SF 2692

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying requirements for 
  1.3             background studies; requiring a review and report to 
  1.4             the legislature on these requirements; limiting 
  1.5             authority of commissioner of human services to set 
  1.6             aside a disqualification; modifying list of 
  1.7             disqualifying crimes; requesting a study and 
  1.8             recommendations regarding methods for tracking civil 
  1.9             actions involving sexual abuse; amending Minnesota 
  1.10            Statutes 2001 Supplement, section 245A.04, 
  1.11            subdivisions 3b, 3d. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.14  245A.04, subdivision 3b, is amended to read: 
  1.15     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  1.16  individual who is the subject of the disqualification may 
  1.17  request a reconsideration of the disqualification.  
  1.18     The individual must submit the request for reconsideration 
  1.19  to the commissioner in writing.  A request for reconsideration 
  1.20  for an individual who has been sent a notice of disqualification 
  1.21  under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  1.22  submitted within 30 calendar days of the disqualified 
  1.23  individual's receipt of the notice of disqualification.  Upon 
  1.24  showing that the information in clause (1) or (2) cannot be 
  1.25  obtained within 30 days, the disqualified individual may request 
  1.26  additional time, not to exceed 30 days, to obtain that 
  1.27  information.  A request for reconsideration for an individual 
  1.28  who has been sent a notice of disqualification under subdivision 
  2.1   3a, paragraph (b), clause (3), must be submitted within 15 
  2.2   calendar days of the disqualified individual's receipt of the 
  2.3   notice of disqualification.  An individual who was determined to 
  2.4   have maltreated a child under section 626.556 or a vulnerable 
  2.5   adult under section 626.557, and who was disqualified under this 
  2.6   section on the basis of serious or recurring maltreatment, may 
  2.7   request reconsideration of both the maltreatment and the 
  2.8   disqualification determinations.  The request for 
  2.9   reconsideration of the maltreatment determination and the 
  2.10  disqualification must be submitted within 30 calendar days of 
  2.11  the individual's receipt of the notice of disqualification.  
  2.12  Removal of a disqualified individual from direct contact shall 
  2.13  be ordered if the individual does not request reconsideration 
  2.14  within the prescribed time, and for an individual who submits a 
  2.15  timely request for reconsideration, if the disqualification is 
  2.16  not set aside.  The individual must present information showing 
  2.17  that: 
  2.18     (1) the information the commissioner relied upon is 
  2.19  incorrect or inaccurate.  If the basis of a reconsideration 
  2.20  request is that a maltreatment determination or disposition 
  2.21  under section 626.556 or 626.557 is incorrect, and the 
  2.22  commissioner has issued a final order in an appeal of that 
  2.23  determination or disposition under section 256.045 or 245A.08, 
  2.24  subdivision 5, the commissioner's order is conclusive on the 
  2.25  issue of maltreatment.  If the individual did not request 
  2.26  reconsideration of the maltreatment determination, the 
  2.27  maltreatment determination is deemed conclusive; or 
  2.28     (2) the subject of the study does not pose a risk of harm 
  2.29  to any person served by the applicant, license holder, or 
  2.30  registrant under section 144A.71, subdivision 1. 
  2.31     (b) The commissioner shall rescind the disqualification if 
  2.32  the commissioner finds that the information relied on to 
  2.33  disqualify the subject is incorrect.  The commissioner may set 
  2.34  aside the disqualification under this section if the 
  2.35  commissioner finds that the individual does not pose a risk of 
  2.36  harm to any person served by the applicant, license holder, or 
  3.1   registrant under section 144A.71, subdivision 1.  In determining 
  3.2   that an individual does not pose a risk of harm, the 
  3.3   commissioner shall consider the nature, severity, and 
  3.4   consequences of the event or events that lead to 
  3.5   disqualification, whether there is more than one disqualifying 
  3.6   event, the age and vulnerability of the victim at the time of 
  3.7   the event, the harm suffered by the victim, the similarity 
  3.8   between the victim and persons served by the program, the time 
  3.9   elapsed without a repeat of the same or similar event, 
  3.10  documentation of successful completion by the individual studied 
  3.11  of training or rehabilitation pertinent to the event, and any 
  3.12  other information relevant to reconsideration.  In reviewing a 
  3.13  disqualification under this section, the commissioner shall give 
  3.14  preeminent weight to the safety of each person to be served by 
  3.15  the license holder, applicant, or registrant under section 
  3.16  144A.71, subdivision 1, over the interests of the license 
  3.17  holder, applicant, or registrant under section 144A.71, 
  3.18  subdivision 1. 
