SF 2790

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

1.1A bill for an act

1.2relating to public safety; modifying provisions relating to background checks of
1.3persons licensed by the Department of Human Services; modifying provisions
1.4governing public hearings and public access to juvenile records; authorizing the
1.5expungement of certain juvenile records; authorizing the commissioner of human
1.6services to grant set asides or variances for certain individuals disqualified
1.7from licensure because of an offense committed as a juvenile;amending
1.8Minnesota Statutes 2008, sections 245C.27, subdivision 2; 245C.28, subdivision
1.93; 609A.02, subdivision 2; 609A.03, subdivisions 1, 2, 4, 5, 5a, 7; 626.556,
1.10subdivision 10i; 626.557, subdivision 9d; Minnesota Statutes 2009 Supplement,
1.11sections 245C.24, subdivision 2; 245C.27, subdivision 1; 256.045, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13ARTICLE 1

1.14DHS LICENSING

1.15    Section 1. Minnesota Statutes 2009 Supplement, section 245C.27, subdivision 1, is
1.16amended to read:
1.17    Subdivision 1. Fair hearing when disqualification is not set aside rescinded. (a)
1.18If the commissioner does not set aside rescind a disqualification of an individual under
1.19section 245C.22 who is disqualified on the basis of a preponderance of evidence that the
1.20individual committed an act or acts that meet the definition of any of the crimes listed in
1.21section 245C.15; for a determination under section 626.556 or 626.557 of substantiated
1.22maltreatment that was serious or recurring under section 245C.15; or for failure to make
1.23required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant
1.24to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request
1.25a fair hearing under section 256.045, unless the disqualification is deemed conclusive
1.26under section 245C.29.
2.1    (b) The fair hearing is the only administrative appeal of the final agency
2.2determination for purposes of appeal by the disqualified individual. The disqualified
2.3individual does not have the right to challenge the accuracy and completeness of data
2.4under section 13.04.
2.5    (c) Except as provided under paragraph (e), if the individual was disqualified based
2.6on a conviction of, admission to, or Alford Plea to any crimes listed in section 245C.15,
2.7subdivisions 1 to 4 , or for a disqualification under section 256.98, subdivision 8, the
2.8reconsideration decision under section 245C.22 is the final agency determination for
2.9purposes of appeal by the disqualified individual and is not subject to a hearing under
2.10section 256.045. If the individual was disqualified based on a judicial determination, that
2.11determination is treated the same as a conviction for purposes of appeal.
2.12    (d) This subdivision does not apply to a public employee's appeal of a disqualification
2.13under section 245C.28, subdivision 3.
2.14    (e) Notwithstanding paragraph (c), if the commissioner does not set aside a
2.15disqualification of an individual who was disqualified based on both a preponderance
2.16of evidence and a conviction or admission, the individual may request a fair hearing
2.17under section 256.045, unless the disqualifications are deemed conclusive under section
2.18245C.29 . The scope of the hearing conducted under section 256.045 with regard to the
2.19disqualification based on a conviction or admission shall be limited solely to whether the
2.20individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case,
2.21the reconsideration decision under section 245C.22 is not the final agency decision for
2.22purposes of appeal by the disqualified individual.

2.23    Sec. 2. Minnesota Statutes 2008, section 245C.27, subdivision 2, is amended to read:
2.24    Subd. 2. Consolidated fair hearing. (a) If an individual who is disqualified on the
2.25bases of serious or recurring maltreatment requests a fair hearing on the maltreatment
2.26determination under section 626.556, subdivision 10i, or 626.557, subdivision 9d, and
2.27requests a fair hearing under this section on the disqualification, which has not been
2.28set aside rescinded, the scope of the fair hearing under section 256.045 shall include the
2.29maltreatment determination and the disqualification.
2.30(b) A fair hearing is the only administrative appeal of the final agency determination.
2.31The disqualified individual does not have the right to challenge the accuracy and
2.32completeness of data under section 13.04.
2.33(c) This subdivision does not apply to a public employee's appeal of a disqualification
2.34under section 245C.28, subdivision 3.

