SF 44

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; making changes to
licensing provisions and background studies; changing
provisions for state-operated services in access to
data, records retention, sharing information, and
assisting patients required to register as a predatory
offender in completing registration forms; adding a
notification provision for certain patients released
on pass; adding a provision to abuse prevention plans;
making changes to family child care and child care
center provisions; amending Minnesota Statutes 2004,
sections 13.46, subdivision 4; 243.166, subdivision 7;
245A.02, subdivision 17; 245A.03, subdivisions 2, 3;
245A.035, subdivision 5; 245A.04, subdivisions 7, 13;
245A.06, by adding a subdivision; 245A.07,
subdivisions 1, 3, by adding a subdivision; 245A.08,
subdivisions 2a, 5; 245A.14, by adding subdivisions;
245A.144; 245A.16, subdivisions 1, 4; 245A.18;
245B.02, subdivision 10; 245B.055, subdivision 7;
245B.07, subdivision 8; 245C.03, subdivision 1;
245C.07; 245C.08, subdivisions 1, 2; 245C.15,
subdivisions 1, 2, 3, 4; 245C.17, subdivision 2;
245C.21, subdivision 2; 245C.22, subdivisions 3, 4;
245C.24, subdivisions 2, 3; 245C.27, subdivision 1;
245C.28, subdivision 3; 245C.30, subdivision 2;
246.13; 253B.18, subdivision 4a; 260B.163, subdivision
6; 260C.163, subdivision 5; 299C.093; 518.165, by
adding subdivisions; 609A.03, subdivision 7; 626.556,
subdivision 10i; 626.557, subdivisions 9d, 14;
proposing coding for new law in Minnesota Statutes,
chapter 245C; repealing Minnesota Statutes 2004,
section 246.017, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 13.46,
subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained,
used, or disseminated by the welfare system pertaining to
persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under
the authority of the commissioner of human services;

(2) "client" means a person who is receiving services from
a licensee or from an applicant for licensure; and

(3) "personal and personal financial data" means Social
Security numbers, identity of and letters of reference,
insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home
studies.

(b)(1) Except as provided in paragraph (c), the following
data on current and former licensees are public: name, address,
telephone number of licensees, date of receipt of a completed
application, dates of licensure, licensed capacity, type of
client preferred, variances granted, type of dwelling, name and
relationship of other family members, previous license history,
class of license, and the existence and status of complaints.
When a correction order or fine has been issued, a license is
suspended, immediately suspended, revoked, denied, or made
conditional, or a complaint is resolved, the following data on
current and former licensees are public: the substance and
investigative findings of the complaint, licensing violation, or
substantiated maltreatment; the record of informal resolution of
a licensing violation; orders of hearing; findings of fact;
conclusions of law; specifications of the final correction
order, fine, suspension, immediate suspension, revocation,
denial, or conditional license contained in the record of
licensing action; and the status of any appeal of these
actions. When an individual licensee is a substantiated
perpetrator of maltreatment, and the substantiated maltreatment
is a reason for the licensing action, the identity of the
licensee as a perpetrator is public data. For purposes of this
clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section
626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
or an individual or facility has not timely exercised appeal
rights under these sections.

(2) For applicants who withdraw their application prior to
licensure or denial of a license, the following data are
public: the name of the applicant, the city and county in which
the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed
application, the type of license sought, and the date of
withdrawal of the application.

(3) For applicants who are denied a license, the following
data are public: the name of the applicant, the city and county
in which the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of
the application, the nature of the basis for the denial, and the
status of any appeal of the denial.

(4) The following data on persons subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the
reasons for setting aside the disqualification; and the reasons
for granting any variance under section 245A.04, subdivision 9.

(5) When maltreatment is substantiated under section
626.556 or 626.557 and the victim and the substantiated
perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services
agency, or county welfare agency may inform the license holder
where the maltreatment occurred of the identity of the
substantiated perpetrator and the victim.

(c) The following are private data on individuals under
section 13.02, subdivision 12, or nonpublic data under section
13.02, subdivision 9: personal and personal financial data on
family day care program and family foster care program
applicants and licensees and their family members who provide
services under the license.

(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees
or applicants that appear in inactive investigative data, and
the records of clients or employees of the licensee or applicant
for licensure whose records are received by the licensing agency
for purposes of review or in anticipation of a contested
matter. The names of reporters under sections 626.556 and
626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if
submitted to a court or administrative law judge as part of a
disciplinary proceeding in which there is a public hearing
concerning a license which has been suspended, immediately
suspended, revoked, or denied.

(f) Data generated in the course of licensing
investigations that relate to an alleged violation of law are
investigative data under subdivision 3.

(g) Data that are not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the
destruction provisions of sections 626.556, subdivision 11c, and
626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the
Department of Health for purposes of completing background
studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies
pursuant to section 241.021.

(i) Data on individuals collected according to licensing
activities under chapters 245A and 245C, and data on individuals
collected by the commissioner of human services according to
maltreatment investigations under sections 626.556 and 626.557,
may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the
Ombudsman for Mental Health and Retardation, and the
individual's professional regulatory board when there is reason
to believe that laws or standards under the jurisdiction of
those agencies may have been violated.

(j) In addition to the notice of determinations required
under section 626.556, subdivision 10f, if the commissioner or
the local social services agency has determined that an
individual is a substantiated perpetrator of maltreatment of a
child based on sexual abuse, as defined in section 626.556,
subdivision 2, and the commissioner or local social services
agency knows that the individual is a person responsible for a
child's care in another facility, the commissioner or local
social services agency shall notify the head of that facility of
this determination. The notification must include an
explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this
paragraph, the government entity making the notification shall
provide a copy of the notice to the individual who is the
subject of the notice.

new text begin (k) All not public data collected, maintained, used, or
disseminated under this subdivision and subdivision 3 may be
exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services
and the Department of Corrections have regulatory authority.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.166,
subdivision 7, is amended to read:

Subd. 7.

Use of deleted text begin information deleted text end new text begin data new text end .

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
deleted text begin information deleted text end new text begin data new text end provided under this section is private data on
individuals under section 13.02, subdivision 12. The
deleted text begin information deleted text end new text begin data new text end may be used only for law enforcement new text begin and
corrections new text end purposes. new text begin State-operated services, as defined in
section 246.014, is also authorized to have access to the data
for the purposes described in section 246.13, subdivision 2,
paragraph (b).
new text end

Sec. 3.

Minnesota Statutes 2004, section 245A.02,
subdivision 17, is amended to read:

Subd. 17.

School age child care program.

"School age
child care program" means a program licensed or required to be
licensed as a child care center, serving more than ten children
with the primary purpose of providing child care for school age
children. deleted text begin School age child care program does not include
programs such as scouting, boys clubs, girls clubs, nor sports
or art programs.
deleted text end

Sec. 4.

Minnesota Statutes 2004, section 245A.03,
subdivision 2, is amended to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does
not apply to:

(1) residential or nonresidential programs that are
provided to a person by an individual who is related unless the
residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency,
except as provided in subdivision 2a;

(2) nonresidential programs that are provided by an
unrelated individual to persons from a single related family;

(3) residential or nonresidential programs that are
provided to adults who do not abuse chemicals or who do not have
a chemical dependency, a mental illness, mental retardation or a
related condition, a functional impairment, or a physical
handicap;

(4) sheltered workshops or work activity programs that are
certified by the commissioner of economic security;

(5) programs operated by a public school for children 33
months or older;

(6) nonresidential programs primarily for children that
provide care or supervision for periods of less than three hours
a day while the child's parent or legal guardian is in the same
building as the nonresidential program or present within another
building that is directly contiguous to the building in which
the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner
of health except as specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner
of health that provide services for five or more persons whose
primary diagnosis is mental illness that do not provide
intensive residential treatment;

(9) homes providing programs for persons placed there by a
licensed agency for legal adoption, unless the adoption is not
completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are
operated or approved by a park and recreation board whose
primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section
120A.22, subdivision 4, whose primary purpose is to provide
child care to school-age children;

(13) Head Start nonresidential programs which operate for
less than deleted text begin 31 deleted text end new text begin 45 new text end days in each calendar year;

(14) noncertified boarding care homes unless they provide
services for five or more persons whose primary diagnosis is
mental illness or mental retardation;

(15) new text begin programs for children such as scouting, boys clubs,
girls clubs, and sports and art programs, and new text end nonresidential
programs for children provided for a cumulative total of less
than 30 days in any 12-month period;

(16) residential programs for persons with mental illness,
that are located in hospitals;

(17) the religious instruction of school-age children;
Sabbath or Sunday schools; or the congregate care of children by
a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its
regular worship;

(18) camps licensed by the commissioner of health under
Minnesota Rules, chapter 4630;

(19) mental health outpatient services for adults with
mental illness or children with emotional disturbance;

(20) residential programs serving school-age children whose
sole purpose is cultural or educational exchange, until the
commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite
care services to persons with mental retardation or related
conditions from a single related family for no more than 90 days
in a 12-month period and the respite care services are for the
temporary relief of the person's family or legal representative;

(22) respite care services provided as a home and
community-based service to a person with mental retardation or a
related condition, in the person's primary residence;

(23) community support services programs as defined in
section 245.462, subdivision 6, and family community support
services as defined in section 245.4871, subdivision 17;

(24) the placement of a child by a birth parent or legal
guardian in a preadoptive home for purposes of adoption as
authorized by section 259.47;

(25) settings registered under chapter 144D which provide
home care services licensed by the commissioner of health to
fewer than seven adults; or

(26) consumer-directed community support service funded
under the Medicaid waiver for persons with mental retardation
and related conditions when the individual who provided the
service is:

(i) the same individual who is the direct payee of these
specific waiver funds or paid by a fiscal agent, fiscal
intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or
nonresidential program that is required to be licensed under
this chapter when providing the service.

(b) For purposes of paragraph (a), clause (6), a building
is directly contiguous to a building in which a nonresidential
program is located if it shares a common wall with the building
in which the nonresidential program is located or is attached to
that building by skyway, tunnel, atrium, or common roof.

(c) Nothing in this chapter shall be construed to require
licensure for any services provided and funded according to an
approved federal waiver plan where licensure is specifically
identified as not being a condition for the services and funding.

Sec. 5.

Minnesota Statutes 2004, section 245A.03,
subdivision 3, is amended to read:

Subd. 3.

Unlicensed programs.

(a) It is a misdemeanor
for an individual, corporation, partnership, voluntary
association, other organization, or a controlling individual to
provide a residential or nonresidential program without a
license and in willful disregard of this chapter unless the
program is excluded from licensure under subdivision 2.

(b) The commissioner may ask the appropriate county
attorney or the attorney general to begin proceedings to secure
a court order against the continued operation of the program, if
an individual, corporation, partnership, voluntary association,
other organization, or controlling individual has:

(1) failed to apply for a license after receiving notice
that a license is required new text begin or continues to operate without a
license after receiving notice that a license is required new text end ;

(2) continued to operate without a license after the
license has been revoked or suspended under section 245A.07, and
the commissioner has issued a final order affirming the
revocation or suspension, or the license holder did not timely
appeal the sanction; or

(3) continued to operate without a license after the
license has been temporarily suspended under section 245A.07.

The county attorney and the attorney general have a duty to
cooperate with the commissioner.

Sec. 6.

Minnesota Statutes 2004, section 245A.035,
subdivision 5, is amended to read:

Subd. 5.