  3.19     (c) Unless the information the commissioner relied on in 
  3.20  disqualifying an individual is incorrect, the commissioner may 
  3.21  not set aside the disqualification of an individual in 
  3.22  connection with a license to provide family day care for 
  3.23  children, foster care for children in the provider's own home, 
  3.24  or foster care or day care services for adults in the provider's 
  3.25  own home if: 
  3.26     (1) less than ten years have passed since the discharge of 
  3.27  the sentence imposed for the offense; and the individual has 
  3.28  been convicted of a violation of any offense listed in sections 
  3.29  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  3.30  in the second degree), 609.165 (felon ineligible to possess 
  3.31  firearm), criminal vehicular homicide under 609.21 (criminal 
  3.32  vehicular homicide and injury), 609.215 (aiding suicide or 
  3.33  aiding attempted suicide), felony violations under 609.221 to 
  3.34  609.223 or 609.2231 (assault in the first, second, third, or 
  3.35  fourth degree), 609.713 (terroristic threats), 609.235 (use of 
  3.36  drugs to injure or to facilitate crime), 609.24 (simple 
  4.1   robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  4.2   609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  4.3   first or second degree), 609.71 (riot), 609.498, subdivision 1 
  4.4   or 1a (aggravated first degree or first degree tampering with a 
  4.5   witness), burglary in the first or second degree under 609.582 
  4.6   (burglary), 609.66 (dangerous weapon), 609.665 (spring guns), 
  4.7   609.67 (machine guns and short-barreled shotguns), 609.749, 
  4.8   subdivision 2 (gross misdemeanor harassment; stalking), 152.021 
  4.9   or 152.022 (controlled substance crime in the first or second 
  4.10  degree), 152.023, subdivision 1, clause (3) or (4), or 
  4.11  subdivision 2, clause (4) (controlled substance crime in the 
  4.12  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  4.13  (controlled substance crime in the fourth degree), 609.224, 
  4.14  subdivision 2, paragraph (c) (fifth-degree assault by a 
  4.15  caregiver against a vulnerable adult), 609.228 (great bodily 
  4.16  harm caused by distribution of drugs), 609.23 (mistreatment of 
  4.17  persons confined), 609.231 (mistreatment of residents or 
  4.18  patients), 609.2325 (criminal abuse of a vulnerable adult), 
  4.19  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  4.20  (financial exploitation of a vulnerable adult), 609.234 (failure 
  4.21  to report), 609.265 (abduction), 609.2664 to 609.2665 
  4.22  (manslaughter of an unborn child in the first or second degree), 
  4.23  609.267 to 609.2672 (assault of an unborn child in the first, 
  4.24  second, or third degree), 609.268 (injury or death of an unborn 
  4.25  child in the commission of a crime), 617.293 (disseminating or 
  4.26  displaying harmful material to minors), a felony level 
  4.27  conviction involving alcohol or drug use, a gross misdemeanor 
  4.28  offense under 609.324, subdivision 1 (other prohibited acts), a 
  4.29  gross misdemeanor offense under 609.378 (neglect or endangerment 
  4.30  of a child), a gross misdemeanor offense under 609.377 
  4.31  (malicious punishment of a child), 609.72, subdivision 3 
  4.32  (disorderly conduct against a vulnerable adult); or an attempt 
  4.33  or conspiracy to commit any of these offenses, as each of these 
  4.34  offenses is defined in Minnesota Statutes; or an offense in any 
  4.35  other state, the elements of which are substantially similar to 
  4.36  the elements of any of the foregoing offenses; 
  5.1      (2) regardless of how much time has passed since the 
  5.2   involuntary termination of parental rights under section 
  5.3   260C.301 or the discharge of the sentence imposed for the 
  5.4   offense, the individual was convicted of a violation of any 
  5.5   offense listed in sections 609.185 to 609.195 (murder in the 
  5.6   first, second, or third degree), 609.20 (manslaughter in the 
  5.7   first degree), 609.205 (manslaughter in the second degree), 
  5.8   609.245 (aggravated robbery), 609.25 (kidnapping), 609.561 
  5.9   (arson in the first degree), 609.749, subdivision 3, 4, or 5 
  5.10  (felony-level harassment; stalking), 609.228 (great bodily harm 
  5.11  caused by distribution of drugs), 609.221 or 609.222 (assault in 
  5.12  the first or second degree), 609.66, subdivision 1e (drive-by 