3.1    Sec. 3. Minnesota Statutes 2008, section 245C.28, subdivision 3, is amended to read:
3.2    Subd. 3. Employees of public employer. (a) If the commissioner does not set
3.3aside rescind the disqualification of an individual who is an employee of an employer, as
3.4defined in section 179A.03, subdivision 15, the individual may request a contested case
3.5hearing under chapter 14, unless the disqualification is deemed conclusive under section
3.6245C.29. The request for a contested case hearing must be made in writing and must be
3.7postmarked and sent within 30 calendar days after the employee receives notice that the
3.8disqualification has not been set aside rescinded. If the individual was disqualified based
3.9on a conviction or admission to any crimes listed in section 245C.15, the scope of the
3.10contested case hearing shall be limited solely to whether the individual poses a risk of
3.11harm pursuant to section 245C.22.
3.12(b) If the commissioner does not set aside rescind a disqualification that is based on
3.13a maltreatment determination, the scope of the contested case hearing must include the
3.14maltreatment determination and the disqualification. In such cases, a fair hearing must
3.15not be conducted under section 256.045.
3.16(c) If the commissioner does not rescind a disqualification that is based on a
3.17preponderance of evidence that the individual committed an act or acts that meet the
3.18definition of any of the crimes listed in section 245C.15, the scope of the contested case
3.19hearing must include the disqualification decision. In such cases, a fair hearing must
3.20not be conducted under section 256.045.
3.21(c) (d) Rules adopted under this chapter may not preclude an employee in a contested
3.22case hearing for a disqualification from submitting evidence concerning information
3.23gathered under this chapter.
3.24(d) (e) When an individual has been disqualified from multiple licensed programs
3.25and the disqualifications have not been set aside rescinded under section 245C.22, if at
3.26least one of the disqualifications entitles the person to a contested case hearing under this
3.27subdivision, the scope of the contested case hearing shall include all disqualifications from
3.28licensed programs which were not set aside rescinded.
3.29(e) (f) In determining whether the disqualification should be set aside, the
3.30administrative law judge shall consider all of the characteristics that cause the individual
3.31to be disqualified in order to determine whether the individual poses a risk of harm. The
3.32administrative law judge's recommendation and the commissioner's order to set aside
3.33a disqualification that is the subject of the hearing constitutes a determination that the
3.34individual does not pose a risk of harm and that the individual may provide direct contact
3.35services in the individual program specified in the set aside.

