SF 2141

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 10:53am

A bill for an act
relating to human services; modifying the permanent bar to set aside a background
study disqualification; amending Minnesota Statutes 2018, section 245C.24,
subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , the commissioner may not set aside the disqualification
of any individual disqualified pursuant to this chapter, regardless of how much time has
passed, if the individual was disqualified for a crime or conduct listed in section 245C.15,
subdivision 1.

(b) For an individual in the chemical dependency or corrections field who was disqualified
for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification
was set aside prior to July 1, 2005, the commissioner must consider granting a variance
pursuant to section 245C.30 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.

(c) new text begin If an individual providing nonemergency medical transportation was disqualified for
a crime or conduct listed under section 245C.15, subdivision 1, and if more than 40 years
have passed since the discharge of the sentence imposed, the commissioner may consider
granting a variance pursuant to section 245C.30 for the license holder or employer. A request
for reconsideration evaluated under this paragraph must include a letter of recommendation
from the employer.
new text end

new text begin (d) new text end When a licensed foster care provider adopts an individual who had received foster
care services from the provider for over six months, and the adopted individual is required
to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
to permit the adopted individual with a permanent disqualification to remain affiliated with
the license holder under the conditions of the variance when the variance is recommended
by the county of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end