SF 977

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to human services; extending the bars to set aside disqualifications to
corporate adult foster care and corporate child foster care; amending Minnesota
Statutes 2008, section 245C.24, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2008, 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 new text begin or
corporate home new text end , or foster care or day care services for adults in the provider's home new text begin or
corporate home new text end if: (1) less than ten years has passed since the discharge of the sentence
imposed, if any, for the offense; or (2) when disqualified based on a preponderance
of evidence determination under section 245C.14, subdivision 1, paragraph (a), clause
(2), or an admission under section 245C.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) the individual has committed 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); 609.229 (crimes committed for benefit
of a gang); 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); repeat offenses
under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material
to minors); a felony-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); 609.72, subdivision 3 (disorderly conduct
against a vulnerable adult); or 624.713 (certain persons not to possess firearms).

(b) The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting, attempt, 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. 2.

Minnesota Statutes 2008, section 245C.24, subdivision 4, is amended to read:

Subd. 4.

Seven-year bar to set aside 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 new text begin or corporate
home new text end , or foster care or day care services for adults in the provider's home new text begin or corporate
home new text end if within seven years preceding the study:

(1) the individual committed an act that constitutes maltreatment of a child under
section 626.556, subdivision 10e, and the maltreatment resulted in substantial bodily harm
as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as
supported by competent psychological or psychiatric evidence; or

(2) the individual was determined under section 626.557 to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult that resulted in substantial
bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or
emotional harm as supported by competent psychological or psychiatric evidence.