4.1    Sec. 4. Minnesota Statutes 2009 Supplement, section 256.045, subdivision 3, is
4.2amended to read:
4.3    Subd. 3. State agency hearings. (a) State agency hearings are available for the
4.4following:
4.5    (1) any person applying for, receiving or having received public assistance, medical
4.6care, or a program of social services granted by the state agency or a county agency or
4.7the federal Food Stamp Act whose application for assistance is denied, not acted upon
4.8with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
4.9claimed to have been incorrectly paid;
4.10    (2) any patient or relative aggrieved by an order of the commissioner under section
4.11252.27 ;
4.12    (3) a party aggrieved by a ruling of a prepaid health plan;
4.13    (4) except as provided under chapter 245C, any individual or facility determined by
4.14a lead agency to have maltreated a vulnerable adult under section 626.557 after they have
4.15exercised their right to administrative reconsideration under section 626.557;
4.16    (5) any person whose claim for foster care payment according to a placement of the
4.17child resulting from a child protection assessment under section 626.556 is denied or not
4.18acted upon with reasonable promptness, regardless of funding source;
4.19    (6) any person to whom a right of appeal according to this section is given by other
4.20provision of law;
4.21    (7) an applicant aggrieved by an adverse decision to an application for a hardship
4.22waiver under section 256B.15;
4.23    (8) an applicant aggrieved by an adverse decision to an application or redetermination
4.24for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
4.25    (9) except as provided under chapter 245A, an individual or facility determined
4.26to have maltreated a minor under section 626.556, after the individual or facility has
4.27exercised the right to administrative reconsideration under section 626.556;
4.28    (10) except as provided under chapter 245C, an individual disqualified under
4.29sections 245C.14 and 245C.15, which has not been set aside rescinded under sections
4.30245C.22 and 245C.23, on the basis of serious or recurring maltreatment; a preponderance
4.31of the evidence that the individual has committed an act or acts that meet the definition
4.32of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make
4.33reports required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings
4.34regarding a maltreatment determination under clause (4) or (9) and a disqualification under
4.35this clause in which the basis for a disqualification is serious or recurring maltreatment,
4.36which has not been set aside rescinded under sections 245C.22 and 245C.23, shall be
5.1consolidated into a single fair hearing. In such cases, the scope of review by the human
5.2services referee shall include both the maltreatment determination and the disqualification.
5.3The failure to exercise the right to an administrative reconsideration shall not be a bar to a
5.4hearing under this section if federal law provides an individual the right to a hearing to
5.5dispute a finding of maltreatment. Individuals and organizations specified in this section
5.6may contest the specified action, decision, or final disposition before the state agency by
5.7submitting a written request for a hearing to the state agency within 30 days after receiving
5.8written notice of the action, decision, or final disposition, or within 90 days of such written
5.9notice if the applicant, recipient, patient, or relative shows good cause why the request
5.10was not submitted within the 30-day time limit; or
5.11    (11) any person with an outstanding debt resulting from receipt of public assistance,
5.12medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
5.13Department of Human Services or a county agency. The scope of the appeal is the validity
5.14of the claimant agency's intention to request a setoff of a refund under chapter 270A
5.15against the debt.
5.16    (b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
5.17(10), is the only administrative appeal to the final agency determination specifically,
5.18including a challenge to the accuracy and completeness of data under section 13.04.
5.19Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
5.20that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
5.21homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
5.22contested case proceeding under the provisions of chapter 14. Hearings requested under
5.23paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
5.24July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (9), is
5.25only available when there is no juvenile court or adult criminal action pending. If such
5.26action is filed in either court while an administrative review is pending, the administrative
5.27review must be suspended until the judicial actions are completed. If the juvenile court
5.28action or criminal charge is dismissed or the criminal action overturned, the matter may be
5.29considered in an administrative hearing.
5.30    (c) For purposes of this section, bargaining unit grievance procedures are not an
5.31administrative appeal.
5.32    (d) The scope of hearings involving claims to foster care payments under paragraph
5.33(a), clause (5), shall be limited to the issue of whether the county is legally responsible
5.34for a child's placement under court order or voluntary placement agreement and, if so,
5.35the correct amount of foster care payment to be made on the child's behalf and shall not
6.1include review of the propriety of the county's child protection determination or child
6.2placement decision.
6.3    (e) A vendor of medical care as defined in section 256B.02, subdivision 7, or a
6.4vendor under contract with a county agency to provide social services is not a party and
6.5may not request a hearing under this section, except if assisting a recipient as provided in
6.6subdivision 4.
6.7    (f) An applicant or recipient is not entitled to receive social services beyond the
6.8services prescribed under chapter 256M or other social services the person is eligible
6.9for under state law.
6.10    (g) The commissioner may summarily affirm the county or state agency's proposed
6.11action without a hearing when the sole issue is an automatic change due to a change in
6.12state or federal law.

