Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 292-S.F.No. 2692
An act relating to human services; modifying
requirements for background studies; requiring a
review and report to the legislature on these
requirements; limiting authority of commissioner of
human services to set aside a disqualification;
modifying list of disqualifying crimes; requesting a
study and recommendations regarding methods for
tracking civil actions involving sexual abuse;
amending Minnesota Statutes 2001 Supplement, section
245A.04, subdivisions 3b, 3d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2001 Supplement, section
245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The
individual who is the subject of the disqualification may
request a reconsideration of the disqualification.
The individual must submit the request for reconsideration
to the commissioner in writing. A request for reconsideration
for an individual who has been sent a notice of disqualification
under subdivision 3a, paragraph (b), clause (1) or (2), must be
submitted within 30 calendar days of the disqualified
individual's receipt of the notice of disqualification. Upon
showing that the information in clause (1) or (2) cannot be
obtained within 30 days, the disqualified individual may request
additional time, not to exceed 30 days, to obtain that
information. A request for reconsideration for an individual
who has been sent a notice of disqualification under subdivision
3a, paragraph (b), clause (3), must be submitted within 15
calendar days of the disqualified individual's receipt of the
notice of disqualification. An individual who was determined to
have maltreated a child under section 626.556 or a vulnerable
adult under section 626.557, and who was disqualified under this
section on the basis of serious or recurring maltreatment, may
request reconsideration of both the maltreatment and the
disqualification determinations. 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.
Removal of a disqualified individual from direct contact shall
be ordered if the individual does not request reconsideration
within the prescribed time, and for an individual who submits a
timely request for reconsideration, if the disqualification is
not set aside. The individual must present information showing
that:
(1) the information the commissioner relied upon is
incorrect or inaccurate. If the basis of a reconsideration
request is that a maltreatment determination or disposition
under section 626.556 or 626.557 is incorrect, and the
commissioner has issued a final order in an appeal of that
determination or disposition under section 256.045 or 245A.08,
subdivision 5, the commissioner's order is conclusive on the
issue of maltreatment. If the individual did not request
reconsideration of the maltreatment determination, the
maltreatment determination is deemed conclusive; or
(2) the subject of the study does not pose a risk of harm
to any person served by the applicant, license holder, or
registrant under section 144A.71, subdivision 1.
(b) The commissioner shall rescind the disqualification if
the commissioner finds that the information relied on to
disqualify the subject is incorrect. The commissioner may set
aside the disqualification under this section if the
commissioner finds that the individual does not pose a risk of
harm to any person served by the applicant, license holder, or
registrant under section 144A.71, subdivision 1. In determining
that an individual does not pose a risk of harm, the
commissioner shall consider the nature, severity, and
consequences of the event or events that lead to
disqualification, whether there is more than one disqualifying
event, the age and vulnerability of the victim at the time of
the event, the harm suffered by the victim, the similarity
between the victim and persons served by the program, the time
elapsed without a repeat of the same or similar event,
documentation of successful completion by the individual studied
of training or rehabilitation pertinent to the event, and any
other information relevant to reconsideration. In reviewing a
disqualification under this section, the commissioner shall give
preeminent weight to the safety of each person to be served by
the license holder, applicant, or registrant under section
144A.71, subdivision 1, over the interests of the license
holder, applicant, or registrant under section 144A.71,
subdivision 1.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may
not set aside the disqualification of an individual in
connection with a license to provide family day 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 if:
(1) less than ten years have passed since the discharge of
the sentence imposed for the offense; and the individual has
been convicted of a violation of any offense listed in sections
609.20 (manslaughter in the first degree), 609.205 (manslaughter
in the second degree), 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 609.221 to
609.223 or 609.2231 (assault in the first, second, third, or
fourth degree), 609.713 (terroristic threats), 609.235 (use of
drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.561 or 609.562 (arson in the
first or second degree), 609.71 (riot), 609.498, subdivision 1
or 1a (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), 609.228 (great bodily
harm caused by distribution of drugs), 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 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 an attempt
or conspiracy to commit any of these offenses, as each of these
offenses is defined in Minnesota Statutes; or an offense in any
other state, the elements of which are substantially similar to
the elements of any of the foregoing offenses;
(2) regardless of how much time has passed since the
involuntary termination of parental rights under section
260C.301 or the discharge of the sentence imposed for the
offense, the individual was convicted of a violation of any
offense listed in sections 609.185 to 609.195 (murder in the
