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1994 Minnesota Session Laws

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                            CHAPTER 434-S.F.No. 2572 
                  An act relating to human services; clarifying the 
                  effect of a record of conviction of certain crimes on 
                  disqualification in connection with certain human 
                  services licenses; strengthening provisions concerning 
                  residential treatment programs; modifying certain 
                  child abuse reporting requirements; amending Minnesota 
                  Statutes 1992, sections 245A.04, subdivision 3a; 
                  245A.12, subdivision 8; 245A.13, subdivisions 1, 3c, 
                  and by adding a subdivision; 626.556, subdivisions 3 
                  and 7; Minnesota Statutes 1993 Supplement, sections 
                  245A.04, subdivisions 3 and 3b; 626.556, subdivision 
                  10; and Laws 1993, chapter 171, section 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        245A.04, subdivision 3, is amended to read: 
           Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
        commissioner issues a license, the commissioner shall conduct a 
        study of the individuals specified in clauses (1) to (4) 
        according to rules of the commissioner.  The applicant, license 
        holder, the bureau of criminal apprehension, and county 
        agencies, after written notice to the individual who is the 
        subject of the study, shall help with the study by giving the 
        commissioner criminal conviction data and reports about abuse or 
        neglect of adults in licensed programs substantiated under 
        section 626.557 and the maltreatment of minors in licensed 
        programs substantiated under section 626.556.  The individuals 
        to be studied shall include: 
           (1) the applicant; 
           (2) persons over the age of 13 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 program; and 
           (4) volunteers who have direct contact with persons served 
        by the program to provide program services, if the contact is 
        not directly supervised by the individuals listed in clause (1) 
        or (3). 
           The juvenile courts shall also help with the study by 
        giving the commissioner existing juvenile court records on 
        individuals described in clause (2) relating to delinquency 
        proceedings held within either the five years immediately 
        preceding the application or the five years immediately 
        preceding the individual's 18th birthday, whichever time period 
        is longer.  The commissioner shall destroy juvenile records 
        obtained pursuant to this subdivision when the subject of the 
        records reaches age 23.  
           For purposes of this subdivision, "direct contact" means 
        providing face-to-face care, training, supervision, counseling, 
        consultation, or medication assistance to persons served by a 
        program.  For purposes of this subdivision, "directly supervised"
        means an individual listed in clause (1) or (3) is within sight 
        or hearing of a volunteer to the extent that the individual 
        listed in clause (1) or (3) is capable at all times of 
        intervening to protect the health and safety of the persons 
        served by the program who have direct contact with the volunteer.
           A study of an individual in clauses (1) to (4) shall be 
        conducted at least upon application for initial license and 
        reapplication for a license.  No applicant, license holder, or 
        individual who is the subject of the study shall pay any fees 
        required to conduct the study.  
           (b) The individual who is the subject of the study must 
        provide the applicant or license holder with sufficient 
        information to ensure an accurate study including the 
        individual's first, middle, and last name; home address, city, 
        county, and state of residence; zip code; sex; date of birth; 
        and driver's license number.  The applicant or license holder 
        shall provide this information about an individual in paragraph 
        (a), clauses (1) to (4), on forms prescribed by the 
        commissioner.  The commissioner may request additional 
        information of the individual, which shall be optional for the 
        individual to provide, such as the individual's social security 
        number or race. 
           (c) Except for child foster care, adult foster care, and 
        family day care homes, a study must include information from the 
        county agency's record of substantiated abuse or neglect of 
        adults in licensed programs, and the maltreatment of minors in 
        licensed programs, information from juvenile courts as required 
        in paragraph (a) for persons listed in paragraph (a), clause 
        (2), and information from the bureau of criminal apprehension.  
        For child foster care, adult foster care, and family day care 
        homes, the study must include information from the county 
        agency's record of substantiated abuse or neglect of adults, and 
        the maltreatment of minors, information from juvenile courts as 
        required in paragraph (a) for persons listed in paragraph (a), 
        clause (2), and information from the bureau of criminal 
        apprehension.  The commissioner may also review arrest and 
        investigative information from the bureau of criminal 
        apprehension, a county attorney, county sheriff, county agency, 
        local chief of police, other states, the courts, or a national 
        criminal record repository if the commissioner has reasonable 
        cause to believe the information is pertinent to the 
        disqualification of an individual listed in paragraph (a), 
        clauses (1) to (4). 