6.13    Sec. 5. Minnesota Statutes 2008, section 626.556, subdivision 10i, is amended to read:
6.14    Subd. 10i. Administrative reconsideration; review panel. (a) Administrative
6.15reconsideration is not applicable in family assessments since no determination concerning
6.16maltreatment is made. For investigations, except as provided under paragraph (e), an
6.17individual or facility that the commissioner of human services, a local social service
6.18agency, or the commissioner of education determines has maltreated a child, an interested
6.19person acting on behalf of the child, regardless of the determination, who contests
6.20the investigating agency's final determination regarding maltreatment, may request the
6.21investigating agency to reconsider its final determination regarding maltreatment. The
6.22request for reconsideration must be submitted in writing to the investigating agency within
6.2315 calendar days after receipt of notice of the final determination regarding maltreatment
6.24or, if the request is made by an interested person who is not entitled to notice, within
6.2515 days after receipt of the notice by the parent or guardian of the child. If mailed, the
6.26request for reconsideration must be postmarked and sent to the investigating agency
6.27within 15 calendar days of the individual's or facility's receipt of the final determination. If
6.28the request for reconsideration is made by personal service, it must be received by the
6.29investigating agency within 15 calendar days after the individual's or facility's receipt of the
6.30final determination. Effective January 1, 2002, an individual who was determined to have
6.31maltreated a child under this section and who was disqualified on the basis of serious or
6.32recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
6.33of the maltreatment determination and the disqualification. The request for reconsideration
6.34of the maltreatment determination and the disqualification must be submitted within 30
6.35calendar days of the individual's receipt of the notice of disqualification under sections
7.1245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
7.2determination and the disqualification must be postmarked and sent to the investigating
7.3agency within 30 calendar days of the individual's receipt of the maltreatment
7.4determination and notice of disqualification. If the request for reconsideration is made by
7.5personal service, it must be received by the investigating agency within 30 calendar days
7.6after the individual's receipt of the notice of disqualification.
7.7    (b) Except as provided under paragraphs (e) and (f), if the investigating agency
7.8denies the request or fails to act upon the request within 15 working days after receiving
7.9the request for reconsideration, the person or facility entitled to a fair hearing under section
7.10256.045 may submit to the commissioner of human services or the commissioner of
7.11education a written request for a hearing under that section. Section 256.045 also governs
7.12hearings requested to contest a final determination of the commissioner of education. For
7.13reports involving maltreatment of a child in a facility, an interested person acting on behalf
7.14of the child may request a review by the Child Maltreatment Review Panel under section
7.15256.022 if the investigating agency denies the request or fails to act upon the request or
7.16if the interested person contests a reconsidered determination. The investigating agency
7.17shall notify persons who request reconsideration of their rights under this paragraph.
7.18The request must be submitted in writing to the review panel and a copy sent to the
7.19investigating agency within 30 calendar days of receipt of notice of a denial of a request
7.20for reconsideration or of a reconsidered determination. The request must specifically
7.21identify the aspects of the agency determination with which the person is dissatisfied.
7.22    (c) If, as a result of a reconsideration or review, the investigating agency changes
7.23the final determination of maltreatment, that agency shall notify the parties specified in
7.24subdivisions 10b, 10d, and 10f.
7.25    (d) Except as provided under paragraph (f), if an individual or facility contests the
7.26investigating agency's final determination regarding maltreatment by requesting a fair
7.27hearing under section 256.045, the commissioner of human services shall assure that the
7.28hearing is conducted and a decision is reached within 90 days of receipt of the request for
7.29a hearing. The time for action on the decision may be extended for as many days as the
7.30hearing is postponed or the record is held open for the benefit of either party.
7.31    (e) Effective January 1, 2002, If an individual was disqualified under sections
7.32245C.14 and 245C.15, on the basis of a determination of maltreatment, which was
7.33serious or recurring, and the individual has requested reconsideration of the maltreatment
7.34determination under paragraph (a) and requested reconsideration of the disqualification
7.35under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and
7.36reconsideration of the disqualification shall be consolidated into a single reconsideration.
8.1If reconsideration of the maltreatment determination is denied or the disqualification is not
8.2set aside rescinded under sections 245C.21 to 245C.27, the individual may request a fair
8.3hearing under section 256.045. If an individual requests a fair hearing on the maltreatment
8.4determination and the disqualification, the scope of the fair hearing shall include both the
8.5maltreatment determination and the disqualification.
8.6    (f) Effective January 1, 2002, If a maltreatment determination or a disqualification
8.7based on serious or recurring maltreatment is the basis for a denial of a license under
8.8section 245A.05 or a licensing sanction under section 245A.07, the license holder has the
8.9right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
8.10to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the
8.11contested case hearing shall include the maltreatment determination, disqualification,
8.12and licensing sanction or denial of a license. In such cases, a fair hearing regarding
8.13the maltreatment determination and disqualification shall not be conducted under
8.14section 256.045. Except for family child care and child foster care, reconsideration of a
8.15maltreatment determination as provided under this subdivision, and reconsideration of a
8.16disqualification as provided under section 245C.22, shall also not be conducted when:
8.17    (1) a denial of a license under section 245A.05 or a licensing sanction under section
8.18245A.07 , is based on a determination that the license holder is responsible for maltreatment
8.19or the disqualification of a license holder based on serious or recurring maltreatment;
8.20    (2) the denial of a license or licensing sanction is issued at the same time as the
8.21maltreatment determination or disqualification; and
8.22    (3) the license holder appeals the maltreatment determination or disqualification, and
8.23denial of a license or licensing sanction.
8.24    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
8.25determination or disqualification, but does not appeal the denial of a license or a licensing
8.26sanction, reconsideration of the maltreatment determination shall be conducted under
8.27sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
8.28disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
8.29shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
8.30626.557, subdivision 9d .
8.31    If the disqualified subject is an individual other than the license holder and upon
8.32whom a background study must be conducted under chapter 245C, the hearings of all
8.33parties may be consolidated into a single contested case hearing upon consent of all parties
8.34and the administrative law judge.
8.35    (g) For purposes of this subdivision, "interested person acting on behalf of the
8.36child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
9.1stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
9.2determined to be the perpetrator of the maltreatment.