  5.13  shooting), 609.855, subdivision 5 (shooting in or at a public 
  5.14  transit vehicle or facility), 609.2661 to 609.2663 (murder of an 
  5.15  unborn child in the first, second, or third degree), a felony 
  5.16  offense under 609.377 (malicious punishment of a child), a 
  5.17  felony offense under 609.324, subdivision 1 (other prohibited 
  5.18  acts), a felony offense under 609.378 (neglect or endangerment 
  5.19  of a child), 609.322 (solicitation, inducement, and promotion of 
  5.20  prostitution), 609.342 to 609.345 (criminal sexual conduct in 
  5.21  the first, second, third, or fourth degree), 609.352 
  5.22  (solicitation of children to engage in sexual conduct), 617.246 
  5.23  (use of minors in a sexual performance), 617.247 (possession of 
  5.24  pictorial representations of a minor), 609.365 (incest), a 
  5.25  felony offense under sections 609.2242 and 609.2243 (domestic 
  5.26  assault), a felony offense of spousal abuse, a felony offense of 
  5.27  child abuse or neglect, a felony offense of a crime against 
  5.28  children, or an attempt or conspiracy to commit any of these 
  5.29  offenses as defined in Minnesota Statutes, or an offense in any 
  5.30  other state, the elements of which are substantially similar to 
  5.31  any of the foregoing offenses; 
  5.32     (3) within the seven years preceding the study, the 
  5.33  individual committed an act that constitutes maltreatment of a 
  5.34  child under section 626.556, subdivision 10e, and that resulted 
  5.35  in substantial bodily harm as defined in section 609.02, 
  5.36  subdivision 7a, or substantial mental or emotional harm as 
  6.1   supported by competent psychological or psychiatric evidence; or 
  6.2      (4) within the seven years preceding the study, the 
  6.3   individual was determined under section 626.557 to be the 
  6.4   perpetrator of a substantiated incident of maltreatment of a 
  6.5   vulnerable adult that resulted in substantial bodily harm as 
  6.6   defined in section 609.02, subdivision 7a, or substantial mental 
  6.7   or emotional harm as supported by competent psychological or 
  6.8   psychiatric evidence. 
  6.9      In the case of any ground for disqualification under 
  6.10  clauses (1) to (4), if the act was committed by an individual 
  6.11  other than the applicant, license holder, or registrant under 
  6.12  section 144A.71, subdivision 1, residing in the applicant's or 
  6.13  license holder's home, or the home of a registrant under section 
  6.14  144A.71, subdivision 1, the applicant, license holder, or 
  6.15  registrant under section 144A.71, subdivision 1, may seek 
  6.16  reconsideration when the individual who committed the act no 
  6.17  longer resides in the home.  
  6.18     The disqualification periods provided under clauses (1), 
  6.19  (3), and (4) are the minimum applicable disqualification 
  6.20  periods.  The commissioner may determine that an individual 
  6.21  should continue to be disqualified from licensure or 
  6.22  registration under section 144A.71, subdivision 1, because the 
  6.23  license holder, applicant, or registrant under section 144A.71, 
  6.24  subdivision 1, poses a risk of harm to a person served by that 
  6.25  individual after the minimum disqualification period has passed. 
  6.26     (d) The commissioner shall respond in writing or by 
  6.27  electronic transmission to all reconsideration requests for 
  6.28  which the basis for the request is that the information relied 
  6.29  upon by the commissioner to disqualify is incorrect or 
  6.30  inaccurate within 30 working days of receipt of a request and 
  6.31  all relevant information.  If the basis for the request is that 
  6.32  the individual does not pose a risk of harm, the commissioner 
  6.33  shall respond to the request within 15 working days after 
  6.34  receiving the request for reconsideration and all relevant 
  6.35  information.  If the request is based on both the correctness or 
  6.36  accuracy of the information relied on to disqualify the 
  7.1   individual and the risk of harm, the commissioner shall respond 
  7.2   to the request within 45 working days after receiving the 
  7.3   request for reconsideration and all relevant information.  If 
  7.4   the disqualification is set aside, the commissioner shall notify 
  7.5   the applicant or license holder in writing or by electronic 
  7.6   transmission of the decision. 