Child foster care license application.

new text begin (a) new text end The
emergency license holder shall complete the child foster care
license application and necessary paperwork within ten days of
the placement. The county agency shall assist the emergency
license holder to complete the application. The granting of a
child foster care license to a relative shall be under the
procedures in this chapter and according to the standards set
forth by foster care rule. In licensing a relative, the
commissioner shall consider the importance of maintaining the
child's relationship with relatives as an additional significant
factor in determining whether to set aside a licensing
disqualifier under section 245C.22, or to grant a variance of
licensing requirements under sections 245C.21 to 245C.27.

new text begin (b) When the county or private child placing agency is
processing an application for child foster care licensure of a
relative as defined in sections 260B.007, subdivision 12, or
260C.007, subdivision 27, the county agency or child placing
agency must explain the licensing process to the prospective
licensee, including the background study process and the
procedure for reconsideration of an initial disqualification for
licensure. The county or private child placing agency must also
provide the prospective relative licensee with information
regarding appropriate options for legal representation in the
pertinent geographic area. If a relative is initially
disqualified under section 245C.14, the county or child-placing
agency must provide written notice of the reasons for the
disqualification and the right to request a reconsideration by
the commissioner as required under section 245C.17.
new text end

new text begin (c) The commissioner shall maintain licensing data so that
activities related to applications and licensing actions for
relative foster care providers may be distinguished from other
child foster care settings.
new text end

Sec. 7.

Minnesota Statutes 2004, section 245A.04,
subdivision 7, is amended to read:

Subd. 7.

Issuance of a license; extension of a license.

(a) If the commissioner determines that the program complies
with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive
services from the program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a
period not to exceed two years if:

(1) the commissioner is unable to conduct the evaluation or
observation required by subdivision 4, paragraph (a), clauses (3)
and (4), because the program is not yet operational;

(2) certain records and documents are not available because
persons are not yet receiving services from the program; and

(3) the applicant complies with applicable laws and rules
in all other respects.

(c) A decision by the commissioner to issue a license does
not guarantee that any person or persons will be placed or cared
for in the licensed program. A license shall not be
transferable to another individual, corporation, partnership,
voluntary association, other organization, or controlling or to
another location.

(d) A license holder must notify the commissioner and
obtain the commissioner's approval before making any changes
that would alter the license information listed under paragraph
(a).

(e) The commissioner shall not issue a license if the
applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set
aside;

(2) has been denied a license within the past two years; or

(3) had a license revoked within the past five years.

new text begin (f) The commissioner shall not issue a license if an
individual living in the household where the licensed services
will be provided as specified under section 245C.03, subdivision
1, has been disqualified and the disqualification has not been
set aside.
new text end

For purposes of reimbursement for meals only, under the
Child and Adult Care Food Program, Code of Federal Regulations,
title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care
provider, shall be considered an extension of the license for a
period of no more than 30 calendar days or until the new license
is issued, whichever occurs first, provided the county agency
has determined the family day care provider meets licensure
requirements at the new location.

Unless otherwise specified by statute, all licenses expire
at 12:01 a.m. on the day after the expiration date stated on the
license. A license holder must apply for and be granted a new
license to operate the program or the program must not be
operated after the expiration date.

Sec. 8.

Minnesota Statutes 2004, section 245A.04,
subdivision 13, is amended to read:

Subd. 13.

deleted text begin residential programs deleted text end handling deleted text begin resident deleted text end funds
and property; additional requirements.

(a) A license holder
must ensure that deleted text begin residents deleted text end new text begin persons served by the program new text end retain
the use and availability of personal funds or property unless
restrictions are justified in the deleted text begin resident's deleted text end new text begin person's new text end individual
plan. new text begin This subdivision does not apply to programs governed by
the provisions in section 245B.07, subdivision 10.
new text end

(b) The license holder must ensure separation of deleted text begin resident
deleted text end funds new text begin of persons served by the program new text end from funds of the license
holder, the deleted text begin residential deleted text end program, or program staff.

(c) Whenever the license holder assists a deleted text begin resident deleted text end new text begin person
served by the program new text end with the safekeeping of funds or other
property, the license holder must:

(1) immediately document receipt and disbursement of the
deleted text begin resident's deleted text end new text begin person's new text end funds or other property at the time of
receipt or disbursement, including the new text begin person's new text end signature deleted text begin of the
resident deleted text end , new text begin or the signature of the new text end conservator deleted text begin , deleted text end or payee; new text begin and
new text end

(2) deleted text begin provide a statement, at least quarterly, itemizing
receipts and disbursements of resident funds or other property;
and
deleted text end

deleted text begin (3) deleted text end return to the deleted text begin resident deleted text end new text begin person new text end upon the
deleted text begin resident's deleted text end new text begin person's new text end request, funds and property in the license
holder's possession subject to restrictions in the deleted text begin resident's
deleted text end new text begin person's new text end treatment plan, as soon as possible, but no later than
three working days after the date of request.

(d) License holders and program staff must not:

(1) borrow money from a deleted text begin resident deleted text end new text begin person served by the
program new text end ;

(2) purchase personal items from a deleted text begin resident deleted text end new text begin person served
by the program new text end ;

(3) sell merchandise or personal services to a deleted text begin resident
deleted text end new text begin person served by the program new text end ;

(4) require a deleted text begin resident deleted text end new text begin person served by the program new text end to
purchase items for which the license holder is eligible for
reimbursement; or

(5) use deleted text begin resident deleted text end funds new text begin of persons served by the program new text end to
purchase items for which the facility is already receiving
public or private payments.

Sec. 9.

Minnesota Statutes 2004, section 245A.06, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Family child care and child care centers posting
of order. new text end

new text begin For licensed family child care providers and child
care centers, upon receipt of any correction order or order of
conditional license issued by the commissioner under this
section, and notwithstanding a pending request for
reconsideration of the correction order or order of conditional
license by the license holder, the license holder shall post the
correction order or order of conditional license in a place that
is conspicuous to the people receiving services and all visitors
to the facility for two years. When the correction order or
order of conditional license is accompanied by a maltreatment
investigation memorandum prepared under section 626.556 or
626.557, the investigation memoranda must be posted with the
correction order or order of conditional license.
new text end

Sec. 10.

Minnesota Statutes 2004, section 245A.07,
subdivision 1, is amended to read:

Subdivision 1.

Sanctions available new text begin ; appeals; temporary
provisional license new text end .

new text begin (a) new text end In addition to making a license
conditional under section 245A.06, the commissioner may propose
to suspend or revoke the license, impose a fine, or secure an
injunction against the continuing operation of the program of a
license holder who does not comply with applicable law or rule.
When applying sanctions authorized under this section, the
commissioner shall consider the nature, chronicity, or severity
of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the
program.

new text begin (b) If a license holder appeals the suspension or
revocation of a license and the license holder continues to
operate the program pending a final order on the appeal, and the
license expires during this time period, the commissioner shall
issue the license holder a temporary provisional license. The
temporary provisional license is effective on the date issued
and expires on the date that a final order is issued. Unless
otherwise specified by the commissioner, variances in effect on
the date of the license sanction under appeal continue under the
temporary provisional license. If a license holder fails to
comply with applicable law or rule while operating under a
temporary provisional license, the commissioner may impose
sanctions under this section and section 245A.06, and may
terminate any prior variance. If the license holder prevails on
the appeal and the effective period of the previous license has
expired, a new license shall be issued to the license holder
upon payment of any fee required under section 245A.10. The
effective date of the new license shall be retroactive to the
date the license would have shown had no sanction been
initiated. The expiration date shall be the expiration date of
that license had no license sanction been initiated.
new text end

new text begin (c) If a license holder is under investigation and the
license is due to expire before completion of the investigation,
the program shall be issued a new license upon completion of the
reapplication requirements. Upon completion of the
investigation, a licensing sanction may be imposed against the
new license under this section, section 245A.06, or 245A.08.
new text end

new text begin (d) Failure to reapply or closure of a license by the
license holder prior to the completion of any investigation
shall not preclude the commissioner from issuing a licensing
sanction under this section, section 245A.06, or 245A.08 at the
conclusion of the investigation.
new text end

Sec. 11.

Minnesota Statutes 2004, section 245A.07,
subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

new text begin (a)
new text end The commissioner may suspend or revoke a license, or impose a
fine if a license holder fails to comply fully with applicable
laws or rules, new text begin if a license holder or an individual living in
the household where the licensed services are provided new text end has a
disqualification which has not been set aside under section
245C.22, or new text begin if a license holder new text end knowingly withholds relevant
information from or gives false or misleading information to the
commissioner in connection with an application for a license, in
connection with the background study status of an individual, or
during an investigation. A license holder who has had a license
suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal
service. If mailed, the notice must be mailed to the address
shown on the application or the last known address of the
license holder. The notice must state the reasons the license
was suspended, revoked, or a fine was ordered.

deleted text begin (a) deleted text end new text begin (b) new text end If the license was suspended or revoked, the notice
must inform the license holder of the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612. The license holder may appeal an order suspending or
revoking a license. The appeal of an order suspending or
revoking a license must be made in writing by certified mail or
personal service. If mailed, the appeal must be postmarked and
sent to the commissioner within ten calendar days after the
license holder receives notice that the license has been
suspended or revoked. If a request is made by personal service,
it must be received by the commissioner within ten calendar days
after the license holder received the order. Except as provided
in subdivision 2a, paragraph (c), a timely appeal of an order
suspending or revoking a license shall stay the suspension or
revocation until the commissioner issues a final order.

deleted text begin (b) deleted text end new text begin (c) new text end (1) If the license holder was ordered to pay a fine,
the notice must inform the license holder of the responsibility
for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612. The appeal of an order to pay a fine must be made in
writing by certified mail or personal service. If mailed, the
appeal must be postmarked and sent to the commissioner within
ten calendar days after the license holder receives notice that
the fine has been ordered. If a request is made by personal
service, it must be received by the commissioner within ten
calendar days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or
before the payment date specified. If the license holder fails
to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder
complies. If the license holder receives state funds, the
state, county, or municipal agencies or departments responsible
for administering the funds shall withhold payments and recover
any payments made while the license is suspended for failure to
pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner
of human services, in writing, when a violation specified in the
order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected
as indicated by the order to forfeit a fine, the commissioner
may issue a second fine. The commissioner shall notify the
license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal
the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows: the license holder
shall forfeit $1,000 for each determination of maltreatment of a
child under section 626.556 or the maltreatment of a vulnerable
adult under section 626.557; the license holder shall forfeit
$200 for each occurrence of a violation of law or rule governing
matters of health, safety, or supervision, including but not
limited to the provision of adequate staff-to-child or adult
ratios, and failure to submit a background study; and the
license holder shall forfeit $100 for each occurrence of a
violation of law or rule other than those subject to a $1,000 or
$200 fine above. For purposes of this section, "occurrence"
means each violation identified in the commissioner's fine order.

(5) When a fine has been assessed, the license holder may
not avoid payment by closing, selling, or otherwise transferring
the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the
case of a corporation, each controlling individual is personally
and jointly liable for payment.

Sec. 12.

Minnesota Statutes 2004, section 245A.07, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Family child care and child care centers posting
of order. new text end

new text begin For licensed family child care providers and child
care centers, upon receipt of any order of license suspension,
temporary immediate suspension, fine, or revocation issued by
the commissioner under this section, and notwithstanding a
pending appeal of the order of license suspension, temporary
immediate suspension, fine, or revocation by the license holder,
the license holder shall post the order of license suspension,
temporary immediate suspension, fine, or revocation in a place
that is conspicuous to the people receiving services and all
visitors to the facility for two years. When the order of
license suspension, temporary immediate suspension, fine, or
revocation is accompanied by a maltreatment investigation
memorandum prepared under section 626.556 or 626.557, the
investigation memoranda must be posted with the order of license
suspension, temporary immediate suspension, fine, or revocation.
new text end

Sec. 13.

Minnesota Statutes 2004, section 245A.08,
subdivision 2a, is amended to read:

Subd. 2a.

Consolidated contested case hearings for
sanctions based on maltreatment determinations and
disqualifications.