9.3    Sec. 6. Minnesota Statutes 2008, section 626.557, subdivision 9d, is amended to read:
9.4    Subd. 9d. Administrative reconsideration; review panel. (a) Except as provided
9.5under paragraph (e), any individual or facility which a lead agency determines has
9.6maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on
9.7behalf of the vulnerable adult, regardless of the lead agency's determination, who contests
9.8the lead agency's final disposition of an allegation of maltreatment, may request the
9.9lead agency to reconsider its final disposition. The request for reconsideration must be
9.10submitted in writing to the lead agency within 15 calendar days after receipt of notice of
9.11final disposition or, if the request is made by an interested person who is not entitled to
9.12notice, within 15 days after receipt of the notice by the vulnerable adult or the vulnerable
9.13adult's legal guardian. If mailed, the request for reconsideration must be postmarked and
9.14sent to the lead agency within 15 calendar days of the individual's or facility's receipt of
9.15the final disposition. If the request for reconsideration is made by personal service, it must
9.16be received by the lead agency within 15 calendar days of the individual's or facility's
9.17receipt of the final disposition. An individual who was determined to have maltreated a
9.18vulnerable adult under this section and who was disqualified on the basis of serious or
9.19recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
9.20of the maltreatment determination and the disqualification. The request for reconsideration
9.21of the maltreatment determination and the disqualification must be submitted in writing
9.22within 30 calendar days of the individual's receipt of the notice of disqualification
9.23under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of
9.24the maltreatment determination and the disqualification must be postmarked and sent
9.25to the lead agency within 30 calendar days of the individual's receipt of the notice of
9.26disqualification. If the request for reconsideration is made by personal service, it must be
9.27received by the lead agency within 30 calendar days after the individual's receipt of the
9.28notice of disqualification.
9.29    (b) Except as provided under paragraphs (e) and (f), if the lead agency denies the
9.30request or fails to act upon the request within 15 working days after receiving the request
9.31for reconsideration, the person or facility entitled to a fair hearing under section 256.045,
9.32may submit to the commissioner of human services a written request for a hearing
9.33under that statute. The vulnerable adult, or an interested person acting on behalf of the
9.34vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review
9.35Panel under section 256.021 if the lead agency denies the request or fails to act upon the
10.1request, or if the vulnerable adult or interested person contests a reconsidered disposition.
10.2The lead agency shall notify persons who request reconsideration of their rights under this
10.3paragraph. The request must be submitted in writing to the review panel and a copy sent
10.4to the lead agency within 30 calendar days of receipt of notice of a denial of a request for
10.5reconsideration or of a reconsidered disposition. The request must specifically identify the
10.6aspects of the agency determination with which the person is dissatisfied.
10.7    (c) If, as a result of a reconsideration or review, the lead agency changes the final
10.8disposition, it shall notify the parties specified in subdivision 9c, paragraph (d).
10.9    (d) For purposes of this subdivision, "interested person acting on behalf of the
10.10vulnerable adult" means a person designated in writing by the vulnerable adult to act
10.11on behalf of the vulnerable adult, or a legal guardian or conservator or other legal
10.12representative, a proxy or health care agent appointed under chapter 145B or 145C,
10.13or an individual who is related to the vulnerable adult, as defined in section 245A.02,
10.14subdivision 13 .
10.15    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on
10.16the basis of a determination of maltreatment, which was serious or recurring, and
10.17the individual has requested reconsideration of the maltreatment determination under
10.18paragraph (a) and reconsideration of the disqualification under sections 245C.21 to
10.19245C.27 , reconsideration of the maltreatment determination and requested reconsideration
10.20of the disqualification shall be consolidated into a single reconsideration. If reconsideration
10.21of the maltreatment determination is denied or if the disqualification is not set aside
10.22rescinded under sections 245C.21 to 245C.27, the individual may request a fair hearing
10.23under section 256.045. If an individual requests a fair hearing on the maltreatment
10.24determination and the disqualification, the scope of the fair hearing shall include both the
10.25maltreatment determination and the disqualification.
10.26    (f) If a maltreatment determination or a disqualification based on serious or recurring
10.27maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
10.28sanction under section 245A.07, the license holder has the right to a contested case hearing
10.29under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided
10.30for under section 245A.08, the scope of the contested case hearing must include the
10.31maltreatment determination, disqualification, and licensing sanction or denial of a license.
10.32In such cases, a fair hearing must not be conducted under section 256.045. Except for
10.33family child care and child foster care, reconsideration of a maltreatment determination
10.34under this subdivision, and reconsideration of a disqualification under section 245C.22,
10.35must not be conducted when:
11.1    (1) a denial of a license under section 245A.05, or a licensing sanction under section
11.2245A.07 , is based on a determination that the license holder is responsible for maltreatment
11.3or the disqualification of a license holder based on serious or recurring maltreatment;
11.4    (2) the denial of a license or licensing sanction is issued at the same time as the
11.5maltreatment determination or disqualification; and
11.6    (3) the license holder appeals the maltreatment determination or disqualification, and
11.7denial of a license or licensing sanction.
11.8    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
11.9determination or disqualification, but does not appeal the denial of a license or a licensing
11.10sanction, reconsideration of the maltreatment determination shall be conducted under
11.11sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
11.12disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
11.13shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
11.14626.557, subdivision 9d .
11.15    If the disqualified subject is an individual other than the license holder and upon
11.16whom a background study must be conducted under chapter 245C, the hearings of all
11.17parties may be consolidated into a single contested case hearing upon consent of all parties
11.18and the administrative law judge.
11.19    (g) Until August 1, 2002, an individual or facility that was determined by the
11.20commissioner of human services or the commissioner of health to be responsible for
11.21neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August
11.221, 2001, that believes that the finding of neglect does not meet an amended definition of
11.23neglect may request a reconsideration of the determination of neglect. The commissioner
11.24of human services or the commissioner of health shall mail a notice to the last known
11.25address of individuals who are eligible to seek this reconsideration. The request for
11.26reconsideration must state how the established findings no longer meet the elements of
11.27the definition of neglect. The commissioner shall review the request for reconsideration
11.28and make a determination within 15 calendar days. The commissioner's decision on this
11.29reconsideration is the final agency action.
11.30    (1) For purposes of compliance with the data destruction schedule under subdivision
11.3112b, paragraph (d), when a finding of substantiated maltreatment has been changed as
11.32a result of a reconsideration under this paragraph, the date of the original finding of a
11.33substantiated maltreatment must be used to calculate the destruction date.
11.34    (2) For purposes of any background studies under chapter 245C, when a
11.35determination of substantiated maltreatment has been changed as a result of a
11.36reconsideration under this paragraph, any prior disqualification of the individual under
12.1chapter 245C that was based on this determination of maltreatment shall be rescinded,
12.2and for future background studies under chapter 245C the commissioner must not use the
12.3previous determination of substantiated maltreatment as a basis for disqualification or as a
12.4basis for referring the individual's maltreatment history to a health-related licensing board
12.5under section 245C.31.