  7.7      (e) Except as provided in subdivision 3c, if a 
  7.8   disqualification is not set aside or is not rescinded, an 
  7.9   individual who was disqualified on the basis of a preponderance 
  7.10  of evidence that the individual committed an act or acts that 
  7.11  meet the definition of any of the crimes lists in subdivision 
  7.12  3d, paragraph (a), clauses (1) to (4); or for failure to make 
  7.13  required reports under section 626.556, subdivision 3, or 
  7.14  626.557, subdivision 3, pursuant to subdivision 3d, paragraph 
  7.15  (a), clause (4), may request a fair hearing under section 
  7.16  256.045.  Except as provided under subdivision 3c, the 
  7.17  commissioner's final order for an individual under this 
  7.18  paragraph is conclusive on the issue of maltreatment and 
  7.19  disqualification, including for purposes of subsequent studies 
  7.20  conducted under subdivision 3, and is the only administrative 
  7.21  appeal of the final agency determination, specifically, 
  7.22  including a challenge to the accuracy and completeness of data 
  7.23  under section 13.04.  
  7.24     (f) Except as provided under subdivision 3c, if an 
  7.25  individual was disqualified on the basis of a determination of 
  7.26  maltreatment under section 626.556 or 626.557, which was serious 
  7.27  or recurring, and the individual has requested reconsideration 
  7.28  of the maltreatment determination under section 626.556, 
  7.29  subdivision 10i, or 626.557, subdivision 9d, and also requested 
  7.30  reconsideration of the disqualification under this subdivision, 
  7.31  reconsideration of the maltreatment determination and 
  7.32  reconsideration of the disqualification shall be consolidated 
  7.33  into a single reconsideration.  For maltreatment and 
  7.34  disqualification determinations made by county agencies, the 
  7.35  consolidated reconsideration shall be conducted by the county 
  7.36  agency.  Except as provided under subdivision 3c, if an 
  8.1   individual who was disqualified on the basis of serious or 
  8.2   recurring maltreatment requests a fair hearing on the 
  8.3   maltreatment determination under section 626.556, subdivision 
  8.4   10i, or 626.557, subdivision 9d, the scope of the fair hearing 
  8.5   under section 256.045 shall include the maltreatment 
  8.6   determination and the disqualification.  Except as provided 
  8.7   under subdivision 3c, the commissioner's final order for an 
  8.8   individual under this paragraph is conclusive on the issue of 
  8.9   maltreatment and disqualification, including for purposes of 
  8.10  subsequent studies conducted under subdivision 3, and is the 
  8.11  only administrative appeal of the final agency determination, 
  8.12  specifically, including a challenge to the accuracy and 
  8.13  completeness of data under section 13.04. 
  8.14     (g) In the notice from the commissioner that a 
  8.15  disqualification has been set aside, the license holder must be 
  8.16  informed that information about the nature of the 
  8.17  disqualification and which factors under paragraph (b) were the 
  8.18  bases of the decision to set aside the disqualification is 
  8.19  available to the license holder upon request without consent of 
  8.20  the background study subject.  With the written consent of a 
  8.21  background study subject, the commissioner may release to the 
  8.22  license holder copies of all information related to the 
  8.23  background study subject's disqualification and the 
  8.24  commissioner's decision to set aside the disqualification as 
  8.25  specified in the written consent. 