first, second, or third degree), 609.20 (manslaughter in the
first degree), 609.205 (manslaughter in the second degree),
609.245 (aggravated robbery), 609.25 (kidnapping), 609.561
(arson in the first degree), 609.749, subdivision 3, 4, or 5
(felony-level harassment; stalking), 609.228 (great bodily harm
caused by distribution of drugs), 609.221 or 609.222 (assault in
the first or second degree), 609.66, subdivision 1e (drive-by
shooting), 609.855, subdivision 5 (shooting in or at a public
transit vehicle or facility), 609.2661 to 609.2663 (murder of an
unborn child in the first, second, or third degree), a felony
offense under 609.377 (malicious punishment of a child), a
felony offense under 609.324, subdivision 1 (other prohibited
acts), a felony offense under 609.378 (neglect or endangerment
of a child), 609.322 (solicitation, inducement, and promotion of
prostitution), 609.342 to 609.345 (criminal sexual conduct in
the first, second, third, or fourth degree), 609.352
(solicitation of children to engage in sexual conduct), 617.246
(use of minors in a sexual performance), 617.247 (possession of
pictorial representations of a minor), 609.365 (incest), a
felony offense under sections 609.2242 and 609.2243 (domestic
assault), a felony offense of spousal abuse, a felony offense of
child abuse or neglect, a felony offense of a crime against
children, or an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes, or an offense in any
other state, the elements of which are substantially similar to
any of the foregoing offenses;
(3) within the seven years preceding the study, the
individual committed an act that constitutes maltreatment of a
child under section 626.556, subdivision 10e, and 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; or
(4) within the seven years preceding the study, 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.
In the case of any ground for disqualification under
clauses (1) to (4), if the act was committed by an individual
other than the applicant, license holder, or registrant under
section 144A.71, subdivision 1, residing in the applicant's or
license holder's home, or the home of a registrant under section
144A.71, subdivision 1, the applicant, license holder, or
registrant under section 144A.71, subdivision 1, may seek
reconsideration when the individual who committed the act no
longer resides in the home.
The disqualification periods provided under clauses (1),
(3), and (4) are the minimum applicable disqualification
periods. The commissioner may determine that an individual
should continue to be disqualified from licensure or
registration under section 144A.71, subdivision 1, because the
license holder, applicant, or registrant under section 144A.71,
subdivision 1, poses a risk of harm to a person served by that
individual after the minimum disqualification period has passed.
(d) The commissioner shall respond in writing or by
electronic transmission to all reconsideration requests for
which the basis for the request is that the information relied
upon by the commissioner to disqualify is incorrect or
inaccurate within 30 working days of receipt of a request and
all relevant information. If the basis for the request is that
the individual does not pose a risk of harm, the commissioner
shall respond to the request within 15 working days after
receiving the request for reconsideration and all relevant
information. If the request is based on both the correctness or
accuracy of the information relied on to disqualify the
individual and the risk of harm, the commissioner shall respond
to the request within 45 working days after receiving the
request for reconsideration and all relevant information. If
the disqualification is set aside, the commissioner shall notify
the applicant or license holder in writing or by electronic
transmission of the decision.
(e) Except as provided in subdivision 3c, if a
disqualification is not set aside or is not rescinded, an
individual who was 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 lists in subdivision
3d, paragraph (a), clauses (1) to (4); or for failure to make
required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, pursuant to subdivision 3d, paragraph
(a), clause (4), may request a fair hearing under section
256.045. Except as provided under subdivision 3c, the
commissioner's final order for an individual under this
paragraph is conclusive on the issue of maltreatment and
disqualification, including for purposes of subsequent studies
conducted under subdivision 3, 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.
(f) Except as provided under subdivision 3c, if an
individual was disqualified on the basis of a determination of
maltreatment under section 626.556 or 626.557, which was serious
or recurring, and the individual has requested reconsideration
of the maltreatment determination under section 626.556,
subdivision 10i, or 626.557, subdivision 9d, and also requested
reconsideration of the disqualification under this subdivision,
reconsideration of the maltreatment determination and
reconsideration of the disqualification shall be consolidated
into a single reconsideration. For maltreatment and
disqualification determinations made by county agencies, the
consolidated reconsideration shall be conducted by the county
agency. Except as provided under subdivision 3c, if an
individual who was disqualified on the basis of serious or
recurring maltreatment requests a fair hearing on the
maltreatment determination under section 626.556, subdivision
10i, or 626.557, subdivision 9d, the scope of the fair hearing
under section 256.045 shall include the maltreatment
determination and the disqualification. Except as provided
under subdivision 3c, the commissioner's final order for an
individual under this paragraph is conclusive on the issue of
maltreatment and disqualification, including for purposes of
subsequent studies conducted under subdivision 3, 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.