12.6ARTICLE 2

12.7PUBLIC SAFETY

12.8    Section 1. Minnesota Statutes 2009 Supplement, section 245C.24, subdivision 2, is
12.9amended to read:
12.10    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as otherwise
12.11provided in paragraph (b) this subdivision, the commissioner may not set aside the
12.12disqualification of any individual disqualified pursuant to this chapter, regardless of how
12.13much time has passed, if the individual was disqualified for a crime or conduct listed in
12.14section 245C.15, subdivision 1.
12.15    (b) For an individual in the chemical dependency or corrections field who was
12.16disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
12.17disqualification was set aside prior to July 1, 2005, the commissioner must consider
12.18granting a variance pursuant to section 245C.30 for the license holder for a program
12.19dealing primarily with adults. A request for reconsideration evaluated under this paragraph
12.20must include a letter of recommendation from the license holder that was subject to the
12.21prior set-aside decision addressing the individual's quality of care to children or vulnerable
12.22adults and the circumstances of the individual's departure from that service.
12.23(c) When a licensed foster care provider adopts an individual who had received
12.24foster care services from the provider for over six months, and the adopted individual is
12.25required to receive a background study under section 245C.03, subdivision 1, paragraph
12.26(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
12.27section 245C.30 to permit the adopted individual with a permanent disqualification
12.28to remain affiliated with the license holder under the conditions of the variance when
12.29the variance is recommended by the county of responsibility for each of the remaining
12.30individuals in placement in the home and the licensing agency for the home.
12.31(d) The commissioner shall consider granting a set aside under section 245C.22 or a
12.32variance under section 245C.30 to an individual who is now 21 years of age or older and
12.33who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1,
12.34occurring while the individual was under the age of 18. This paragraph does not apply to
13.1individuals who were convicted of the disqualifying crime following certification under
13.2section 260B.125.