  8.26     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  8.27  245A.04, subdivision 3d, is amended to read: 
  8.28     Subd. 3d.  [DISQUALIFICATION.] (a) Upon receipt of 
  8.29  information showing, or when a background study completed under 
  8.30  subdivision 3 shows any of the following:  a conviction of one 
  8.31  or more crimes listed in clauses (1) to (4); the individual has 
  8.32  admitted to or a preponderance of the evidence indicates the 
  8.33  individual has committed an act or acts that meet the definition 
  8.34  of any of the crimes listed in clauses (1) to (4); or an 
  8.35  investigation results in an administrative determination listed 
  8.36  under clause (4), the individual shall be disqualified from any 
  9.1   position allowing direct contact with persons receiving services 
  9.2   from the license holder, entity identified in subdivision 3, 
  9.3   paragraph (a), or registrant under section 144A.71, subdivision 
  9.4   1, and for individuals studied under section 245A.04, 
  9.5   subdivision 3, paragraph (c), clauses (2), (6), and (7), the 
  9.6   individual shall also be disqualified from access to a person 
  9.7   receiving services from the license holder: 
  9.8      (1) regardless of how much time has passed since the 
  9.9   involuntary termination of parental rights under section 
  9.10  260C.301 or the discharge of the sentence imposed for the 
  9.11  offense, and unless otherwise specified, regardless of the level 
  9.12  of the conviction, the individual was convicted of any of the 
  9.13  following offenses:  sections 609.185 (murder in the first 
  9.14  degree); 609.19 (murder in the second degree); 609.195 (murder 
  9.15  in the third degree); 609.2661 (murder of an unborn child in the 
  9.16  first degree); 609.2662 (murder of an unborn child in the second 
  9.17  degree); 609.2663 (murder of an unborn child in the third 
  9.18  degree); 609.20 (manslaughter in the first degree); 609.205 
  9.19  (manslaughter in the second degree); 609.221 or 609.222 (assault 
  9.20  in the first or second degree); 609.228 (great bodily harm 
  9.21  caused by distribution of drugs); 609.245 (aggravated robbery); 
  9.22  609.25 (kidnapping); 609.561 (arson in the first degree); 
  9.23  609.749, subdivision 3, 4, or 5 (felony-level harassment; 
  9.24  stalking); 609.66, subdivision 1e (drive-by shooting); 609.855, 
  9.25  subdivision 5 (shooting at or in a public transit vehicle or 
  9.26  facility); 609.322 (solicitation, inducement, and promotion of 
  9.27  prostitution); 609.342 (criminal sexual conduct in the first 
  9.28  degree); 609.343 (criminal sexual conduct in the second degree); 
  9.29  609.344 (criminal sexual conduct in the third degree); 609.345 
  9.30  (criminal sexual conduct in the fourth degree); 609.352 
  9.31  (solicitation of children to engage in sexual conduct); 609.365 
  9.32  (incest); felony offense under 609.377 (malicious punishment of 
  9.33  a child); a felony offense under 609.378 (neglect or 
  9.34  endangerment of a child); a felony offense under 609.324, 
  9.35  subdivision 1 (other prohibited acts); 617.246 (use of minors in 
  9.36  sexual performance prohibited); 617.247 (possession of pictorial 
 10.1   representations of minors); a felony offense under sections 
 10.2   609.2242 and 609.2243 (domestic assault), a felony offense of 
 10.3   spousal abuse, a felony offense of child abuse or neglect, a 
 10.4   felony offense of a crime against children; or attempt or 
 10.5   conspiracy to commit any of these offenses as defined in 
 10.6   Minnesota Statutes, or an offense in any other state or country, 
 10.7   where the elements are substantially similar to any of the 
 10.8   offenses listed in this clause; 
 10.9      (2) if less than 15 years have passed since the discharge 
 10.10  of the sentence imposed for the offense; and the individual has 
 10.11  received a felony conviction for a violation of any of these 
 10.12  offenses:  sections 609.20 (manslaughter in the first degree); 
 10.13  609.205 (manslaughter in the second degree); 609.21 (criminal 
 10.14  vehicular homicide and injury); 609.165 (felon ineligible to 
 10.15  possess firearm); 609.215 (suicide); 609.221 to 609.223 or 
 10.16  609.2231 (assault in the first, second, third, or fourth 
 10.17  degree); repeat offenses under 609.224 (assault in the fifth 
 10.18  degree); repeat offenses under 609.3451 (criminal sexual conduct 
 10.19  in the fifth degree); 609.498, subdivision 1 or 1a (aggravated 
 10.20  first degree or first degree tampering with a witness); 609.713 
 10.21  (terroristic threats); 609.235 (use of drugs to injure or 
 10.22  facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
 10.23  robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 
 10.24  609.561 (arson in the first degree); 609.562 (arson in the 
