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SF 398

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to human services; modifying requirements for legal parent to petition for
reestablishment of the legal parent and child relationship; prohibiting
disqualification of individuals subject to human services background studies with
expunged criminal records; amending Minnesota Statutes 2020, sections 245C.14,
subdivisions 1, 2; 245C.15, by adding a subdivision; 245C.22, by adding a
subdivision; 245C.24, by adding a subdivision; 260C.329, subdivisions 3, 7, 8.

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

Section 1.

Minnesota Statutes 2020, section 245C.14, subdivision 1, is amended to read:


Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position allowing
direct contact with persons receiving services from the license holder or entity identified in
section 245C.03, upon receipt of information showing, or when a background study
completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
persons served by a program or entity identified in section 245C.03, unless the commissioner
has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program or
entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.

new text begin (c) The commissioner shall not disqualify an individual under this subdivision based on
(1) a record of conviction that was expunged under chapter 609A in an expungement order
that directed the Department of Human Services to seal records related to the expungement,
or (2) any underlying fact or element from an expunged record of an arrest, criminal charge,
or conviction when an expungement order directed the Department of Human Services to
seal records related to the expungement. Nothing in this paragraph prohibits the commissioner
from disqualifying an individual based upon a separate administrative determination under
section 245C.15, subdivision 4, paragraph (b), unless there is a court order directed to the
Department of Human Services to expunge an administrative order.
 new text end

Sec. 2.

Minnesota Statutes 2020, section 245C.14, subdivision 2, is amended to read:


Subd. 2.

Disqualification from access.

(a) If an individual who is studied under section
245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), is disqualified from direct
contact under subdivision 1, the commissioner shall also disqualify the individual from
access to a person receiving services from the license holder.

(b) No individual who is disqualified following a background study under section
245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), or as provided elsewhere
in statute who is disqualified as a result of this section, may be allowed access to persons
served by the program unless the commissioner has provided written notice under section
245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that licensed
program or entity identified in section 245C.03 as provided in section 245C.22, subdivision
4; or

(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.

new text begin (c) The commissioner shall not disqualify an individual under this subdivision based on
(1) a record of conviction that was expunged under chapter 609A in an expungement order
that directed the Department of Human Services to seal records related to the expungement,
or (2) any underlying fact or element from an expunged record of an arrest, criminal charge,
or conviction when an expungement order directed the Department of Human Services to
seal records related to the expungement. Nothing in this paragraph prohibits the commissioner
from disqualifying an individual based upon a separate administrative determination under
section 245C.15, subdivision 4, paragraph (b), unless there is a court order directed to the
Department of Human Services to expunge an administrative order.
 new text end

Sec. 3.

Minnesota Statutes 2020, section 245C.15, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Expunged criminal records. new text end

new text begin The commissioner shall not disqualify an
individual subject to a background study under this chapter based on (1) a record of
conviction that was expunged under chapter 609A and the order was directed specifically
to the commissioner, or (2) any underlying fact or element from an expunged record of an
arrest, criminal charge, or conviction and the order was directed specifically to the
commissioner. Nothing in this subdivision prohibits the commissioner from disqualifying
an individual based upon a separate administrative determination under section 245C.15,
subdivision 4, paragraph (b), unless there is a court order directed specifically to the
commissioner to expunge an administrative order.
 new text end

Sec. 4.

Minnesota Statutes 2020, section 245C.22, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Expunged records. new text end

new text begin This section does not apply if the subject of a background
study has a conviction that was expunged under chapter 609A in an expungement order that
directed the Department of Human Services to seal records related to the expungement, or
any underlying fact or element from an expunged record of an arrest, criminal charge, or
conviction when an expungement order directed the Department of Human Services to seal
records related to the expungement. Nothing in this subdivision prohibits the commissioner
from disqualifying an individual based upon a separate administrative determination under
section 245C.15, subdivision 4, paragraph (b), unless there is a court order directed to the
Department of Human Services to expunge an administrative order.
 new text end

Sec. 5.

Minnesota Statutes 2020, section 245C.24, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Expunged criminal records. new text end

new text begin The commissioner shall not disqualify an
individual subject to a background study under this chapter based on (1) a record of
conviction that was expunged under chapter 609A in an expungement order that directed
the Department of Human Services to seal records related to the expungement, or (2) any
underlying fact or element from an expunged record of an arrest, criminal charge, or
conviction when an expungement order directed the Department of Human Services to seal
records related to the expungement. Nothing in this subdivision prohibits the commissioner
from disqualifying an individual based upon a separate administrative determination under
section 245C.15, subdivision 4, paragraph (b), unless there is a court order directed to the
Department of Human Services to expunge an administrative order.
 new text end

Sec. 6.

Minnesota Statutes 2020, section 260C.329, subdivision 3, is amended to read:


Subd. 3.

Petition.

deleted text begin The county attorney ordeleted text end Anew text begin legalnew text end parent whose parental rights were
terminated under a previous order of the court may file a petition for the reestablishment
of the legal parent and child relationship. A parent filing a petition under this section shall
pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
filing fee may be waived pursuant to chapter 563. A petition for the reestablishment of the
legal parent and child relationship may be filed when:

(1) deleted text begin in cases where the county attorney is the petitioning party, both the responsible social
services agency and the county attorney agree thatdeleted text end reestablishment of the legal parent and
child relationship is in the child's best interests;

(2) the parent has corrected the conditions that led to an order terminating parental rights;

(3) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

(4) the child has been in foster care for at least deleted text begin 48deleted text end new text begin 24new text end months after the court issued the
order terminating parental rights;

(5) the child has not been adopted; and

(6) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 7.

Minnesota Statutes 2020, section 260C.329, subdivision 7, is amended to read:


Subd. 7.

Service of petition on the parties.

The petition for the reestablishment of the
legal parent and child relationship and notice of hearing on the petition must be served on:

(1) the child;

deleted text begin (2) in cases where the county attorney is the petitioning party, the parent whose rights
have been terminated and with whom the legal parent and child relationship is proposed to
be reestablished;
 deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end the county attorney;

deleted text begin (4)deleted text end new text begin (3)new text end the responsible social services agency;

deleted text begin (5)deleted text end new text begin (4)new text end the child's guardian ad litem; and

deleted text begin (6)deleted text end new text begin (5)new text end the child's tribe if the child is subject to the Indian Child Welfare Act.

Sec. 8.

Minnesota Statutes 2020, section 260C.329, subdivision 8, is amended to read:


Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

(2) the child has not been adopted;

(3) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

(4) at least deleted text begin 48deleted text end new text begin 24new text end months have elapsed following a final order terminating parental rights
and the child remains in foster care;

(5) the child desires to reside with the parent;

(6) the parent has corrected the conditions that led to an order terminating parental rights;
and

(7) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.