(a) When a denial of a license under section
245A.05 or a licensing sanction under section 245A.07,
subdivision 3, is based on a disqualification for which
reconsideration was requested and which was not set aside under
section 245C.22, the scope of the contested case hearing shall
include the disqualification and the licensing sanction or
denial of a license. When the licensing sanction or denial of a
license is based on a determination of maltreatment under
section 626.556 or 626.557, or a disqualification for serious or
recurring maltreatment which was not set aside, the scope of the
contested case hearing shall include the maltreatment
determination, disqualification, and the licensing sanction or
denial of a license. In such cases, a fair hearing under
section 256.045 shall not be conducted as provided for in
sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
new text begin When a fine is based on a determination that the license holder
is responsible for maltreatment and the fine is issued at the
same time as the maltreatment determination, if the license
holder appeals the maltreatment and fine, the scope of the
contested case hearing shall include the maltreatment
determination and fine and reconsideration of the maltreatment
determination shall not be conducted as provided for in sections
626.556, subdivision 10i, and 626.557, subdivision 9d.
new text end

(b) In consolidated contested case hearings regarding
sanctions issued in family child care, child foster care, new text begin family
adult day services, new text end and adult foster care, the county attorney
shall defend the commissioner's orders in accordance with
section 245A.16, subdivision 4.

(c) The commissioner's final order under subdivision 5 is
the final agency action on the issue of maltreatment and
disqualification, including for purposes of subsequent
background studies under chapter 245C and is the only
administrative appeal of the final agency determination,
specifically, including a challenge to the accuracy and
completeness of data under section 13.04.

(d) When consolidated hearings under this subdivision
involve a licensing sanction based on a previous maltreatment
determination for which the commissioner has issued a final
order in an appeal of that determination under section 256.045,
or the individual failed to exercise the right to appeal the
previous maltreatment determination under section 626.556,
subdivision 10i, or 626.557, subdivision 9d, the commissioner's
order is conclusive on the issue of maltreatment. In such
cases, the scope of the administrative law judge's review shall
be limited to the disqualification and the licensing sanction or
denial of a license. In the case of a denial of a license or a
licensing sanction issued to a facility based on a maltreatment
determination regarding an individual who is not the license
holder or a household member, the scope of the administrative
law judge's review includes the maltreatment determination.

(e) If a maltreatment determination or disqualification,
which was not set aside under section 245C.22, is the basis for
a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, and the disqualified subject is
an individual other than the license holder and upon whom a
background study must be conducted under section 245C.03, the
hearings of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the
administrative law judge.

new text begin (f) Notwithstanding section 245C.27, subdivision 1,
paragraph (c), when a denial of a license under section 245A.05
or a licensing sanction under section 245A.07 is based on a
disqualification for which reconsideration was requested and was
not set aside under section 245C.22, and the disqualification
was based on a conviction or an admission to any crimes listed
in section 245C.15, the scope of the administrative law judge's
review shall include the denial or sanction and a determination
whether the disqualification should be set aside. In
determining whether the disqualification should be set aside,
the administrative law judge shall consider the factors under
section 245C.22, subdivision 4, to determine whether the
individual poses a risk of harm to any person receiving services
from the license holder.
new text end

new text begin (g) Notwithstanding section 245C.30, subdivision 5, when a
licensing sanction under section 245A.07 is based on the
termination of a variance under section 245C.30, subdivision 4,
the scope of the administrative law judge's review shall include
the sanction and a determination whether the disqualification
should be set aside. In determining whether the
disqualification should be set aside, the administrative law
judge shall consider the factors under section 245C.22,
subdivision 4, to determine whether the individual poses a risk
of harm to any person receiving services from the license holder.
new text end

Sec. 14.

Minnesota Statutes 2004, section 245A.08,
subdivision 5, is amended to read:

Subd. 5.

Notice of the commissioner's final order.

After
considering the findings of fact, conclusions, and
recommendations of the administrative law judge, the
commissioner shall issue a final order. The commissioner shall
consider, but shall not be bound by, the recommendations of the
administrative law judge. The appellant must be notified of the
commissioner's final order as required by chapter 14 and
Minnesota Rules, parts 1400.8505 to 1400.8612. The notice must
also contain information about the appellant's rights under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
The institution of proceedings for judicial review of the
commissioner's final order shall not stay the enforcement of the
final order except as provided in section 14.65.

new text begin Subd. 5a. new text end

new text begin Effect of final order on granting a subsequent
license. new text end

new text begin (a) new text end A license holder and each controlling individual
of a license holder whose license has been revoked because of
noncompliance with applicable law or rule must not be granted a
license for five years following the
revocation. new text begin Notwithstanding the five-year restriction, when a
license is revoked because a person, other than the license
holder, resides in the home where services are provided and that
person has a disqualification that is not set aside and no
variance has been granted, the former license holder may reapply
for a license when:
new text end

new text begin (1) the person with a disqualification, who is not a minor
child, is no longer residing in the home and is prohibited from
residing in or returning to the home; or
new text end

new text begin (2) the person with the disqualification is a minor child,
the restriction applies until the minor child becomes an adult
and permanently moves away from the home or five years,
whichever is less.
new text end

new text begin (b) new text end An applicant whose application was denied must not be
granted a license for two years following a denial, unless the
applicant's subsequent application contains new information
which constitutes a substantial change in the conditions that
caused the previous denial.

Sec. 15.

Minnesota Statutes 2004, section 245A.14, is
amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin First aid training requirements for staff in
child care centers and family child care. new text end

new text begin Notwithstanding
Minnesota Rules, part 9503.0035, subpart 2, when children are
present in a family child care home governed by Minnesota Rules,
parts 9502.0315 to 9502.0445, or a child care center governed by
Minnesota Rules, parts 9503.0005 to 9503.0170, at least one
staff person must be present in the center or home who has been
trained in first aid. The first aid training must have been
provided by an individual approved to provide first aid
instruction. First aid training may be less than eight hours
and persons qualified to provide first aid training shall
include individuals approved as first aid instructors.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 16.

Minnesota Statutes 2004, section 245A.14, is
amended by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin Cardiopulmonary resuscitation (cpr) training
requirement. new text end

new text begin (a) When children are present in a child care
center governed by Minnesota Rules, parts 9503.0005 to
9503.0170, or in a family child care home governed by Minnesota
Rules, parts 9502.0315 to 9502.0445, at least one staff person
must be present in the center or home who has been trained in
cardiopulmonary resuscitation (CPR) and in the treatment of
obstructed airways. The CPR training must have been provided by
an individual approved to provide CPR instruction, must be
repeated at least once every three years, and must be documented
in the staff person's records.
new text end

new text begin (b) Notwithstanding Minnesota Rules, part 9503.0035,
subpart 3, item A, cardiopulmonary resuscitation training may be
provided for less than four hours.
new text end

new text begin (c) Notwithstanding Minnesota Rules, part 9503.0035,
subpart 3, item C, persons qualified to provide cardiopulmonary
resuscitation training shall include individuals approved as
cardiopulmonary resuscitation instructors.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 17.

Minnesota Statutes 2004, section 245A.144, is
amended to read:

245A.144 REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME
new text begin AND SHAKEN BABY SYNDROME new text end IN CHILD CARE new text begin AND CHILD FOSTER CARE
new text end PROGRAMS.

new text begin (a) new text end License holders must deleted text begin ensure deleted text end new text begin document new text end that before staff
persons, caregivers, and helpers assist in the care of infants,
they receive training on reducing the risk of sudden infant
death syndrome new text begin and shaken baby syndrome new text end . The training on
reducing the risk of sudden infant death syndrome new text begin and shaken
baby syndrome new text end may be provided as new text begin :
new text end

new text begin (1) new text end orientation training new text begin to child care center staff new text end under
Minnesota Rules, part 9503.0035, subpart 1, deleted text begin as deleted text end new text begin and to child
foster care providers, who care for infants, under Minnesota
Rules, part 2960.3070, subpart 1;
new text end

new text begin (2) new text end initial training new text begin to family and group family child care
providers new text end under Minnesota Rules, part 9502.0385, subpart 2 deleted text begin , as deleted text end new text begin ;
new text end

new text begin (3) new text end in-service training new text begin to child care center staff new text end under
Minnesota Rules, part 9503.0035, subpart 4, new text begin and to child foster
care providers, who care for infants, under Minnesota Rules,
part 2960.3070, subpart 2; new text end or deleted text begin as
deleted text end

new text begin (4) new text end ongoing training new text begin to family and group family child care
providers new text end under Minnesota Rules, part 9502.0385, subpart 3.

new text begin (b) new text end Training required under this section must be at least
one hour in length and must be completed at least once every
five years. At a minimum, the training must address the risk
factors related to sudden infant death syndrome new text begin and shaken baby
syndrome new text end , means of reducing the risk of sudden infant death
syndrome new text begin and shaken baby syndrome new text end in child care, and license
holder communication with parents regarding reducing the risk of
sudden infant death syndrome new text begin and shaken baby syndrome new text end .

new text begin (c) new text end Training for family and group family child care
providers must be approved by the county licensing agency
according to Minnesota Rules, part 9502.0385.

new text begin (d) Training for child foster care providers must be
approved by the county licensing agency and fulfills, in part,
training required under Minnesota Rules, part 2960.3070.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 18.

Minnesota Statutes 2004, section 245A.16,
subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a)
County agencies and private agencies that have been designated
or licensed by the commissioner to perform licensing functions
and activities under section 245A.04 and chapter 245C, to
recommend denial of applicants under section 245A.05, to issue
correction orders, to issue variances, and recommend a
conditional license under section 245A.06, or to recommend
suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the
commissioner governing those functions and with this section.
The following variances are excluded from the delegation of
variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster
care, dual licensure of child and adult foster care, and adult
foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except
that county agencies may issue variances under section 245C.30
regarding disqualified individuals when the county is
responsible for conducting a consolidated reconsideration
according to sections 245C.25 and 245C.27, subdivision 2,
clauses (a) and (b), of a county maltreatment determination and
a disqualification based on serious or recurring maltreatment;
and

(6) the required presence of a caregiver in the adult
foster care residence during normal sleeping hours.

(b) County agencies must report new text begin :
new text end

new text begin (1) new text end information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, clauses (a)
and (b), and variances granted under paragraph (a), clause (5),
to the commissioner at least monthly in a format prescribed by
the commissioner new text begin ; and
new text end

new text begin (2) for relative child foster care applicants and license
holders, the number of relatives, as defined in section
260C.007, subdivision 27, and household members of relatives who
are disqualified under section 245C.14; the disqualifying
characteristics under section 245C.15; the number of these
individuals who requested reconsideration under section 245C.21;
the number of set-asides under section 245C.22; and variances
under section 245C.30 issued. This information shall be
reported to the commissioner annually by January 15 of each year
in a format prescribed by the commissioner new text end .

(c) For family day care programs, the commissioner may
authorize licensing reviews every two years after a licensee has
had at least one annual review.

(d) For family adult day services programs, the
commissioner may authorize licensing reviews every two years
after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for
up to two years.

Sec. 19.

Minnesota Statutes 2004, section 245A.16,
subdivision 4, is amended to read:

Subd. 4.

Enforcement of deleted text begin the deleted text end commissioner's orders.

The
county or private agency shall enforce the commissioner's orders
under sections 245A.07, 245A.08, subdivision 5, and chapter
245C, according to the instructions of the commissioner. The
county attorney shall assist the county agency in the
enforcement and defense of the commissioner's orders under
sections 245A.07, 245A.08, and chapter 245C, according to the
instructions of the commissioner, unless a conflict of interest
exists between the county attorney and the commissioner. new text begin For
purposes of this section, a conflict of interest means that the
county attorney has a direct or shared financial interest with
the license holder or has a personal relationship or family
relationship with a party in the licensing action.
new text end

Sec. 20.