 10.25  second degree); 609.563 (arson in the third degree); repeat 
 10.26  offenses under 617.23 (indecent exposure; penalties); repeat 
 10.27  offenses under 617.241 (obscene materials and performances; 
 10.28  distribution and exhibition prohibited; penalty); 609.71 (riot); 
 10.29  609.66 (dangerous weapons); 609.67 (machine guns and 
 10.30  short-barreled shotguns); 609.749 (harassment; stalking; 
 10.31  penalties); 609.228 (great bodily harm caused by distribution of 
 10.32  drugs); 609.2325 (criminal abuse of a vulnerable adult); 
 10.33  609.2664 (manslaughter of an unborn child in the first degree); 
 10.34  609.2665 (manslaughter of an unborn child in the second degree); 
 10.35  609.267 (assault of an unborn child in the first degree); 
 10.36  609.2671 (assault of an unborn child in the second degree); 
 11.1   609.268 (injury or death of an unborn child in the commission of 
 11.2   a crime); 609.52 (theft); 609.2335 (financial exploitation of a 
 11.3   vulnerable adult); 609.521 (possession of shoplifting gear); 
 11.4   609.582 (burglary); 609.625 (aggravated forgery); 609.63 
 11.5   (forgery); 609.631 (check forgery; offering a forged check); 
 11.6   609.635 (obtaining signature by false pretense); 609.27 
 11.7   (coercion); 609.275 (attempt to coerce); 609.687 (adulteration); 
 11.8   260C.301 (grounds for termination of parental rights); chapter 
 11.9   152 (drugs; controlled substance); and a felony level conviction 
 11.10  involving alcohol or drug use.  An attempt or conspiracy to 
 11.11  commit any of these offenses, as each of these offenses is 
 11.12  defined in Minnesota Statutes; or an offense in any other state 
 11.13  or country, the elements of which are substantially similar to 
 11.14  the elements of the offenses in this clause.  If the individual 
 11.15  studied is convicted of one of the felonies listed in this 
 11.16  clause, but the sentence is a gross misdemeanor or misdemeanor 
 11.17  disposition, the lookback period for the conviction is the 
 11.18  period applicable to the disposition, that is the period for 
 11.19  gross misdemeanors or misdemeanors; 
 11.20     (3) if less than ten years have passed since the discharge 
 11.21  of the sentence imposed for the offense; and the individual has 
 11.22  received a gross misdemeanor conviction for a violation of any 
 11.23  of the following offenses:  sections 609.224 (assault in the 
 11.24  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 11.25  violation of an order for protection under 518B.01, subdivision 
 11.26  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 11.27  repeat offenses under 609.746 (interference with privacy); 
 11.28  repeat offenses under 617.23 (indecent exposure); 617.241 
 11.29  (obscene materials and performances); 617.243 (indecent 
 11.30  literature, distribution); 617.293 (harmful materials; 
 11.31  dissemination and display to minors prohibited); 609.71 (riot); 
 11.32  609.66 (dangerous weapons); 609.749, subdivision 2 (harassment; 
 11.33  stalking; penalties); 609.224, subdivision 2, paragraph (c) 
 11.34  (assault in the fifth degree by a caregiver against a vulnerable 
 11.35  adult); 609.23 (mistreatment of persons confined); 609.231 
 11.36  (mistreatment of residents or patients); 609.2325 (criminal 
 12.1   abuse of a vulnerable adult); 609.233 (criminal neglect of a 
 12.2   vulnerable adult); 609.2335 (financial exploitation of a 
 12.3   vulnerable adult); 609.234 (failure to report maltreatment of a 
 12.4   vulnerable adult); 609.72, subdivision 3 (disorderly conduct 
 12.5   against a vulnerable adult); 609.265 (abduction); 609.378 
 12.6   (neglect or endangerment of a child); 609.377 (malicious 
 12.7   punishment of a child); 609.324, subdivision 1a (other 
 12.8   prohibited acts; minor engaged in prostitution); 609.33 
 12.9   (disorderly house); 609.52 (theft); 609.582 (burglary); 609.631 
 12.10  (check forgery; offering a forged check); 609.275 (attempt to 
 12.11  coerce); or an attempt or conspiracy to commit any of these 
 12.12  offenses, as each of these offenses is defined in Minnesota 
 12.13  Statutes; or an offense in any other state or country, the 
 12.14  elements of which are substantially similar to the elements of 
 12.15  any of the offenses listed in this clause.  If the defendant is 
 12.16  convicted of one of the gross misdemeanors listed in this 
 12.17  clause, but the sentence is a misdemeanor disposition, the 
 12.18  lookback period for the conviction is the period applicable to 
 12.19  misdemeanors; or 
 12.20     (4) if less than seven years have passed since the 
 12.21  discharge of the sentence imposed for the offense; and the 
 12.22  individual has received a misdemeanor conviction for a violation 
 12.23  of any of the following offenses:  sections 609.224 (assault in 