(g) In the notice from the commissioner that a
disqualification has been set aside, the license holder must be
informed that information about the nature of the
disqualification and which factors under paragraph (b) were the
bases of the decision to set aside the disqualification is
available to the license holder upon request without consent of
the background study subject. With the written consent of a
background study subject, the commissioner may release to the
license holder copies of all information related to the
background study subject's disqualification and the
commissioner's decision to set aside the disqualification as
specified in the written consent.
Sec. 2. Minnesota Statutes 2001 Supplement, section
245A.04, subdivision 3d, is amended to read:
Subd. 3d. [DISQUALIFICATION.] (a) Upon receipt of
information showing, or when a background study completed under
subdivision 3 shows any of the following: a conviction of one
or more crimes listed in clauses (1) to (4); the individual has
admitted to or a preponderance of the evidence indicates the
individual has committed an act or acts that meet the definition
of any of the crimes listed in clauses (1) to (4); or an
investigation results in an administrative determination listed
under clause (4), the individual shall be disqualified from any
position allowing direct contact with persons receiving services
from the license holder, entity identified in subdivision 3,
paragraph (a), or registrant under section 144A.71, subdivision
1, and for individuals studied under section 245A.04,
subdivision 3, paragraph (c), clauses (2), (6), and (7), the
individual shall also be disqualified from access to a person
receiving services from the license holder:
(1) regardless of how much time has passed since the
involuntary termination of parental rights under section
260C.301 or the discharge of the sentence imposed for the
offense, and unless otherwise specified, regardless of the level
of the conviction, the individual was convicted of 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); 609.2661 (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); 609.20 (manslaughter in the first degree); 609.205
(manslaughter in the second degree); 609.221 or 609.222 (assault
in the first or second degree); 609.228 (great bodily harm
caused by distribution of drugs); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.561 (arson in the first degree);
609.749, subdivision 3, 4, or 5 (felony-level harassment;
stalking); 609.66, subdivision 1e (drive-by shooting); 609.855,
subdivision 5 (shooting at or in a public transit vehicle or
facility); 609.322 (solicitation, inducement, and promotion of
prostitution); 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); felony offense under 609.377 (malicious punishment of
a child); a felony offense under 609.378 (neglect or
endangerment of a child); a felony offense under 609.324,
subdivision 1 (other prohibited acts); 617.246 (use of minors in
sexual performance prohibited); 617.247 (possession of pictorial
representations of minors); a felony offense under sections
609.2242 and 609.2243 (domestic assault), a felony offense of
spousal abuse, a felony offense of child abuse or neglect, a
felony offense of a crime against children; or attempt or
conspiracy to commit any of these offenses as defined in
Minnesota Statutes, or an offense in any other state or country,
where the elements are substantially similar to any of the
offenses listed in this clause;
(2) if less than 15 years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a felony conviction for a violation of any of these
offenses: sections 609.20 (manslaughter in the first degree);
609.205 (manslaughter in the second degree); 609.21 (criminal
vehicular homicide and injury); 609.165 (felon ineligible to
possess firearm); 609.215 (suicide); 609.221 to 609.223 or
609.2231 (assault in the first, second, third, or fourth
degree); repeat offenses under 609.224 (assault in the fifth
degree); repeat offenses under 609.3451 (criminal sexual conduct
in the fifth degree); 609.498, subdivision 1 or 1a (aggravated
first degree or first degree tampering with a witness); 609.713
(terroristic threats); 609.235 (use of drugs to injure or
facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
609.561 (arson in the first degree); 609.562 (arson in the
second degree); 609.563 (arson in the third degree); repeat
offenses under 617.23 (indecent exposure; penalties); repeat
offenses under 617.241 (obscene materials and performances;
distribution and exhibition prohibited; penalty); 609.71 (riot);
609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); 609.749 (harassment; stalking;
penalties); 609.228 (great bodily harm caused by distribution of
drugs); 609.2325 (criminal abuse of a vulnerable adult);
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); 609.52 (theft); 609.2335 (financial exploitation of a
vulnerable adult); 609.521 (possession of shoplifting gear);
609.582 (burglary); 609.625 (aggravated forgery); 609.63
(forgery); 609.631 (check forgery; offering a forged check);
609.635 (obtaining signature by false pretense); 609.27
(coercion); 609.275 (attempt to coerce); 609.687 (adulteration);
260C.301 (grounds for termination of parental rights); chapter
