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Minnesota Legislature

Office of the Revisor of Statutes

HF 2265

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/01/2019 05:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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

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

Section 1.

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


Subd. 2.

Permanent bar to set aside a disqualification.

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

(b) For an individual deleted text beginin the chemical dependency or corrections fielddeleted text end who was disqualified
for a crime or conduct listed under section 245C.15, subdivision 1, and deleted text beginwhose disqualification
was set aside prior to July 1, 2005
deleted text endnew text begin more than 20 years have passed since the discharge of
the sentence imposed or, if the disqualification is not based on a conviction, more than 20
years have passed since the individual committed the act upon which the disqualification
was based
new text end, the commissioner must consider granting a new text beginset aside or new text endvariance pursuant to
section new text begin245C.22 or new text end245C.30 for the license holder for a program dealing primarily with
adults. deleted text beginA request for reconsideration evaluated under this paragraph must include a letter
of recommendation from the license holder that was subject to the prior set-aside decision
addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service
deleted text endnew text begin This paragraph does not apply
to a person disqualified based on a violation of sections 609.342 to 609.3453; 617.23,
subdivision 2, clause (1), or subdivision 3, clause (1); 617.246; or 617.247
new text end.

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