 12.24  the fifth degree); 609.2242 (domestic assault); violation of an 
 12.25  order for protection under 518B.01 (Domestic Abuse Act); 
 12.26  violation of an order for protection under 609.3232 (protective 
 12.27  order authorized; procedures; penalties); 609.746 (interference 
 12.28  with privacy); 609.79 (obscene or harassing phone calls); 
 12.29  609.795 (letter, telegram, or package; opening; harassment); 
 12.30  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 12.31  unborn child in the third degree); 617.293 (harmful materials; 
 12.32  dissemination and display to minors prohibited); 609.66 
 12.33  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 12.34  exploitation of a vulnerable adult); 609.234 (failure to report 
 12.35  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 12.36  (coercion); or an attempt or conspiracy to commit any of these 
 13.1   offenses, as each of these offenses is defined in Minnesota 
 13.2   Statutes; or an offense in any other state or country, the 
 13.3   elements of which are substantially similar to the elements of 
 13.4   any of the offenses listed in this clause; a determination or 
 13.5   disposition of failure to make required reports under section 
 13.6   626.556, subdivision 3, or 626.557, subdivision 3, for incidents 
 13.7   in which:  (i) the final disposition under section 626.556 or 
 13.8   626.557 was substantiated maltreatment, and (ii) the 
 13.9   maltreatment was recurring or serious; or a determination or 
 13.10  disposition of substantiated serious or recurring maltreatment 
 13.11  of a minor under section 626.556 or of a vulnerable adult under 
 13.12  section 626.557 for which there is a preponderance of evidence 
 13.13  that the maltreatment occurred, and that the subject was 
 13.14  responsible for the maltreatment. 
 13.15     For the purposes of this section, "serious maltreatment" 
 13.16  means sexual abuse; maltreatment resulting in death; or 
 13.17  maltreatment resulting in serious injury which reasonably 
 13.18  requires the care of a physician whether or not the care of a 
 13.19  physician was sought; or abuse resulting in serious injury.  For 
 13.20  purposes of this section, "abuse resulting in serious injury" 
 13.21  means:  bruises, bites, skin laceration or tissue damage; 
 13.22  fractures; dislocations; evidence of internal injuries; head 
 13.23  injuries with loss of consciousness; extensive second-degree or 
 13.24  third-degree burns and other burns for which complications are 
 13.25  present; extensive second-degree or third-degree frostbite, and 
 13.26  others for which complications are present; irreversible 
 13.27  mobility or avulsion of teeth; injuries to the eyeball; 
 13.28  ingestion of foreign substances and objects that are harmful; 
 13.29  near drowning; and heat exhaustion or sunstroke.  For purposes 
 13.30  of this section, "care of a physician" is treatment received or 
 13.31  ordered by a physician, but does not include diagnostic testing, 
 13.32  assessment, or observation.  For the purposes of this section, 
 13.33  "recurring maltreatment" means more than one incident of 
 13.34  maltreatment for which there is a preponderance of evidence that 
 13.35  the maltreatment occurred, and that the subject was responsible 
 13.36  for the maltreatment.  For purposes of this section, "access" 
 14.1   means physical access to an individual receiving services or the 
 14.2   individual's personal property without continuous, direct 
 14.3   supervision as defined in section 245A.04, subdivision 3.  
 14.4      (b) Except for background studies related to child foster 
 14.5   care, adult foster care, or family child care licensure, when 
 14.6   the subject of a background study is regulated by a 
 14.7   health-related licensing board as defined in chapter 214, and 
 14.8   the regulated person has been determined to have been 
 14.9   responsible for substantiated maltreatment under section 626.556 
 14.10  or 626.557, instead of the commissioner making a decision 
 14.11  regarding disqualification, the board shall make a determination 
 14.12  whether to impose disciplinary or corrective action under 
 14.13  chapter 214. 
 14.14     (1) The commissioner shall notify the health-related 
 14.15  licensing board: 
 14.16     (i) upon completion of a background study that produces a 
 14.17  record showing that the individual was determined to have been 
 14.18  responsible for substantiated maltreatment; 
 14.19     (ii) upon the commissioner's completion of an investigation 
 14.20  that determined the individual was responsible for substantiated 
 14.21  maltreatment; or 
 14.22     (iii) upon receipt from another agency of a finding of 
 14.23  substantiated maltreatment for which the individual was 
 14.24  responsible. 
 14.25     (2) The commissioner's notice shall indicate whether the 
 14.26  individual would have been disqualified by the commissioner for 
 14.27  the substantiated maltreatment if the individual were not 
 14.28  regulated by the board.  The commissioner shall concurrently 
 14.29  send this notice to the individual. 
 14.30     (3) Notwithstanding the exclusion from this subdivision for 
 14.31  individuals who provide child foster care, adult foster care, or 
 14.32  family child care, when the commissioner or a local agency has 
 14.33  reason to believe that the direct contact services provided by 
 14.34  the individual may fall within the jurisdiction of a 
 14.35  health-related licensing board, a referral shall be made to the 
 14.36  board as provided in this section. 
 15.1      (4) If, upon review of the information provided by the 
 15.2   commissioner, a health-related licensing board informs the 
 15.3   commissioner that the board does not have jurisdiction to take 
 15.4   disciplinary or corrective action, the commissioner shall make 
 15.5   the appropriate disqualification decision regarding the 
 15.6   individual as otherwise provided in this chapter. 
 15.7      (5) The commissioner has the authority to monitor the 
 15.8   facility's compliance with any requirements that the 
 15.9   health-related licensing board places on regulated persons 
 15.10  practicing in a facility either during the period pending a 
 15.11  final decision on a disciplinary or corrective action or as a 
 15.12  result of a disciplinary or corrective action.  The commissioner 
 15.13  has the authority to order the immediate removal of a regulated 
 15.14  person from direct contact or access when a board issues an 
 15.15  order of temporary suspension based on a determination that the 
 15.16  regulated person poses an immediate risk of harm to persons 
 15.17  receiving services in a licensed facility. 
 15.18     (6) A facility that allows a regulated person to provide 
 15.19  direct contact services while not complying with the 
 15.20  requirements imposed by the health-related licensing board is 
 15.21  subject to action by the commissioner as specified under 
 15.22  sections 245A.06 and 245A.07. 
 15.23     (7) The commissioner shall notify a health-related 
 15.24  licensing board immediately upon receipt of knowledge of 
 15.25  noncompliance with requirements placed on a facility or upon a 
 15.26  person regulated by the board. 
 15.27     Sec. 3.  [BACKGROUND STUDY PROCESS AND VULNERABLE ADULT ACT 
 15.28  REVIEW.] 
 15.29     The commissioner of human services shall consult with the 
 15.30  commissioners of health and corrections, the attorney general, 
 15.31  and stakeholder groups involved with vulnerable adult 
 15.32  maltreatment investigations under Minnesota Statutes, section 
 15.33  626.557, and the background studies completed under Minnesota 
 15.34  Statutes, section 245A.04, and inform the legislature about the 
 15.35  issues reported to be most in need of a policy review by the 
 15.36  legislature. 
 16.1      Stakeholders consulted must include representatives of 
 16.2   provider groups for programs licensed by the commissioners of 
 16.3   health, human services, and corrections; unions; the ombudsman 
 16.4   for mental health and mental retardation; and consumer advocacy 
 16.5   groups. 
 16.6      The review shall include a report on available data 
 16.7   regarding the background study set-aside and variance processes 
 16.8   and the resulting maltreatment findings against people with 
 16.9   criminal histories who have been allowed by a state agency to 
 16.10  provide services to children and vulnerable adults. 
 16.11     The review shall also include a report on the data 
 16.12  regarding maltreatment investigations, rates of substantiation 
 16.13  of maltreatment, appeals of findings, and appeal results. 
 16.14     The review shall also examine crimes that currently are 
 16.15  considered disqualifying crimes and recommend any change to 
 16.16  current laws deemed appropriate. 
 16.17     The commissioner shall provide this report to the chairs of 
 16.18  the senate health and family security committee and the house of 
 16.19  representatives health and human services committee by January 
 16.20  15, 2003. 
 16.21     Sec. 4.  [TRACKING OF CIVIL ACTIONS INVOLVING SEXUAL 
 16.22  ABUSE.] 
 16.23     The supreme court is requested to study and make 
 16.24  recommendations regarding methods for tracking the filing and 
 16.25  status of civil actions for damages resulting from sexual abuse, 
 16.26  for purposes of identifying individuals who may be disqualified 
 16.27  from human services licensing under Minnesota Statutes, chapter 
 16.28  245A.  The supreme court is requested to report back to the 
 16.29  legislature by July 15, 2003, with the results of its study and 
 16.30  recommendations for implementation of a tracking system.