13.3    Sec. 2. Minnesota Statutes 2008, section 609A.02, subdivision 2, is amended to read:
13.4    Subd. 2. Offenses committed by juveniles prosecuted as adults. A petition for
13.5the sealing of a conviction record any type of delinquency or criminal record relating to a
13.6juvenile matter may be filed under section 609A.03 by a person who has been committed
13.7to the custody of the commissioner of corrections upon conviction of a crime following
13.8certification to district court under section 260B.125, if the person successfully completed
13.9the terms of the person's disposition or sentence and who is no longer under correctional
13.10supervision for the offense, if:
13.11(1) is finally discharged by the commissioner; or the person received a disposition
13.12under section 260B.198, regardless of whether the person was adjudicated delinquent;
13.13(2) has been placed on probation by the court under section 609.135 and has been
13.14discharged from probation after satisfactory fulfillment of it the matter was designated
13.15an extended jurisdiction juvenile prosecution under section 260B.130 and the person's
13.16adult sentence was never executed;
13.17(3) the matter was designated an extended jurisdiction juvenile prosecution under
13.18section 260B.130 and the person's adult sentence was subsequently executed; or
13.19(4) the matter was certified for adult prosecution under section 260B.125.

13.20    Sec. 3. Minnesota Statutes 2008, section 609A.03, subdivision 1, is amended to read:
13.21    Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
13.22record who is seeking the expungement of the record shall file a petition under this section
13.23and pay a filing fee in the amount required under section 357.021, subdivision 2, clause
13.24(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
13.25described in section 609A.02, subdivision 2, clause (1) or (2), and subdivision 3.

13.26    Sec. 4. Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:
13.27    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
13.28oath by the petitioner and shall state the following:
13.29(1) the petitioner's full name and all other legal names or aliases by which the
13.30petitioner has been known at any time;
13.31(2) the petitioner's date of birth;
13.32(3) all of the petitioner's addresses from the date of the offense or alleged offense in
13.33connection with which an expungement order is sought, to the date of the petition;
14.1(4) why expungement is sought, if it is for employment or licensure purposes, the
14.2statutory or other legal authority under which it is sought, and why it should be granted;
14.3(5) the details of the offense or arrest for which expungement is sought, including
14.4the date and jurisdiction of the occurrence, either the names of any victims or that there
14.5were no identifiable victims, whether there is a current order for protection, restraining
14.6order, or other no contact order prohibiting the petitioner from contacting the victims or
14.7whether there has ever been a prior order for protection or restraining order prohibiting the
14.8petitioner from contacting the victims, the court file number, and the date of conviction
14.9or of dismissal;
14.10(6) in the case of a conviction or adjudication delinquency record, what steps the
14.11petitioner has taken since the time of the offense toward personal rehabilitation, including
14.12treatment, work, or other personal history that demonstrates rehabilitation;
14.13(7) petitioner's criminal conviction and adjudication delinquency record indicating
14.14all convictions and adjudication findings of delinquency for misdemeanors, gross
14.15misdemeanors, or felonies in this state, and for all comparable convictions and adjudication
14.16findings of delinquency in any other state, federal court, or foreign country, whether the
14.17convictions or adjudication findings of delinquency occurred before or after the arrest or,
14.18conviction, or adjudication finding of delinquency for which expungement is sought;
14.19(8) petitioner's criminal charges record indicating all prior and pending criminal
14.20charges against the petitioner in this state or another jurisdiction, including all criminal
14.21charges that have been continued for dismissal or stayed for adjudication, or have been the
14.22subject of pretrial diversion; and
14.23(9) all prior requests by the petitioner, whether for the present offense or for any
14.24other offenses, in this state or any other state or federal court, for pardon, return of arrest
14.25records, or expungement or sealing of a criminal record, whether granted or not, and all
14.26stays of adjudication or imposition of sentence involving the petitioner.
14.27(b) If there is a current order for protection, restraining order, or other no contact
14.28order prohibiting the petitioner from contacting the victims or there has ever been a prior
14.29order for protection or restraining order prohibiting the petitioner from contacting the
14.30victims, the petitioner shall attach a copy of the order to the petition.

