SF 1868

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to public safety; expanding the Child Protection Background Check Act
to include independent contractors; amending Minnesota Statutes 2008, sections
299C.61, subdivision 6; 299C.62, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2008, section 299C.61, subdivision 6, is amended to read:

Subd. 6.

Children's service worker.

"Children's service worker" means a person
who has, may have, or seeks to have access to a child to whom the children's service
provider provides children's services, and who:

(1) is employed by, volunteers with, or seeks to be employed by or volunteer with
a children's service provider; deleted text begin or
deleted text end

(2) new text begin is an independent contractor who provides children's services to a children's
service provider; or
new text end

new text begin (3) new text end owns, operates, or seeks to own or operate a children's service provider.

Sec. 2.

Minnesota Statutes 2008, section 299C.62, subdivision 3, is amended to read:

Subd. 3.

Children's service worker rights.

(a) The children's service provider
shall notify the children's service worker of the children's service worker's rights under
paragraph (b).

(b) A children's service worker who is the subject of a background check request
has the following rights:

(1) the right to be informed that a children's service provider will request a
background check on the children's service worker:

(i) for purposes of the children's service worker's application to be employed by,
volunteer with, new text begin be an independent contractor for, new text end or be an owner of a children's service
provider or for purposes of continuing as an employee, volunteer, new text begin independent contractor,
new text end or owner; and

(ii) to determine whether the children's service worker has been convicted of any
crime specified in section 299C.61, subdivision 2 or 4;

(2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;

(3) the right to obtain from the superintendent any record that forms the basis for
the report;

(4) the right to challenge the accuracy and completeness of any information
contained in the report or record pursuant to section 13.04, subdivision 4;

(5) the right to be informed by the children's service provider if the children's
service worker's application to be employed with, volunteer with, new text begin be an independent
contractor for, new text end or be an owner of a children's service provider, or to continue as an
employee, volunteer, new text begin independent contractor, new text end or owner, has been denied because of the
superintendent's response; and

(6) the right not to be required directly or indirectly to pay the cost of the background
check.

Sec. 3.

Minnesota Statutes 2008, section 299C.62, subdivision 4, is amended to read:

Subd. 4.

Response of bureau.

The superintendent shall respond to a background
check request within a reasonable time after receiving the signed, written document
described in subdivision 2. The superintendent shall provide the children's service
provider with a copy of the applicant's criminal record or a statement that the applicant is
not the subject of a criminal history record at the bureau. It is the responsibility of the
service provider to determine if the applicant qualifies as an employee deleted text begin or deleted text end new text begin , new text end volunteer new text begin , or
independent contractor new text end under this section.