Minnesota Statutes 2004, section 245A.18, is
amended to read:

245A.18 deleted text begin SEAT BELT USE REQUIRED deleted text end new text begin CHILD PASSENGER RESTRAINT
SYSTEMS; TRAINING REQUIREMENT new text end .

deleted text begin (a) When a nonresidential license holder provides or
arranges for transportation for children served by the license
holder, children four years old and older must be restrained by
a properly adjusted and fastened seat belt and children under
age four must be properly fastened in a child passenger
restraint system meeting federal motor vehicle safety
standards. A child passenger restraint system is not required
for a child who, in the judgment of a licensed physician, cannot
be safely transported in a child passenger restraint system
because of a medical condition, body size, or physical
disability, if the license holder possesses a written statement
from the physician that satisfies the requirements in section
169.685, subdivision 6, paragraph (b).
deleted text end

deleted text begin (b) Paragraph (a) does not apply to transportation of
children in a school bus inspected under section 169.451 that
has a gross vehicle weight rating of more than 10,000 pounds, is
designed for carrying more than ten persons, and was
manufactured after 1977.
deleted text end

new text begin Subdivision 1. new text end

new text begin Seat belt use. new text end

new text begin A license holder must
comply with all seat belt and child passenger restraint system
requirements under section 169.685.
new text end

new text begin Subd. 2. new text end

new text begin Child passenger restraint systems; training
requirement.
new text end

new text begin (a) Family and group family child care, child care centers,
child foster care, and other programs licensed by the Department
of Human Services that serve a child or children under nine
years of age must document training that fulfills the
requirements in this subdivision.
new text end

new text begin (b) Before a license holder, staff person, caregiver, or
helper transports a child or children under age nine in a motor
vehicle, the person transporting the child must satisfactorily
complete training on the proper use and installation of child
restraint systems in motor vehicles. Training completed under
this section may be used to meet initial or ongoing training
under the following:
new text end

new text begin (1) Minnesota Rules, part 2960.3070, subparts 1 and 2;
new text end

new text begin (2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and
new text end

new text begin (3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
new text end

new text begin (c) Training required under this section must be at least
one hour in length, completed at orientation or initial
training, and repeated at least once every five years. At a
minimum, the training must address the proper use of child
restraint systems based on the child's size, weight, and age,
and the proper installation of a car seat or booster seat in the
motor vehicle used by the license holder to transport the child
or children.
new text end

new text begin (d) Training under paragraph (c) must be provided by
individuals who are certified and approved by the Department of
Public Safety, Office of Traffic Safety. License holders may
obtain a list of certified and approved trainers through the
Department of Public Safety Web site or by contacting the agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 21.

Minnesota Statutes 2004, section 245B.02,
subdivision 10, is amended to read:

Subd. 10.

Incident.

"Incident" means any of the
following:

(1) serious injury as determined by section 245.91,
subdivision 6;

(2) a consumer's death;

(3) any medical emergencies, unexpected serious illnesses,
or accidents that require physician treatment or
hospitalization;

(4) a consumer's unauthorized absence;

(5) any fires or other new text begin events that require the relocation
of services for more than 24 hours, or new text end circumstances involving a
law enforcement agency new text begin or fire department related to the health,
safety, or supervision of a consumer new text end ;

(6) physical aggression by a consumer against another
consumer that causes physical pain, injury, or persistent
emotional distress, including, but not limited to, hitting,
slapping, kicking, scratching, pinching, biting, pushing, and
spitting;

(7) any sexual activity between consumers involving force
or coercion as defined under section 609.341, subdivisions 3 and
14; or

(8) a report of child or vulnerable adult maltreatment
under section 626.556 or 626.557.

Sec. 22.

Minnesota Statutes 2004, section 245B.055,
subdivision 7, is amended to read:

Subd. 7.

Determining number of direct service staff
required.

The minimum number of direct service staff members
required at any one time to meet the combined staff ratio
requirements of the persons present at that time can be
determined by following the steps in clauses (1) through (4):

(1) assign each person in attendance the three-digit
decimal below that corresponds to the staff ratio requirement
assigned to that person. A staff ratio requirement of one to
four equals 0.250. A staff ratio requirement of one to eight
equals 0.125. A staff ratio requirement of one to six equals
0.166 new text begin . A staff ratio requirement of one to ten equals 0.100 new text end ;

(2) add all of the three-digit decimals (one three-digit
decimal for every person in attendance) assigned in clause (1);

(3) when the sum in clause (2) falls between two whole
numbers, round off the sum to the larger of the two whole
numbers; and

(4) the larger of the two whole numbers in clause (3)
equals the number of direct service staff members needed to meet
the staff ratio requirements of the persons in attendance.

Sec. 23.

Minnesota Statutes 2004, section 245B.07,
subdivision 8, is amended to read:

Subd. 8.

Policies and procedures.

The license holder
must develop and implement the policies and procedures in
paragraphs (1) to (3).

(1) Policies and procedures that promote consumer health
and safety by ensuring:

(i) consumer safety in emergency situations deleted text begin as identified
in section 245B.05, subdivision 7 deleted text end ;

(ii) consumer health through sanitary practices;

(iii) safe transportation, when the license holder is
responsible for transportation of consumers, with provisions for
handling emergency situations;

(iv) a system of record keeping for both individuals and
the organization, for review of incidents and emergencies, and
corrective action if needed;

(v) a plan for responding to all incidents, as defined in
section 245B.02, subdivision 10, deleted text begin fires, severe weather and
natural disasters, bomb threats, and other threats deleted text end and reporting
all incidents required to be reported under section 245B.05,
subdivision 7;

(vi) safe medication administration as identified in
section 245B.05, subdivision 5, incorporating an observed skill
assessment to ensure that staff demonstrate the ability to
administer medications consistent with the license holder's
policy and procedures;

(vii) psychotropic medication monitoring when the consumer
is prescribed a psychotropic medication, including the use of
the psychotropic medication use checklist. If the
responsibility for implementing the psychotropic medication use
checklist has not been assigned in the individual service plan
and the consumer lives in a licensed site, the residential
license holder shall be designated; and

(viii) criteria for admission or service initiation
developed by the license holder deleted text begin ; deleted text end new text begin .
new text end

(2) Policies and procedures that protect consumer rights
and privacy by ensuring:

(i) consumer data privacy, in compliance with the Minnesota
Data Practices Act, chapter 13; and

(ii) that complaint procedures provide consumers with a
simple process to bring grievances and consumers receive a
response to the grievance within a reasonable time period. The
license holder must provide a copy of the program's grievance
procedure and time lines for addressing grievances. The
program's grievance procedure must permit consumers served by
the program and the authorized representatives to bring a
grievance to the highest level of authority in the program deleted text begin ; and deleted text end new text begin .
new text end

(3) Policies and procedures that promote continuity and
quality of consumer supports by ensuring:

(i) continuity of care and service coordination, including
provisions for service termination, temporary service
suspension, and efforts made by the license holder to coordinate
services with other vendors who also provide support to the
consumer. The policy must include the following requirements:

(A) the license holder must notify the consumer or
consumer's legal representative and the consumer's case manager
in writing of the intended termination or temporary service
suspension and the consumer's right to seek a temporary order
staying the termination or suspension of service according to
the procedures in section 256.045, subdivision 4a or subdivision
6, paragraph (c);

(B) notice of the proposed termination of services,
including those situations that began with a temporary service
suspension, must be given at least 60 days before the proposed
termination is to become effective;

(C) the license holder must provide information requested
by the consumer or consumer's legal representative or case
manager when services are temporarily suspended or upon notice
of termination;

(D) use of temporary service suspension procedures are
restricted to situations in which the consumer's behavior causes
immediate and serious danger to the health and safety of the
individual or others;

(E) prior to giving notice of service termination or
temporary service suspension, the license holder must document
actions taken to minimize or eliminate the need for service
termination or temporary service suspension; and

(F) during the period of temporary service suspension, the
license holder will work with the appropriate county agency to
develop reasonable alternatives to protect the individual and
others; and

(ii) quality services measured through a program evaluation
process including regular evaluations of consumer satisfaction
and sharing the results of the evaluations with the consumers
and legal representatives.

Sec. 24.

Minnesota Statutes 2004, section 245C.03,
subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner
shall conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household
where the licensed program will be provided;

(3) current employees or contractors of the applicant who
will have direct contact with persons served by the facility,
agency, or program;

(4) volunteers or student volunteers who will have direct
contact with persons served by the program to provide program
services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household
where the licensed services will be provided when the
commissioner has reasonable cause;

(6) an individual who, without providing direct contact
services at a licensed program, may have unsupervised access to
children or vulnerable adults receiving services from a program
deleted text begin licensed to provide: deleted text end new text begin , when the commissioner has reasonable
cause; and
new text end

deleted text begin (i) family child care for children;
deleted text end

deleted text begin (ii) foster care for children in the provider's own home;
or
deleted text end

deleted text begin (iii) foster care or day care services for adults in the
provider's own home; and
deleted text end

(7) all managerial officials as defined under section
245A.02, subdivision 5a.

deleted text begin The commissioner must have reasonable cause to study an
individual under this subdivision.
deleted text end

(b) For family child foster care settings, a short-term
substitute caregiver providing direct contact services for a
child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.

Sec. 25.

Minnesota Statutes 2004, section 245C.07, is
amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE deleted text begin LICENSED
deleted text end FACILITIES.

new text begin (a) When a license holder owns multiple facilities that are
licensed by the Department of Human Services, only one
background study is required for an individual who provides
direct contact services in one or more of the licensed
facilities if:
new text end

new text begin (1) the license holder designates one individual with one
address and telephone number as the person to receive sensitive
background study information for the multiple licensed programs
that depend on the same background study; and
new text end

new text begin (2) the individual designated to receive the sensitive
background study information is capable of determining, upon
request of the department, whether a background study subject is
providing direct contact services in one or more of the license
holder's programs and, if so, at which location or locations.
new text end

new text begin (b) new text end When a background study is being initiated by a
licensed facility or a foster care provider that is also
registered under chapter 144D, a study subject affiliated with
multiple licensed facilities may attach to the background study
form a cover letter indicating the additional facilities' names,
addresses, and background study identification numbers.

When the commissioner receives a notice, the commissioner
shall notify each facility identified by the background study
subject of the study results.

The background study notice the commissioner sends to the
subsequent agencies shall satisfy those facilities'
responsibilities for initiating a background study on that
individual.

Sec. 26.

Minnesota Statutes 2004, section 245C.08,
subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by
commissioner of human services.

new text begin (a) new text end For a background study
conducted by the commissioner, the commissioner shall review:

(1) information related to names of substantiated
perpetrators of maltreatment of vulnerable adults that has been
received by the commissioner as required under section 626.557,
subdivision 9c, paragraph (i);

(2) the commissioner's records relating to the maltreatment
of minors in licensed programs new text begin , and from county agency findings
of maltreatment of minors as indicated through the social
service information system new text end ;

(3) information from juvenile courts as required in
subdivision 4 for individuals listed in section 245C.03,
subdivision 1, clauses (2), (5), and (6); and

(4) information from the Bureau of Criminal Apprehension.

new text begin (b) Notwithstanding expungement by a court, the
commissioner may consider information obtained under paragraph
(a), clauses (3) and (4), unless the commissioner received
notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner.
new text end

Sec. 27.

Minnesota Statutes 2004, section 245C.08,
subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county or
private agency; foster care and family child care.

(a) For a
background study conducted by a county or private agency for
child foster care, adult foster care, and family child care
homes, the commissioner shall review:

(1) information from the county agency's record of
substantiated maltreatment of adults and the maltreatment of
minors;

(2) information from juvenile courts as required in
subdivision 4 for individuals listed in section 245C.03,
subdivision 1, clauses (2), (5), and (6);

(3) information from the Bureau of Criminal Apprehension;
and

(4) arrest and investigative records maintained by the
Bureau of Criminal Apprehension, county attorneys, county
sheriffs, courts, county agencies, local police, the National
Criminal Records Repository, and criminal records from other
states.

(b) If the individual has resided in the county for less
than five years, the study shall include the records specified
under paragraph (a) for the previous county or counties of
residence for the past five years.

new text begin (c) Notwithstanding expungement by a court, the county or
private agency may consider information obtained under paragraph
(a), clauses (3) and (4), unless the commissioner received
notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner.
new text end

Sec. 28.

Minnesota Statutes 2004, section 245C.15,
subdivision 1, is amended to read:

Subdivision 1.

Permanent disqualification.