14.31    Sec. 5. Minnesota Statutes 2008, section 609A.03, subdivision 4, is amended to read:
14.32    Subd. 4. Hearing. (a) A hearing on the petition shall be held no sooner than 60
14.33days after service of the petition. A victim of the offense for which expungement is
14.34sought has a right to submit an oral or written statement to the court at the time of the
14.35hearing describing the harm suffered by the victim as a result of the crime and the victim's
15.1recommendation on whether expungement should be granted or denied. The judge shall
15.2consider the victim's statement when making a decision.
15.3(b) The court shall exclude the general public from a hearing on a petition to
15.4expunge a record relating to a juvenile matter under section 609A.02, subdivision 2, and
15.5may admit only persons who the court determines have a direct interest in the case, unless
15.6the hearing on the underlying offense for which expungement is sought was open to the
15.7public under section 260B.163, subdivision 1, paragraph (c), or other law.

15.8    Sec. 6. Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:
15.9    Subd. 5. Nature of remedy; standard; firearms restriction. (a) Except as
15.10otherwise provided by paragraph (b) or (c), expungement of a criminal or delinquency
15.11record is an extraordinary remedy to be granted only upon clear and convincing evidence
15.12that it would yield a benefit to the petitioner commensurate with the disadvantages to
15.13the public and public safety of:
15.14(1) sealing the record; and
15.15(2) burdening the court and public authorities to issue, enforce, and monitor an
15.16expungement order.
15.17(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning
15.18for the sealing of a criminal or delinquency record under section 609A.02, subdivision
15.193 , the court shall grant the petition to seal the record unless the agency or jurisdiction
15.20whose records would be affected establishes by clear and convincing evidence that the
15.21interests of the public and public safety outweigh the disadvantages to the petitioner
15.22of not sealing the record.
15.23(c) If the petitioner is petitioning for the sealing of a criminal or delinquency record
15.24under section 609A.02, subdivision 2, clause (1) or (2), the court shall grant the petition
15.25to seal the record unless the agency or jurisdiction whose records would be affected
15.26establishes by clear and convincing evidence that the interests of the public and public
15.27safety outweigh the disadvantages to the petitioner of not sealing the record.
15.28(d) If the court issues an expungement order it may require that the criminal or
15.29delinquency record be sealed, the existence of the record not be revealed, and the record
15.30not be opened except as required under subdivision 7. Records must not be destroyed or
15.31returned to the subject of the record.

15.32    Sec. 7. Minnesota Statutes 2008, section 609A.03, subdivision 5a, is amended to read:
15.33    Subd. 5a. Order concerning crimes of violence. An order expunging the record
15.34of a conviction or adjudication delinquency record for a crime of violence as defined
16.1in section 624.712, subdivision 5, must provide that the person is not entitled to ship,
16.2transport, possess, or receive a firearm for the remainder of the person's lifetime. Any
16.3person whose record of conviction or adjudication delinquency record is expunged under
16.4this section and who thereafter receives a relief of disability under United States Code,
16.5title 18, section 925, or whose ability to possess firearms has been restored under section
16.6609.165, subdivision 1d , is not subject to the restriction in this subdivision.

16.7    Sec. 8. Minnesota Statutes 2008, section 609A.03, subdivision 7, is amended to read:
16.8    Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
16.9to a charge supported by probable cause, the DNA samples and DNA records held by
16.10the Bureau of Criminal Apprehension and collected under authority other than section
16.11299C.105 , shall not be sealed, returned to the subject of the record, or destroyed.
16.12(b) Notwithstanding the issuance of an expungement order:
16.13(1) an expunged record may be opened for purposes of a criminal investigation,
16.14prosecution, or sentencing, upon an ex parte court order;
16.15(2) an expunged record of a conviction or adjudication delinquency proceeding may
16.16be opened for purposes of evaluating a prospective employee in a criminal justice agency
16.17without a court order; and
16.18(3) an expunged record of a conviction or adjudication delinquency proceeding may
16.19be opened for purposes of a background study under section 245C.08 unless the court
16.20order for expungement is directed specifically to the commissioner of human services.
16.21Upon request by law enforcement, prosecution, or corrections authorities, an agency
16.22or jurisdiction subject to an expungement order shall inform the requester of the existence
16.23of a sealed record and of the right to obtain access to it as provided by this paragraph. For
16.24purposes of this section, a "criminal justice agency" means courts or a government agency
16.25that performs the administration of criminal justice under statutory authority.