152 (drugs; controlled substance); and a felony level conviction
involving alcohol or drug use. An attempt or conspiracy to
commit any of these offenses, as each of these offenses is
defined in Minnesota Statutes; or an offense in any other state
or country, the elements of which are substantially similar to
the elements of the offenses in this clause. If the individual
studied is convicted of one of the felonies listed in this
clause, but the sentence is a gross misdemeanor or misdemeanor
disposition, the lookback period for the conviction is the
period applicable to the disposition, that is the period for
gross misdemeanors or misdemeanors;
(3) if less than ten years have passed since the discharge
of the sentence imposed for the offense; and the individual has
received a gross misdemeanor conviction for a violation of any
of the following offenses: sections 609.224 (assault in the
fifth degree); 609.2242 and 609.2243 (domestic assault);
violation of an order for protection under 518B.01, subdivision
14; 609.3451 (criminal sexual conduct in the fifth degree);
repeat offenses under 609.746 (interference with privacy);
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); 609.71 (riot);
609.66 (dangerous weapons); 609.749, subdivision 2 (harassment;
stalking; penalties); 609.224, subdivision 2, paragraph (c)
(assault in the fifth degree 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 maltreatment of a
vulnerable adult); 609.72, subdivision 3 (disorderly conduct
against a vulnerable adult); 609.265 (abduction); 609.378
(neglect or endangerment of a child); 609.377 (malicious
punishment of a child); 609.324, subdivision 1a (other
prohibited acts; minor engaged in prostitution); 609.33
(disorderly house); 609.52 (theft); 609.582 (burglary); 609.631
(check forgery; offering a forged check); 609.275 (attempt to
coerce); or an attempt or conspiracy to commit any of these
offenses, as each of these offenses is defined in Minnesota
Statutes; or 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 this clause. If the defendant is
convicted of one of the gross misdemeanors listed in this
clause, but the sentence is a misdemeanor disposition, the
lookback period for the conviction is the period applicable to
misdemeanors; or
(4) if less than seven years have passed since the
discharge of the sentence imposed for the offense; and the
individual has received a misdemeanor conviction for a violation
of any of the following offenses: sections 609.224 (assault in
the fifth degree); 609.2242 (domestic assault); violation of an
order for protection under 518B.01 (Domestic Abuse Act);
violation of an order for protection under 609.3232 (protective
order authorized; procedures; penalties); 609.746 (interference
with privacy); 609.79 (obscene or harassing phone calls);
609.795 (letter, telegram, or package; opening; harassment);
617.23 (indecent exposure; penalties); 609.2672 (assault of an
unborn child in the third degree); 617.293 (harmful materials;
dissemination and display to minors prohibited); 609.66
(dangerous weapons); 609.665 (spring guns); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.52 (theft); 609.27
(coercion); or an attempt or conspiracy to commit any of these
offenses, as each of these offenses is defined in Minnesota
Statutes; or 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 this clause; a determination or
disposition of 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 a determination or
disposition of substantiated serious or recurring maltreatment
of a minor under section 626.556 or of a vulnerable adult under
section 626.557 for which there is a preponderance of evidence
that the maltreatment occurred, and that the subject was
responsible for the maltreatment.
For the purposes of this section, "serious maltreatment"
means sexual abuse; maltreatment resulting in death; or
maltreatment resulting in serious injury which reasonably
requires the care of a physician whether or not the care of a
physician was sought; or abuse resulting in serious injury. For
purposes of this section, "abuse resulting in serious injury"
means: bruises, bites, skin laceration or tissue damage;
fractures; dislocations; evidence of internal injuries; head
injuries with loss of consciousness; extensive second-degree or
third-degree burns and other burns for which complications are
present; extensive second-degree or third-degree frostbite, and
others for which complications are present; irreversible
mobility or avulsion of teeth; injuries to the eyeball;
ingestion of foreign substances and objects that are harmful;
near drowning; and heat exhaustion or sunstroke. For purposes
of this section, "care of a physician" is treatment received or
ordered by a physician, but does not include diagnostic testing,
assessment, or observation. For the purposes of this section,
"recurring maltreatment" means more than one incident of
maltreatment for which there is a preponderance of evidence that
the maltreatment occurred, and that the subject was responsible
for the maltreatment. For purposes of this section, "access"
means physical access to an individual receiving services or the
individual's personal property without continuous, direct
supervision as defined in section 245A.04, subdivision 3.
