Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 304--S.F.No. 87
           An act relating to public welfare; exempting 
          determinations of eligibility for day care and foster 
          care licenses from application of the Minnesota 
          criminal offenders rehabilitation law; requiring 
          arrest information and reports to be made available to 
          the commissioner of public welfare for the purpose of 
          investigating applicants for a day care or residential 
          facility license; establishing the burden of proof in 
          certain appeals; providing for appointment of 
          guardianship of children whose parents are deceased; 
          amending Minnesota Statutes 1982, sections 245.783, 
          subdivision 3; 245.801, subdivision 4; 260.242, 
          subdivision 2, and by adding a subdivision; and 364.09.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 245.783, 
subdivision 3, is amended to read: 
    Subd. 3.  [STUDY OF APPLICANT.] Before issuing a license or 
renewing a license, the commissioner shall conduct a study of 
the applicant and the agency or the day care or residential 
facility.  The bureau of criminal apprehension, a county 
attorney, a county sheriff, and a chief of a local police 
department with the informed consent of, after notice to the 
subject of the data, shall assist in this study by providing to 
the commissioner, the director of any local agency responsible 
for licensing, or their representatives all criminal conviction 
data, arrest information, reports regarding abuse or neglect of 
children, and investigation results available from local, state, 
and national criminal history record repositories, including the 
criminal justice data communications network, pertaining to the 
following individuals connected with the application for or 
renewal of a license:  applicants, operators, all persons living 
in the household, all staff of any day care or residential 
facility and all staff of agencies placing children for care.  
If the commissioner is satisfied that the provisions of sections 
245.781 to 245.812 and 252.28, subdivision 2 and the applicable 
rules and regulations promulgated by him are substantially met, 
a license shall be issued.  If the results of the study indicate 
that all of the applicable laws, and rules and regulations 
cannot be met immediately, but can and will be met within one 
year or less, and the deviations do not threaten the health, 
rights, or safety of persons to be served, a provisional license 
may be issued for a period not to exceed one year from the date 
of issuance. 
    The commissioner may request advice from persons using the 
facility, agency, or service, operators of a similar facility, 
agency, or service, and relevant professionals as part of the 
evaluation of an applicant.  
    Sec. 2.  Minnesota Statutes 1982, section 245.801, 
subdivision 4, is amended to read: 
    Subd. 4.  [SUSPENSION; APPEAL.] An operator whose license 
the commissioner proposes to suspend, revoke, or make 
probationary shall be given notice by certified mail addressed 
to the location shown on the license.  The notice shall contain 
a statement of, and the reasons for, the proposed action and 
shall inform the operator of his right to appeal the decision to 
the commissioner, in writing, within ten days after receipt of 
the notice of the proposed action.  Upon receiving a timely 
written appeal, the commissioner shall give the operator 
reasonable notice and an opportunity for a prompt hearing before 
an impartial hearing examiner.  The local welfare agency may 
demonstrate reasonable cause to revoke, suspend, not renew, or 
make probationary a family foster care or family day care 
license by submitting reports, statements, affidavits, or other 
reliable hearsay to substantiate the allegations of 
noncompliance with rules promulgated by the commissioner 
pursuant to section 245.802 governing family foster care 
licensing and family day care licensing.  Upon demonstration by 
the agency that reasonable cause exists to take the proposed 
action with respect to a family foster care or family day care 
license, the burden of proof shifts to the licensee to 
demonstrate compliance with the rule by a preponderance of the 
evidence.  The hearing examiner shall make a recommendation to 
the commissioner as to whether the license shall be suspended, 
revoked, or made probationary.  However, if the commissioner 
finds that the health, safety or rights of the persons served by 
the facility or agency are in imminent danger, he shall order 
the immediate suspension of the license.  The operator shall be 
given written notice of the order by personal service. The 
notice shall contain a statement of the reasons for the 
suspension and shall inform the operator of his right to 
petition the commissioner for reconsideration of the order.  The 
petition shall be in writing and shall be made within five days 
after the personal service of the order.  Upon receiving a 
timely written petition, the commissioner shall give the 
operator reasonable notice and an opportunity for a prompt 
hearing before an impartial hearing examiner with respect to the 
order of suspension of the license.  The hearing examiner shall 
make a recommendation to the commissioner as to whether the 
order of suspension should be affirmed or reversed.  The 
commissioner shall not be bound by the recommendation of the 
hearing examiner.  The final decision of the commissioner shall 
be served on the operator by personal service, and shall inform 
the applicant of his rights under chapter 14 and as stated in 
this section.  
    Sec. 3.  Minnesota Statutes 1982, section 260.242, is 
amended by adding a subdivision to read:  
    Subd. 1b.  [BOTH PARENTS DECEASED.] If upon petition to the 
juvenile court by a reputable person, including but not limited 
to an agent of the commissioner of public welfare, and upon 
hearing in the manner provided in section 260.155, the court 
finds that both parents are deceased and no appointment has been 
made or petition for appointment filed pursuant to sections 
525.615 to 525.6185, the court shall order the guardianship and 
legal custody of the child transferred to:  
    (a) the commissioner of public welfare;  
    (b) a licensed child placing agency; or 
    (c) an individual who is willing and capable of assuming 
the appropriate duties and responsibilities to the child.  
    Sec. 4.  Minnesota Statutes 1982, section 260.242, 
subdivision 2, is amended to read: 
    Subd. 2.  [GUARDIAN'S POWERS.] (a) A guardian appointed 
under the provisions of subdivision 1 this section has legal 
custody of his ward unless the court which appoints him gives 
legal custody to some other person.  If the court awards custody 
to a person other than the guardian, the guardian nonetheless 
has the right and responsibility of reasonable visitation, 
except as limited by court order.  
    (b) The guardian may make major decisions affecting the 
person of his ward, including but not limited to giving consent 
(when consent is legally required) to the marriage, enlistment 
in the armed forces, medical, surgical, or psychiatric 
treatment, or adoption of the ward.  When, pursuant to 
subdivision 1, clause (a) this section, the commissioner of 
public welfare is appointed guardian, he may delegate to the 
welfare board of the county in which, after the appointment, the 
ward resides, the authority to act for him in decisions 
affecting the person of his ward, including but not limited to 
giving consent to the marriage, enlistment in the armed forces, 
medical, surgical, or psychiatric treatment of the ward.  
    (c) A guardianship created under the provisions of 
subdivision 1 this section shall not of itself include the 
guardianship of the estate of the ward.  
    Sec. 5.  Minnesota Statutes 1982, section 364.09, is 
amended to read: 
    364.09 [LAW ENFORCEMENT; EXCEPTION.] 
    This chapter shall not apply to the practice of law 
enforcement; but or to eligibility for a family day care license 
or a family foster care license.  Nothing in this section shall 
be construed to preclude the Minnesota police and peace officers 
training board from recommending policies set forth in this 
chapter to the attorney general for adoption in his discretion 
to apply to law enforcement. 
    Approved June 9, 1983