(a) An
individual is disqualified under section 245C.14 if: (1)
regardless of how much time has passed since the discharge of
the sentence imposed new text begin , if any, new text end for the offense; and (2) unless
otherwise specified, regardless of the level of the deleted text begin conviction
deleted text end new text begin offense new text end , the individual deleted text begin is convicted of deleted text end new text begin has committed new text end any of the
following offenses: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree);
609.205 (manslaughter in the second degree); 609.221 or 609.222
(assault in the first or second degree); a felony offense under
sections 609.2242 and 609.2243 (domestic assault), spousal
abuse, child abuse or neglect, or a crime against children;
609.228 (great bodily harm caused by distribution of drugs);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661
(murder of an unborn child in the first degree); 609.2662
(murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.322
(solicitation, inducement, and promotion of prostitution); a
felony offense under 609.324, subdivision 1 (other prohibited
acts); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.352 (solicitation of
children to engage in sexual conduct); 609.365 (incest); a
felony offense under 609.377 (malicious punishment of a child);
a felony offense under 609.378 (neglect or endangerment of a
child); 609.561 (arson in the first degree); 609.66, subdivision
1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
(felony-level harassment; stalking); 609.855, subdivision 5
(shooting at or in a public transit vehicle or facility);
617.246 (use of minors in sexual performance prohibited); or
617.247 (possession of pictorial representations of minors). An
individual also is disqualified under section 245C.14 regardless
of how much time has passed since the involuntary termination of
the individual's parental rights under section 260C.301.

(b) An individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country,
where the elements of the offense are substantially similar to
any of the offenses listed in paragraph (a), permanently
disqualifies the individual under section 245C.14.

new text begin (d) When a disqualification is based on a judicial
determination other than a conviction, the disqualification
period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification
period begins from the date of an admission in court. When a
disqualification is based on a preponderance of evidence of a
disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence
imposed for a conviction for a disqualifying crime of similar
elements, or the date of the incident, whichever occurs last.
new text end

Sec. 29.

Minnesota Statutes 2004, section 245C.15,
subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than 15 years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received a felony
conviction for deleted text end new text begin committed new text end a new text begin felony-level new text end violation of any of the
following offenses: sections new text begin 256.98 (wrongfully obtaining
assistance); new text end 260C.301 (grounds for termination of parental
rights); new text begin 268.182 (false representation; concealment of facts);
393.07, subdivision 10(c) (federal Food Stamp Program fraud);
new text end 609.165 (felon ineligible to possess firearm); 609.21 (criminal
vehicular homicide and injury); 609.215 (suicide); 609.223 or
609.2231 (assault in the third or fourth degree); repeat
offenses under 609.224 (assault in the fifth degree); 609.2325
(criminal abuse of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child
in the second degree); 609.267 (assault of an unborn child in
the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.268 (injury or death of an unborn child in
the commission of a crime); 609.27 (coercion); 609.275 (attempt
to coerce); repeat offenses under 609.3451 (criminal sexual
conduct in the fifth degree); new text begin 609.466 (medical assistance
fraud); new text end 609.498, subdivision 1 or 1b (aggravated first degree or
first degree tampering with a witness); 609.52 (theft); 609.521
(possession of shoplifting gear); new text begin 609.525 (bringing stolen goods
into Minnesota); 609.527 (identity theft); 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks);
new text end 609.562 (arson in the second degree); 609.563 (arson in the
third degree); 609.582 (burglary); new text begin 609.611 (insurance fraud);
new text end 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check
forgery; offering a forged check); 609.635 (obtaining signature
by false pretense); 609.66 (dangerous weapons); 609.67 (machine
guns and short-barreled shotguns); 609.687 (adulteration);
609.71 (riot); 609.713 (terroristic threats); new text begin 609.82 (fraud in
obtaining credit); 609.821 (financial transaction card fraud);
new text end repeat offenses under 617.23 (indecent exposure; penalties);
repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty);
chapter 152 (drugs; controlled substance); or a felony new text begin - new text end level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) new text begin For foster care and family child care an individual is
disqualified under section 245C.14 if less than 15 years has
passed since the individual's voluntary termination of the
individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or 260C.301, subdivision 3.
new text end

new text begin (d) new text end An individual is disqualified under section 245C.14 if
less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of the offenses listed in paragraph (a).

deleted text begin (d) deleted text end new text begin (e) new text end If the individual studied is convicted of one of
the felonies listed in paragraph (a), but the sentence is a
gross misdemeanor or misdemeanor disposition, the individual is
disqualified but the disqualification lookback period for the
conviction is the period applicable to the gross misdemeanor or
misdemeanor disposition.

new text begin (f) When a disqualification is based on a judicial
determination other than a conviction, the disqualification
period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification
period begins from the date of an admission in court. When a
disqualification is based on a preponderance of evidence of a
disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence
imposed for a conviction for a disqualifying crime of similar
elements, or the date of the incident, whichever occurs last.
new text end

Sec. 30.

Minnesota Statutes 2004, section 245C.15,
subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than ten years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received deleted text end new text begin committed new text end a
gross deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level new text end violation
of any of the following offenses: sections new text begin 256.98 (wrongfully
obtaining assistance); 268.182 (false representation;
concealment of facts); 393.07, subdivision 10(c) (federal Food
Stamp Program fraud); new text end 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth
degree by a caregiver against a vulnerable adult); 609.2242 and
609.2243 (domestic assault); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse of a vulnerable adult); 609.233
(criminal neglect of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.265 (abduction);
609.275 (attempt to coerce); 609.324, subdivision 1a (other
prohibited acts; minor engaged in prostitution); 609.33
(disorderly house); 609.3451 (criminal sexual conduct in the
fifth degree); 609.377 (malicious punishment of a child);
609.378 (neglect or endangerment of a child); new text begin 609.446 (medical
assistance fraud); new text end 609.52 (theft); new text begin 609.525 (bringing stolen
goods into Minnesota); 609.527 (identify theft); 609.53
(receiving stolen property); 609.535 (issuance of dishonored
checks); new text end 609.582 (burglary); new text begin 609.611 (insurance fraud); new text end 609.631
(check forgery; offering a forged check); 609.66 (dangerous
weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
conduct against a vulnerable adult); repeat offenses under
609.746 (interference with privacy); 609.749, subdivision 2
(harassment; stalking); repeat offenses under 617.23 (indecent
exposure); 617.241 (obscene materials and performances); 617.243
(indecent literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of
an order for protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if
less than ten years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if
less than ten years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

(d) If the defendant is convicted of one of the gross
misdemeanors listed in paragraph (a), but the sentence is a
misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the conviction is the
period applicable to misdemeanors.

new text begin (e) When a disqualification is based on a judicial
determination other than a conviction, the disqualification
period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification
period begins from the date of an admission in court. When a
disqualification is based on a preponderance of evidence of a
disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence
imposed for a conviction for a disqualifying crime of similar
elements, or the date of the incident, whichever occurs last.
new text end

Sec. 31.

Minnesota Statutes 2004, section 245C.15,
subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual
is disqualified under section 245C.14 if: (1) less than seven
years has passed since the discharge of the sentence imposed new text begin , if
any, new text end for the offense; and (2) the individual has deleted text begin received
deleted text end new text begin committed new text end a deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level
new text end violation of any of the following offenses: sections new text begin 256.98
(wrongfully obtaining assistance); 268.182 (false
representation; concealment of facts); 393.07, subdivision 10(c)
(federal Food Stamp Program fraud); new text end 609.224 (assault in the
fifth degree); 609.2242 (domestic assault); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.2672 (assault of an
unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order
authorized; procedures; penalties); new text begin 609.466 (medical assistance
fraud); new text end 609.52 (theft); new text begin 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
property); 609.535 (issuance of dishonored checks); 609.611
(insurance fraud); new text end 609.66 (dangerous weapons); 609.665 (spring
guns); 609.746 (interference with privacy); 609.79 (obscene or
harassing deleted text begin phone deleted text end new text begin telephone new text end calls); 609.795 (letter, telegram, or
package; opening; harassment); new text begin 609.82 (fraud in obtaining
credit); 609.821 (financial transaction card fraud); new text end 617.23
(indecent exposure; penalties); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of
an order for protection under section 518B.01 (Domestic Abuse
Act).

(b) An individual is disqualified under section 245C.14 if
less than seven years has passed since a determination or
disposition of the individual's:

(1) failure to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, for incidents in
which: (i) the final disposition under section 626.556 or
626.557 was substantiated maltreatment, and (ii) the
maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a
minor under section 626.556, a vulnerable adult under section
626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the
elements of maltreatment under section 626.556 or 626.557 for
which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for
the maltreatment.

(c) An individual is disqualified under section 245C.14 if
less than seven years has passed since the individual's new text begin aiding
and abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these
offenses is defined in Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if
less than seven years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraphs (a) and (b).

new text begin (e) When a disqualification is based on a judicial
determination other than a conviction, the disqualification
period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification
period begins from the date of an admission in court. When a
disqualification is based on a preponderance of evidence of a
disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence
imposed for a conviction for a disqualifying crime of similar
elements, or the date of the incident, whichever occurs last.
new text end

Sec. 32.

Minnesota Statutes 2004, section 245C.17,
subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If
the information in the study indicates the individual is
disqualified from direct contact with, or from access to,
persons served by the program, the commissioner shall disclose
to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the
disqualification; deleted text begin and
deleted text end

(3) new text begin an explanation of any restrictions on the
commissioner's discretion to set aside the disqualification
under section 245C.24, subdivision 2, when applicable to the
individual; and
new text end

new text begin (4) new text end the commissioner's determination of the individual's
new text begin immediate new text end risk of harm under section 245C.16.

(b) If the commissioner determines under section 245C.16
that an individual poses an imminent risk of harm to persons
served by the program where the individual will have direct
contact, the commissioner's notice must include an explanation
of the basis of this determination.

(c) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
only notify the individual of the disqualification.

Sec. 33.

Minnesota Statutes 2004, section 245C.21,
subdivision 2, is amended to read:

Subd. 2.

Time frame for requesting reconsideration of a
disqualification.

(a) When the commissioner sends an individual
a notice of disqualification based on a finding under section
245C.16, subdivision 2, paragraph (a), clause (1) or (2), the
disqualified individual must submit the request for a
reconsideration within 30 calendar days of the individual's
receipt of the notice of disqualification. new text begin If mailed, the
request for reconsideration must be postmarked and sent to the
commissioner within 30 calendar days of the individual's receipt
of the notice of disqualification. If a request for
reconsideration is made by personal service, it must be received
by the commissioner within 30 calendar days after the
individual's receipt of the notice of disqualification. new text end Upon
showing that the information under subdivision 3 cannot be
obtained within 30 days, the disqualified individual may request
additional time, not to exceed 30 days, to obtain the
information.

(b) When the commissioner sends an individual a notice of
disqualification based on a finding under section 245C.16,
subdivision 2, paragraph (a), clause (3), the disqualified
individual must submit the request for reconsideration within 15
calendar days of the individual's receipt of the notice of
disqualification. new text begin If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 15
calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by
personal service, it must be received by the commissioner within
15 calendar days after the individual's receipt of the notice of
disqualification.
new text end

(c) An individual who was determined to have maltreated a
child under section 626.556 or a vulnerable adult under section
626.557, and who is disqualified on the basis of serious or
recurring maltreatment, may request a reconsideration of both
the maltreatment and the disqualification determinations. The
request must be submitted within 30 calendar days of the
individual's receipt of the notice of disqualification. new text begin If
mailed, the request for reconsideration must be postmarked and
sent to the commissioner within 30 calendar days of the
individual's receipt of the notice of disqualification. If a
request for reconsideration is made by personal service, it must
be received by the commissioner within 30 calendar days after
the individual's receipt of the notice of disqualification.
new text end

Sec. 34.

Minnesota Statutes 2004, section 245C.22,
subdivision 3, is amended to read:

Subd. 3.

Preeminent weight given to safety of persons
being served.

In reviewing a request for reconsideration of a
disqualification, the commissioner shall give preeminent weight
to the safety of each person served by the license holder,
applicant, or other entities as provided in this chapter over
the interests of the new text begin disqualified individual, new text end license holder,
applicant, or other entity as provided in this chapter, and any
single factor under subdivision 4, paragraph (b), may be
determinative of the commissioner's decision whether to set
aside the individual's disqualification.

Sec. 35.

Minnesota Statutes 2004, section 245C.22,
subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner
may set aside the disqualification if the commissioner finds
that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to
any person served by the applicant, license holder, or other
entities as provided in this chapter.

(b) In determining whether the individual has met the
burden of proof by demonstrating the individual does not pose a
risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or
events that led to the disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of
the event;

(4) the harm suffered by the victim;

(5) the similarity between the victim and persons served by
the program;

(6) the time elapsed without a repeat of the same or
similar event;

(7) documentation of successful completion by the
individual studied of training or rehabilitation pertinent to
the event; and

(8) any other information relevant to reconsideration.

new text begin (c) If the individual requested reconsideration on the
basis that the information relied upon to disqualify the
individual was incorrect or inaccurate and the commissioner
determines that the information relied upon to disqualify the
individual is correct, the commissioner must also determine if
the individual poses a risk of harm to persons receiving
services in accordance with paragraph (b).
new text end

Sec. 36.

Minnesota Statutes 2004, section 245C.24,
subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside of disqualification.

The commissioner may not set aside the disqualification of an
individual in connection with a license to provide family child
care for children, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, regardless of how much time has passed, if
the deleted text begin provider deleted text end new text begin individual new text end was disqualified for a crime or conduct
listed in section 245C.15, subdivision 1.

Sec. 37.

Minnesota Statutes 2004, section 245C.24,
subdivision 3, is amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a)
The commissioner may not set aside the disqualification of an
individual in connection with a license to provide family child
care for children, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home if: (1) less than ten years has passed since
the discharge of the sentence imposed new text begin , if any, new text end for the offense;
deleted text begin and deleted text end new text begin or new text end (2) new text begin when disqualified based on a preponderance of
evidence determination under section 245A.14, subdivision 1,
paragraph (a), clause (2), or an admission under section
245A.14, subdivision 1, paragraph (a), clause (1), and less than
ten years has passed since the individual committed the act or
admitted to committing the act, whichever is later; and (3) new text end the
individual has deleted text begin been convicted of deleted text end new text begin committed new text end a violation of any of
the following offenses: sections 609.165 (felon ineligible to
possess firearm); criminal vehicular homicide under 609.21
(criminal vehicular homicide and injury); 609.215 (aiding
suicide or aiding attempted suicide); felony violations under
609.223 or 609.2231 (assault in the third or fourth degree);
609.713 (terroristic threats); 609.235 (use of drugs to injure
or to facilitate crime); 609.24 (simple robbery); 609.255 (false
imprisonment); 609.562 (arson in the second degree); 609.71
(riot); 609.498, subdivision 1 or 1b (aggravated first degree or
first degree tampering with a witness); burglary in the first or
second degree under 609.582 (burglary); 609.66 (dangerous
weapon); 609.665 (spring guns); 609.67 (machine guns and
short-barreled shotguns); 609.749, subdivision 2 (gross
misdemeanor harassment; stalking); 152.021 or 152.022
(controlled substance crime in the first or second degree);
152.023, subdivision 1, clause (3) or (4) or subdivision 2,
clause (4) (controlled substance crime in the third degree);
152.024, subdivision 1, clause (2), (3), or (4) (controlled
substance crime in the fourth degree); 609.224, subdivision 2,
paragraph (c) (fifth-degree assault by a caregiver against a
vulnerable adult); 609.23 (mistreatment of persons confined);
609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation
of a vulnerable adult); 609.234 (failure to report); 609.265
(abduction); 609.2664 to 609.2665 (manslaughter of an unborn
child in the first or second degree); 609.267 to 609.2672
(assault of an unborn child in the first, second, or third
degree); 609.268 (injury or death of an unborn child in the
commission of a crime); 617.293 (disseminating or displaying
harmful material to minors); a felony new text begin - new text end level conviction involving
alcohol or drug use, a gross misdemeanor offense under 609.324,
subdivision 1 (other prohibited acts); a gross misdemeanor
offense under 609.378 (neglect or endangerment of a child); a
gross misdemeanor offense under 609.377 (malicious punishment of
a child); or 609.72, subdivision 3 (disorderly conduct against a
vulnerable adult).

(b) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or conspiracy to
commit any of the offenses listed in paragraph (a) as each of
these offenses is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially
similar to the elements of any of the offenses listed in
paragraph (a).

Sec. 38.

Minnesota Statutes 2004, section 245C.27,
subdivision 1, is amended to read:

Subdivision 1.

Fair hearing when disqualification is not
set aside.

(a) If the commissioner does not set aside deleted text begin or
rescind deleted text end a disqualification of an individual under section
245C.22 who is disqualified on the basis of a preponderance of
evidence that the individual committed an act or acts that meet
the definition of any of the crimes listed in section 245C.15;
for a determination under section 626.556 or 626.557 of
substantiated maltreatment that was serious or recurring under
section 245C.15; or for failure to make required reports under
section 626.556, subdivision 3; or 626.557, subdivision 3,
pursuant to section 245C.15, subdivision 4, paragraph (b),
clause (1), the individual may request a fair hearing under
section 256.045, unless the disqualification is deemed
conclusive under section 245C.29.

(b) The fair hearing is the only administrative appeal of
the final agency determination for purposes of appeal by the
disqualified individual. The disqualified individual does not
have the right to challenge the accuracy and completeness of
data under section 13.04.

(c) If the individual was disqualified based on a
conviction or admission to any crimes listed in section 245C.15,
subdivisions 1 to 4, the reconsideration decision under section
245C.22 is the final agency determination for purposes of appeal
by the disqualified individual and is not subject to a hearing
under section 256.045. new text begin If the individual was disqualified based
on a judicial determination, that determination is treated the
same as a conviction for purposes of appeal.
new text end

(d) This subdivision does not apply to a public employee's
appeal of a disqualification under section 245C.28, subdivision
3.

new text begin (e) Notwithstanding paragraph (c), if the commissioner does
not set aside a disqualification of an individual who was
disqualified based on both a preponderance of evidence and a
conviction or admission, the individual may request a fair
hearing under section 256.045, unless the disqualifications are
deemed conclusive under section 245C.29. The scope of the
hearing conducted under section 256.045 with regard to the
disqualification based on a conviction or admission shall be
limited solely to whether the individual poses a risk of harm,
according to section 256.045, subdivision 3b.
new text end

Sec. 39.

Minnesota Statutes 2004, section 245C.28,
subdivision 3, is amended to read:

Subd. 3.

Employees of public employer.

(a) If the
commissioner does not set aside the disqualification of an
individual who is an employee of an employer, as defined in
section 179A.03, subdivision 15, the individual may request a
contested case hearing under chapter 14. The request for a
contested case hearing must be made in writing and must be
postmarked and deleted text begin mailed deleted text end new text begin sent new text end within 30 calendar days after the
employee receives notice that the disqualification has not been
set aside. new text begin If the individual was disqualified based on a
conviction or admission to any crimes listed in section 245C.15,
the scope of the contested case hearing shall be limited solely
to whether the individual poses a risk of harm pursuant to
section 245C.22.
new text end

(b) If the commissioner does not set aside deleted text begin or rescind deleted text end a
disqualification that is based on a maltreatment determination,
the scope of the contested case hearing must include the
maltreatment determination and the disqualification. In such
cases, a fair hearing must not be conducted under section
256.045.

(c) Rules adopted under this chapter may not preclude an
employee in a contested case hearing for a disqualification from
submitting evidence concerning information gathered under this
chapter.

(d) When deleted text begin a person deleted text end new text begin an individual new text end has been disqualified from
multiple licensed programs and the disqualifications have not
been set aside under section 245C.22, if at least one of the
disqualifications entitles the person to a contested case
hearing under this subdivision, the scope of the contested case
hearing shall include all disqualifications from licensed
programs which were not set aside.

(e) In determining whether the disqualification should be
set aside, the administrative law judge shall consider all of
the characteristics that cause the individual to be
disqualified deleted text begin , including those characteristics that were not
subject to review under paragraph (b), deleted text end in order to determine
whether the individual poses a risk of harm. The administrative
law judge's recommendation and the commissioner's order to set
aside a disqualification that is the subject of the hearing
constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside.

Sec. 40.

Minnesota Statutes 2004, section 245C.30,
subdivision 2, is amended to read:

Subd. 2.

Disclosure of reason for disqualification.

(a)
The commissioner may not grant a variance for a disqualified
individual unless the applicant or license holder requests the
variance and the disqualified individual provides written
consent for the commissioner to disclose to the applicant or
license holder the reason for the disqualification.

(b) This subdivision does not apply to programs licensed to
provide family child care for children, foster care for children
in the provider's own home, or foster care or day care services
for adults in the provider's own home. new text begin When the commissioner
grants a variance for a disqualified individual in connection
with a license to provide the services specified in this
paragraph, the disqualified individual's consent is not required
to disclose the reason for the disqualification to the license
holder in the variance issued under subdivision 1.
new text end

Sec. 41.

new text begin [245C.301] NOTIFICATION OF SET-ASIDE OR
VARIANCE.
new text end

new text begin Licensed family child care providers and child care centers
must provide a written notification to parents considering
enrollment of a child or parents of a child attending the family
day care or child care center if the program employs or has
living in the home any person who is the subject of either a
set-aside or variance.
new text end

Sec. 42.

Minnesota Statutes 2004, section 246.13, is
amended to read:

246.13 deleted text begin RECORD deleted text end new text begin RECORDS new text end OF PATIENTS AND RESIDENTS
deleted text begin IN deleted text end new text begin RECEIVING new text end STATE-OPERATED SERVICES.

new text begin Subdivision 1. new text end

new text begin Powers, duties, and authority of
commissioner. new text end

new text begin (a) new text end The commissioner of human services' office
shall have, accessible only by consent of the commissioner or on
the order of a judge or court of record, a record showing the
residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the
state-operated services facilities as defined under section
246.014 under exclusive control of the commissioner; the date of
discharge and whether such discharge was final; the condition of
the person when the person left the state-operated services
facility; new text begin the vulnerable adult abuse prevention associated with
the person; new text end and the date and cause of all deaths. The record
shall state every transfer from one state-operated services
facility to another, naming each state-operated services
facility. This information shall be furnished to the
commissioner of human services by each public agency, along with
other obtainable facts as the commissioner may require. When a
patient or resident in a state-operated services facility is
discharged, transferred, or dies, the head of the state-operated
services facility or designee shall inform the commissioner of
human services of these events within ten days on forms
furnished by the commissioner.

new text begin (b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records
and statistics which shall consist of all basic record forms,
including patient personal records and medical record forms, and
the manner of their use shall be precisely uniform throughout
all state-operated services facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions; risk assessment and management. new text end

new text begin (a)
As used in this section:
new text end

new text begin (1) "appropriate and necessary medical and other records"
includes patient medical records and other protected health
information as defined by Code of Federal Regulations, title 45,
section 164.501, relating to a patient in a state-operated
services facility, including but not limited to the patient's
treatment plan and abuse prevention plan that is pertinent to
the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility
that is not operated by state-operated services, and includes
information describing the level of risk posed by a patient when
the patient enters the facility;
new text end

new text begin (2) "community-based treatment" means the community support
services listed in section 253B.02, subdivision 4b;
new text end

new text begin (3) "criminal history data" means those data maintained or
used by the Departments of Corrections and Public Safety and by
the supervisory authorities listed in section 13.84, subdivision
1, that relate to an individual's criminal history or propensity
for violence; including data in the Corrections Offender
Management System (COMS) and Statewide Supervision System (S3)
maintained by the Department of Corrections and the Criminal
Justice Information System (CJIS); the Predatory Offender
Registration (POR) system maintained by the Department of Public
Safety; and the CriMNet system;
new text end

new text begin (4) "designated agency" means the agency defined in section
253B.02, subdivision 5;
new text end

new text begin (5) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release;
new text end

new text begin (6) "predatory offender" and "offender" mean a person who
is required to register as a predatory offender under section
243.166; and
new text end

new text begin (7) "treatment facility" means a facility as defined in
section 253B.02, subdivision 19.
new text end

new text begin (b) To promote public safety and for the purposes and
subject to the requirements below, the commissioner or the
commissioner's designee shall have access to and may disclose
medical and criminal history data provided by this section, as
necessary to comply with Minnesota Rules, part 1205.0400:
new text end

new text begin (1) to determine whether a patient is required under state
law to register as a predatory offender according to section
243.166;
new text end

new text begin (2) to facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by
corrections institutions and state treatment facilities;
new text end

new text begin (3) to prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual
patient treatment plans required under section 253B.03,
subdivision 7;
new text end

new text begin (4) to facilitate the custody, supervision, and transport
of individuals transferred between the Department of Corrections
and the Department of Human Services; or
new text end

new text begin (5) to effectively monitor and supervise individuals who
are under the authority of the Department of Corrections, the
Department of Human Services, and the supervisory authorities
listed in section 13.84, subdivision 1.
new text end

new text begin (c) The state operated services treatment facility must
make a good faith effort to obtain written authorization from
the patient before releasing information from the patient's
medical record.
new text end

new text begin (d) If the patient refuses or is unable to give informed
consent to authorize the release of information required above,
the chief executive officer for state operated services shall
provide the appropriate and necessary medical and other
records. The chief executive officer shall comply with the
minimum necessary requirements.
new text end

new text begin (e) The commissioner may have access to the National Crime
Information Center (NCIC) database, through the Department of
Public Safety, in support of the law enforcement functions
described in paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Community-based treatment and medical
treatment. new text end

new text begin (a) When a patient under the care and supervision of
state-operated services is released to a community-based
treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate
and necessary health and other information relating to the
patient.
new text end

new text begin (b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that
provides health care services includes, but is not limited to,
the patient's abuse prevention plan required under section
626.557, subdivision 14, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Predatory offender registration
notification. new text end

new text begin (a) When a state-operated facility determines
that a patient is required under section 243.166, subdivision 1,
to register as a predatory offender or, under section 243.166,
subdivision 4a, to provide notice of a change in status, the
facility shall provide written notice to the patient of the
requirement.
new text end

new text begin (b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within
five days after receiving the notification of the duty to
comply, state-operated services staff shall obtain and disclose
the necessary data to complete the registration form or change
of status notification for the patient. The treatment facility
shall also forward the registration or change of status data
that it completes to the Bureau of Criminal Apprehension and, as
applicable, the patient's corrections agent and the law
enforcement agency in the community in which the patient
currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in
paragraph (a), the treatment facility shall also notify the
county attorney in the county in which the patient is currently
residing of the refusal.
new text end

new text begin (c) The duties of state-operated services described in this
subdivision do not relieve the patient of the ongoing individual
duty to comply with the requirements of section 243.166.
new text end

new text begin Subd. 5. new text end

new text begin Procedure for bloodborne pathogens. new text end

new text begin Sections
246.71 to 246.722 apply to state-operated services facilities.
new text end

Sec. 43.

Minnesota Statutes 2004, section 253B.18,
subdivision 4a, is amended to read:

Subd. 4a.

Release on pass; notification.

A patient who
has been committed as a person who is mentally ill and dangerous
and who is confined at a secure treatment facility new text begin or has been
transferred out of a state-operated services facility according
to section 253B.18, subdivision 6, new text end shall not be released on a
pass unless the pass is part of a pass plan that has been
approved by the medical director of the secure treatment
facility. The pass plan must have a specific therapeutic
purpose consistent with the treatment plan, must be established
for a specific period of time, and must have specific levels of
liberty delineated. The county case manager must be invited to
participate in the development of the pass plan. At least ten
days prior to a determination on the plan, the medical director
shall notify the designated agency, the committing court, the
county attorney of the county of commitment, an interested
person, new text begin the local law enforcement agency where the facility is
located, new text end the local law enforcement agency in the location where
the pass is to occur, the petitioner, and the petitioner's
counsel of the plan, the nature of the passes proposed, and
their right to object to the plan. If any notified person
objects prior to the proposed date of implementation, the person
shall have an opportunity to appear, personally or in writing,
before the medical director, within ten days of the objection,
to present grounds for opposing the plan. The pass plan shall
not be implemented until the objecting person has been furnished
that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.

Sec. 44.

Minnesota Statutes 2004, section 260B.163,
subdivision 6, is amended to read:

Subd. 6.

Guardian ad litem.

(a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests. In any other
case the court may appoint a guardian ad litem to protect the
interests of the minor when the court feels that such an
appointment is desirable. The court shall appoint the guardian
ad litem on its own motion or in the manner provided for the
appointment of a guardian ad litem in the district court. The
court may appoint separate counsel for the guardian ad litem if
necessary.

(b) A guardian ad litem shall carry out the following
responsibilities:

(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;

(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;

(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;

(4) monitor the child's best interests throughout the
judicial proceeding; and

(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.

(c) The court may waive the appointment of a guardian ad
litem pursuant to paragraph (a), whenever counsel has been
appointed pursuant to subdivision 2 or is retained otherwise,
and the court is satisfied that the interests of the minor are
protected.

(d) In appointing a guardian ad litem pursuant to paragraph
(a), the court shall not appoint the party, or any agent or
employee thereof, filing a petition pursuant to section 260B.141
and 260C.141.

(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:

(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;

(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.

new text begin (f) The court shall require a background study for each
guardian ad litem as provided under section 518.165. The court
shall have access to data collected pursuant to section 245C.32
for purposes of the background study.
new text end

Sec. 45.

Minnesota Statutes 2004, section 260C.163,
subdivision 5, is amended to read:

Subd. 5.

Guardian ad litem.

(a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests, and in every
proceeding alleging a child's need for protection or services
under section 260C.007, subdivision 6, except proceedings where
the sole allegation is that the child is a runaway or habitual
truant. In any other case the court may appoint a guardian ad
litem to protect the interests of the minor when the court feels
that such an appointment is desirable. The court shall appoint
the guardian ad litem on its own motion or in the manner
provided for the appointment of a guardian ad litem in the
district court. The court may appoint separate counsel for the
guardian ad litem if necessary.

(b) A guardian ad litem shall carry out the following
responsibilities:

(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;

(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;

(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;

(4) monitor the child's best interests throughout the
judicial proceeding; and

(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.

(c) Except in cases where the child is alleged to have been
abused or neglected, the court may waive the appointment of a
guardian ad litem pursuant to clause (a), whenever counsel has
been appointed pursuant to subdivision 2 or is retained
otherwise, and the court is satisfied that the interests of the
minor are protected.

(d) In appointing a guardian ad litem pursuant to clause
(a), the court shall not appoint the party, or any agent or
employee thereof, filing a petition pursuant to section 260C.141.

(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:

(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;

(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.

new text begin (f) The court shall require a background study for each
guardian ad litem as provided under section 518.165. The court
shall have access to data collected pursuant to section 245C.32
for purposes of the background study.
new text end

Sec. 46.

Minnesota Statutes 2004, section 299C.093, is
amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the bureau of criminal apprehension
shall maintain a computerized data system relating to
individuals required to register as predatory offenders under
section 243.166. To the degree feasible, the system must
include the deleted text begin information deleted text end new text begin data new text end required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time
period that the person is required to register. The
superintendent shall maintain this deleted text begin information deleted text end new text begin data new text end in a manner
that ensures that it is readily available to law enforcement
agencies. This deleted text begin information deleted text end new text begin data new text end is private data on individuals
under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. new text begin State-operated services,
as defined in section 246.014, is also authorized to have access
to the data for the purposes described in section 246.13,
subdivision 2, paragraph (b).
new text end

Sec. 47.

Minnesota Statutes 2004, section 518.165, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Background study of guardian ad litem. new text end

new text begin (a) The
court shall initiate a background study through the commissioner
of human services under section 245C.32 on every guardian ad
litem appointed under this section if a background study has not
been completed on the guardian ad litem within the past three
years. The background study must be completed before the court
appoints the guardian ad litem, unless the court determines that
it is in the best interest of the child to appoint a guardian ad
litem before a background study can be completed by the
commissioner. The court shall initiate a subsequent background
study under this paragraph once every three years after the
guardian has been appointed as long as the individual continues
to serve as a guardian ad litem.
new text end

new text begin (b) The background study must include criminal history data
from the Bureau of Criminal Apprehension, other criminal history
data held by the commissioner of human services, and data
regarding whether the person has been a perpetrator of
substantiated maltreatment of a minor or a vulnerable adult.
When the information from the Bureau of Criminal Apprehension
indicates that the subject of a study under paragraph (a) is a
multistate offender or that the subject's multistate offender
status is undetermined, the court shall require a search of the
National Criminal Records Repository, and shall provide the
commissioner a set of classifiable fingerprints of the subject
of the study.
new text end

new text begin (c) The Minnesota Supreme Court shall pay the commissioner
a fee for conducting a background study under section 245C.32.
new text end

new text begin (d) Nothing precludes the court from initiating background
studies using court data on criminal convictions.
new text end

Sec. 48.

Minnesota Statutes 2004, section 518.165, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Procedure, criminal history, and maltreatment
records background study. new text end

new text begin (a) When the court requests a
background study under subdivision 4, paragraph (a), the request
shall be submitted to the Department of Human Services through
the department's electronic online background study system.
new text end

new text begin (b) When the court requests a search of the National
Criminal Records Repository, the court must provide a set of
classifiable fingerprints of the subject of the study on a
fingerprint card provided by the commissioner of human services.
new text end

new text begin (c) The commissioner of human services shall provide the
court with information from the Bureau of Criminal
Apprehension's Criminal Justice Information System, other
criminal history data held by the commissioner of human
services, and data regarding substantiated maltreatment of a
minor under section 626.556, and substantiated maltreatment of a
vulnerable adult under section 626.557, within 15 working days
of receipt of a request. If the subject of the study has been
determined by the Department of Human Services or the Department
of Health to be the perpetrator of substantiated maltreatment of
a minor or vulnerable adult in a licensed facility, the response
must include a copy of the public portion of the investigation
memorandum under section 626.556, subdivision 10f, or the public
portion of the investigation memorandum under section 626.557,
subdivision 12b. When the background study shows that the
subject has been determined by a county adult protection or
child protection agency to have been responsible for
maltreatment, the court shall be informed of the county, the
date of the finding, and the nature of the maltreatment that was
substantiated. The commissioner shall provide the court with
information from the National Criminal Records Repository within
three working days of the commissioner's receipt of the data.
When the commissioner finds no criminal history or substantiated
maltreatment on a background study subject, the commissioner
shall make these results available to the court electronically
through the secure online background study system.
new text end

new text begin (d) Notwithstanding section 626.556, subdivision 10f, or
626.557, subdivision 12b, if the commissioner or county lead
agency has information that a person on whom a background study
was previously done under this section has been determined to be
a perpetrator of maltreatment of a minor or vulnerable adult,
the commissioner or the county may provide this information to
the court that requested the background study.
new text end

Sec. 49.

Minnesota Statutes 2004, section 518.165, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Rights. new text end

new text begin The court shall notify the subject of a
background study that the subject has the following rights:
new text end

new text begin (1) the right to be informed that the court will request a
background study on the subject for the purpose of determining
whether the person's appointment or continued appointment is in
the best interests of the child;
new text end

new text begin (2) the right to be informed of the results of the study
and to obtain from the court a copy of the results; and
new text end

new text begin (3) the right to challenge the accuracy and completeness of
the information contained in the results to the agency
responsible for creation of the data except to the extent
precluded by section 256.045, subdivision 3.
new text end

Sec. 50.

Minnesota Statutes 2004, section 609A.03,
subdivision 7, is amended to read:

Subd. 7.

Limitations of order.

(a) Upon issuance of an
expungement order related to a charge supported by probable
cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension shall not be sealed, returned to the
subject of the record, or destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; deleted text begin and
deleted text end

(2) an expunged record of a conviction may be opened for
purposes of evaluating a prospective employee in a criminal
justice agency without a court order new text begin ; and
new text end

new text begin (3) an expunged record of a conviction may be opened for
purposes of a background study under section 245C.08 unless the
court order for expungement is directed specifically to the
commissioner of human services new text end .

Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section, a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.

Sec. 51.

Minnesota Statutes 2004, section 626.556,
subdivision 10i, is amended to read:

Subd. 10i.

Administrative reconsideration of final
determination of maltreatment and disqualification based on
serious or recurring maltreatment; review panel.

(a) Except as
provided under paragraph (e), an individual or facility that the
commissioner of human services, a local social service agency,
or the commissioner of education determines has maltreated a
child, an interested person acting on behalf of the child,
regardless of the determination, who contests the investigating
agency's final determination regarding maltreatment, may request
the investigating agency to reconsider its final determination
regarding maltreatment. The request for reconsideration must be
submitted in writing to the investigating agency within 15
calendar days after receipt of notice of the final determination
regarding maltreatment or, if the request is made by an
interested person who is not entitled to notice, within 15 days
after receipt of the notice by the parent or guardian of the
child. new text begin If mailed, the request for reconsideration must be
postmarked and sent to the investigating agency within 15
calendar days of the individual's or facility's receipt of the
final determination. If the request for reconsideration is made
by personal service, it must be received by the investigating
agency within 15 calendar days after the individual's or
facility's receipt of the final determination. new text end Effective
January 1, 2002, an individual who was determined to have
maltreated a child under this section and who was disqualified
on the basis of serious or recurring maltreatment under sections
245C.14 and 245C.15, may request reconsideration of the
maltreatment determination and the disqualification. The
request for reconsideration of the maltreatment determination
and the disqualification must be submitted within 30 calendar
days of the individual's receipt of the notice of
disqualification under sections 245C.16 and 245C.17. new text begin If mailed,
the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and
sent to the investigating agency within 30 calendar days of the
individual's receipt of the maltreatment determination and
notice of disqualification. If the request for reconsideration
is made by personal service, it must be received by the
investigating agency within 30 calendar days after the
individual's receipt of the notice of disqualification.
new text end

(b) Except as provided under paragraphs (e) and (f), if the
investigating agency denies the request or fails to act upon the
request within 15 deleted text begin calendar deleted text end new text begin working new text end days after receiving the
request for reconsideration, the person or facility entitled to
a fair hearing under section 256.045 may submit to the
commissioner of human services or the commissioner of education
a written request for a hearing under that section. Section
256.045 also governs hearings requested to contest a final
determination of the commissioner of education. For reports
involving maltreatment of a child in a facility, an interested
person acting on behalf of the child may request a review by the
Child Maltreatment Review Panel under section 256.022 if the
investigating agency denies the request or fails to act upon the
request or if the interested person contests a reconsidered
determination. The investigating agency shall notify persons
who request reconsideration of their rights under this
paragraph. The request must be submitted in writing to the
review panel and a copy sent to the investigating agency within
30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The
request must specifically identify the aspects of the agency
determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the
investigating agency changes the final determination of
maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an
individual or facility contests the investigating agency's final
determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human
services shall assure that the hearing is conducted and a
decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended
for as many days as the hearing is postponed or the record is
held open for the benefit of either party.

(e) Effective January 1, 2002, if an individual was
disqualified under sections 245C.14 and 245C.15, on the basis of
a determination of maltreatment, which was serious or recurring,
and the individual has requested reconsideration of the
maltreatment determination under paragraph (a) and requested
reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination
and reconsideration of the disqualification shall be
consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied or the
disqualification is not set aside under sections 245C.21 to
245C.27, the individual may request a fair hearing under section
256.045. If an individual requests a fair hearing on the
maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment
determination and the disqualification.

(f) Effective January 1, 2002, if a maltreatment
determination or a disqualification based on serious or
recurring maltreatment is the basis for a denial of a license
under section 245A.05 or a licensing sanction under section
245A.07, the license holder has the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612. As provided for under section 245A.08, subdivision
2a, the scope of the contested case hearing shall include the
maltreatment determination, disqualification, and licensing
sanction or denial of a license. In such cases, a fair hearing
regarding the maltreatment determination shall not be conducted
under paragraph (b). new text begin When a fine is based on a determination
that the license holder is responsible for maltreatment and the
fine is issued at the same time as the maltreatment
determination, if the license holder appeals the maltreatment
and fine, reconsideration of the maltreatment determination
shall not be conducted under this section. new text end If the disqualified
subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C,
the hearings of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the
administrative law judge.

(g) For purposes of this subdivision, "interested person
acting on behalf of the child" means a parent or legal guardian;
stepparent; grandparent; guardian ad litem; adult stepbrother,
stepsister, or sibling; or adult aunt or uncle; unless the
person has been determined to be the perpetrator of the
maltreatment.

Sec. 52.

Minnesota Statutes 2004, section 626.557,
subdivision 9d, is amended to read:

Subd. 9d.

Administrative reconsideration of final
disposition of maltreatment and disqualification based on
serious or recurring maltreatment; review panel.

(a) Except as
provided under paragraph (e), any individual or facility which a
lead agency determines has maltreated a vulnerable adult, or the
vulnerable adult or an interested person acting on behalf of the
vulnerable adult, regardless of the lead agency's determination,
who contests the lead agency's final disposition of an
allegation of maltreatment, may request the lead agency to
reconsider its final disposition. The request for
reconsideration must be submitted in writing to the lead agency
within 15 calendar days after receipt of notice of final
disposition or, if the request is made by an interested person
who is not entitled to notice, within 15 days after receipt of
the notice by the vulnerable adult or the vulnerable adult's
legal guardian. new text begin If mailed, the request for reconsideration must
be postmarked and sent to the lead agency within 15 calendar
days of the individual's or facility's receipt of the final
disposition. If the request for reconsideration is made by
personal service, it must be received by the lead agency within
15 calendar days of the individual's or facility's receipt of
the final disposition. new text end An individual who was determined to have
maltreated a vulnerable adult under this section and who was
disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration
of the maltreatment determination and the disqualification. The
request for reconsideration of the maltreatment determination
and the disqualification must be submitted new text begin in writing new text end within 30
calendar days of the individual's receipt of the notice of
disqualification under sections 245C.16 and 245C.17. new text begin If mailed,
the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and
sent to the lead agency within 30 calendar days of the
individual's receipt of the notice of disqualification. If the
request for reconsideration is made by personal service, it must
be received by the lead agency within 30 calendar days after the
individual's receipt of the notice of disqualification.
new text end

(b) Except as provided under paragraphs (e) and (f), if the
lead agency denies the request or fails to act upon the request
within 15 deleted text begin calendar deleted text end new text begin working new text end days after receiving the request for
reconsideration, the person or facility entitled to a fair
hearing under section 256.045, may submit to the commissioner of
human services a written request for a hearing under that
statute. The vulnerable adult, or an interested person acting
on behalf of the vulnerable adult, may request a review by the
Vulnerable Adult Maltreatment Review Panel under section 256.021
if the lead agency denies the request or fails to act upon the
request, or if the vulnerable adult or interested person
contests a reconsidered disposition. The lead agency shall
notify persons who request reconsideration of their rights under
this paragraph. The request must be submitted in writing to the
review panel and a copy sent to the lead agency within 30
calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered disposition. The request
must specifically identify the aspects of the agency
determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the
lead agency changes the final disposition, it shall notify the
parties specified in subdivision 9c, paragraph (d).

(d) For purposes of this subdivision, "interested person
acting on behalf of the vulnerable adult" means a person
designated in writing by the vulnerable adult to act on behalf
of the vulnerable adult, or a legal guardian or conservator or
other legal representative, a proxy or health care agent
appointed under chapter 145B or 145C, or an individual who is
related to the vulnerable adult, as defined in section 245A.02,
subdivision 13.

(e) If an individual was disqualified under sections
245C.14 and 245C.15, on the basis of a determination of
maltreatment, which was serious or recurring, and the individual
has requested reconsideration of the maltreatment determination
under paragraph (a) and reconsideration of the disqualification
under sections 245C.21 to 245C.27, reconsideration of the
maltreatment determination and requested reconsideration of the
disqualification shall be consolidated into a single
reconsideration. If reconsideration of the maltreatment
determination is denied or if the disqualification is not set
aside under sections 245C.21 to 245C.27, the individual may
request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and
the disqualification, the scope of the fair hearing shall
include both the maltreatment determination and the
disqualification.

(f) If a maltreatment determination or a disqualification
based on serious or recurring maltreatment is the basis for a
denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right
to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8505 to 1400.8612. As provided for under
section 245A.08, the scope of the contested case hearing shall
include the maltreatment determination, disqualification, and
licensing sanction or denial of a license. In such cases, a
fair hearing shall not be conducted under paragraph (b). new text begin When a
fine is based on a determination that the license holder is
responsible for maltreatment and the fine is issued at the same
time as the maltreatment determination, if the license holder
appeals the maltreatment and fine, reconsideration of the
maltreatment determination shall not be conducted under this
section. new text end If the disqualified subject is an individual other
than the license holder and upon whom a background study must be
conducted under chapter 245C, the hearings of all parties may be
consolidated into a single contested case hearing upon consent
of all parties and the administrative law judge.

(g) Until August 1, 2002, an individual or facility that
was determined by the commissioner of human services or the
commissioner of health to be responsible for neglect under
section 626.5572, subdivision 17, after October 1, 1995, and
before August 1, 2001, that believes that the finding of neglect
does not meet an amended definition of neglect may request a
reconsideration of the determination of neglect. The
commissioner of human services or the commissioner of health
shall mail a notice to the last known address of individuals who
are eligible to seek this reconsideration. The request for
reconsideration must state how the established findings no
longer meet the elements of the definition of neglect. The
commissioner shall review the request for reconsideration and
make a determination within 15 calendar days. The
commissioner's decision on this reconsideration is the final
agency action.

(1) For purposes of compliance with the data destruction
schedule under subdivision 12b, paragraph (d), when a finding of
substantiated maltreatment has been changed as a result of a
reconsideration under this paragraph, the date of the original
finding of a substantiated maltreatment must be used to
calculate the destruction date.

(2) For purposes of any background studies under chapter
245C, when a determination of substantiated maltreatment has
been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under
chapter 245C that was based on this determination of
maltreatment shall be rescinded, and for future background
studies under chapter 245C the commissioner must not use the
previous determination of substantiated maltreatment as a basis
for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing
board under section 245C.31.

Sec. 53.

Minnesota Statutes 2004, section 626.557,
subdivision 14, is amended to read:

Subd. 14.

Abuse prevention plans.

(a) Each facility,
except home health agencies and personal care attendant services
providers, shall establish and enforce an ongoing written abuse
prevention plan. The plan shall contain an assessment of the
physical plant, its environment, and its population identifying
factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse.
The plan shall comply with any rules governing the plan
promulgated by the licensing agency.

(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them. The plan shall
contain an individualized assessment of the person's
susceptibility to abuse by other individuals, including other
vulnerable adults, and a statement of the specific measures to
be taken to minimize the risk of abuse to that person new text begin and others new text end .
For the purposes of this deleted text begin clause deleted text end new text begin paragraph new text end , the term "abuse"
includes self-abuse.

new text begin (c) If the facility knows that the vulnerable adult has
committed a violent crime or an act of physical aggression
toward others, the individual abuse prevention plan must detail
the measures to be taken to minimize the risk that the
vulnerable adult might reasonably be expected to pose to
visitors to the facility and persons outside the facility, if
unsupervised. Under this section, a facility knows of a
vulnerable adult's history of criminal misconduct or physical
aggression if it receives such information from a law
enforcement authority or through a medical record prepared by
another facility, another health care provider, or the
facility's ongoing assessments of the vulnerable adult.
new text end

Sec. 54. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed.
new text end