(b) Except for background studies related to child foster
care, adult foster care, or family child care licensure, when
the subject of a background study is regulated by a
health-related licensing board as defined in chapter 214, and
the regulated person has been determined to have been
responsible for substantiated maltreatment under section 626.556
or 626.557, instead of the commissioner making a decision
regarding disqualification, the board shall make a determination
whether to impose disciplinary or corrective action under
chapter 214.
(1) The commissioner shall notify the health-related
licensing board:
(i) upon completion of a background study that produces a
record showing that the individual was determined to have been
responsible for substantiated maltreatment;
(ii) upon the commissioner's completion of an investigation
that determined the individual was responsible for substantiated
maltreatment; or
(iii) upon receipt from another agency of a finding of
substantiated maltreatment for which the individual was
responsible.
(2) The commissioner's notice shall indicate whether the
individual would have been disqualified by the commissioner for
the substantiated maltreatment if the individual were not
regulated by the board. The commissioner shall concurrently
send this notice to the individual.
(3) Notwithstanding the exclusion from this subdivision for
individuals who provide child foster care, adult foster care, or
family child care, when the commissioner or a local agency has
reason to believe that the direct contact services provided by
the individual may fall within the jurisdiction of a
health-related licensing board, a referral shall be made to the
board as provided in this section.
(4) If, upon review of the information provided by the
commissioner, a health-related licensing board informs the
commissioner that the board does not have jurisdiction to take
disciplinary or corrective action, the commissioner shall make
the appropriate disqualification decision regarding the
individual as otherwise provided in this chapter.
(5) The commissioner has the authority to monitor the
facility's compliance with any requirements that the
health-related licensing board places on regulated persons
practicing in a facility either during the period pending a
final decision on a disciplinary or corrective action or as a
result of a disciplinary or corrective action. The commissioner
has the authority to order the immediate removal of a regulated
person from direct contact or access when a board issues an
order of temporary suspension based on a determination that the
regulated person poses an immediate risk of harm to persons
receiving services in a licensed facility.
(6) A facility that allows a regulated person to provide
direct contact services while not complying with the
requirements imposed by the health-related licensing board is
subject to action by the commissioner as specified under
sections 245A.06 and 245A.07.
(7) The commissioner shall notify a health-related
licensing board immediately upon receipt of knowledge of
noncompliance with requirements placed on a facility or upon a
person regulated by the board.
Sec. 3. [BACKGROUND STUDY PROCESS AND VULNERABLE ADULT ACT
REVIEW.]
The commissioner of human services shall consult with the
commissioners of health and corrections, the attorney general,
and stakeholder groups involved with vulnerable adult
maltreatment investigations under Minnesota Statutes, section
626.557, and the background studies completed under Minnesota
Statutes, section 245A.04, and inform the legislature about the
issues reported to be most in need of a policy review by the
legislature.
Stakeholders consulted must include representatives of
provider groups for programs licensed by the commissioners of
health, human services, and corrections; unions; the ombudsman
for mental health and mental retardation; and consumer advocacy
groups.
The review shall include a report on available data
regarding the background study set-aside and variance processes
and the resulting maltreatment findings against people with
criminal histories who have been allowed by a state agency to
provide services to children and vulnerable adults.
The review shall also include a report on the data
regarding maltreatment investigations, rates of substantiation
of maltreatment, appeals of findings, and appeal results.
The review shall also examine crimes that currently are
considered disqualifying crimes and recommend any change to
current laws deemed appropriate.
The commissioner shall provide this report to the chairs of
the senate health and family security committee and the house of
representatives health and human services committee by January
15, 2003.
Sec. 4. [TRACKING OF CIVIL ACTIONS INVOLVING SEXUAL
ABUSE.]
The supreme court is requested to study and make
recommendations regarding methods for tracking the filing and
status of civil actions for damages resulting from sexual abuse,
for purposes of identifying individuals who may be disqualified
from human services licensing under Minnesota Statutes, chapter
245A. The supreme court is requested to report back to the
legislature by July 15, 2003, with the results of its study and
recommendations for implementation of a tracking system.
Presented to the governor March 25, 2002
Signed by the governor March 26, 2002, 2:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes