SF 1763

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying disqualification set-asides; amending
Minnesota Statutes 2006, section 245C.24, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

deleted text begin (a) Except as provided in
paragraph (b), deleted text end The commissioner may not set aside the disqualification of any individual
deleted text begin disqualified pursuant to this chapter, deleted text end new text begin in connection with a license to provide family child
care for children, foster care for children in the provider's home, or foster care or day care
services for adults in the provider's home, new text end regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

deleted text begin (b) For an individual in the chemical dependency field who was disqualified for a
crime or conduct listed under section , subdivision 1, and whose disqualification
was set aside prior to July 1, 2005, the commissioner must consider granting a variance
pursuant to section for the license holder for a program dealing primarily with
adults. A request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.
deleted text end