           (d) An applicant's or license holder's failure or refusal 
        to cooperate with the commissioner is reasonable cause to deny 
        an application or immediately suspend, suspend, or revoke a 
        license.  Failure or refusal of an individual to cooperate with 
        the study is just cause for denying or terminating employment of 
        the individual if the individual's failure or refusal to 
        cooperate could cause the applicant's application to be denied 
        or the license holder's license to be immediately suspended, 
        suspended, or revoked. 
           (e) The commissioner shall not consider an application to 
        be complete until all of the information required to be provided 
        under this subdivision has been received.  
           (f) No person in paragraph (a), clause (1), (2), (3), or 
        (4) who is disqualified as a result of this section may be 
        retained by the agency in a position involving direct contact 
        with persons served by the program. 
           (g) Termination of persons in paragraph (a), clause (1), 
        (2), (3), or (4) made in good faith reliance on a notice of 
        disqualification provided by the commissioner shall not subject 
        the applicant or license holder to civil liability. 
           (h) The commissioner may establish records to fulfill the 
        requirements of this section. 
           (i) The commissioner may not disqualify an individual 
        subject to a study under this section because that person has, 
        or has had, a mental illness as defined in section 245.462, 
        subdivision 20. 
           (j) An individual who is subject to an applicant background 
        study under this section and whose disqualification in 
        connection with a license would be subject to the limitations on 
        reconsideration set forth in subdivision 3b, paragraph (c), 
        shall be disqualified for conviction of the crimes specified in 
        the manner specified in subdivision 3b, paragraph (c).  The 
        commissioner of human services shall amend Minnesota Rules, part 
        9543.3070, to conform to this section. 
           Sec. 2.  Minnesota Statutes 1992, section 245A.04, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [NOTIFICATION TO SUBJECT OF STUDY RESULTS.] The 
        commissioner shall notify the applicant or license holder and 
        the individual who is the subject of the study, in writing, of 
        the results of the study.  When the study is completed, a notice 
        that the study was undertaken and completed shall be maintained 
        in the personnel files of the program. 
           The commissioner shall notify the individual studied if the 
        information in the study indicates the individual is 
        disqualified from direct contact with persons served by the 
        program.  The commissioner shall disclose the information to the 
        individual studied.  An applicant or license holder who is not 
        the subject of the study shall be informed that the commissioner 
        has found information that disqualifies the subject from direct 
        contact with persons served by the program.  However, the 
        applicant or license holder shall not be told what that 
        information is unless the data practices act provides for 
        release of the information and or the individual studied 
        authorizes the release of the information. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        245A.04, subdivision 3b, is amended to read: 
           Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) 
        Within 30 days after receiving notice of disqualification under 
        subdivision 3a, the individual who is the subject of the study 
        may request reconsideration of the notice of disqualification.  
        The individual must submit the request for reconsideration to 
        the commissioner in writing.  The individual must present 
        information to show that: 
           (1) the information the commissioner relied upon is 
        incorrect; or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant or license holder. 
           (b) The commissioner may set aside the disqualification if 
        the commissioner finds that the information the commissioner 
        relied upon is incorrect or the individual does not pose a risk 
        of harm to any person served by the applicant or license 
        holder.  The commissioner shall review the consequences of the 
        event or events that could lead to disqualification, whether 
        there is more than one disqualifying event, the vulnerability of 
        the victim at the time of the event, the time elapsed without a 
        repeat of the same or similar event, and documentation of 
        successful completion by the individual studied of training or 
        rehabilitation pertinent to the event.  In reviewing a 
        disqualification, the commissioner shall give preeminent weight 
        to the safety of each person to be served by the license holder 
        or applicant over the interests of the license holder or 
        applicant.  
           (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 who seeks 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 section 
        609.20 (manslaughter in the first degree), 609.205 (manslaughter 
        in the second degree), 609.21 (criminal vehicular homicide), 
        609.215 (aiding suicide or aiding attempted suicide), 609.221 to 
        609.2231 (felony violations of assault in the first, second, 
        third, or fourth degree), 609.713 (terroristic threats), 609.285 
        (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), 609.582 (burglary in the 
        first or second degree), 609.66 (reckless use of a gun or 
        dangerous weapon or intentionally pointing a gun at or towards a 
        human being), 609.665 (setting a spring gun), 609.67 (unlawfully 
        owning, possessing, or operating a machine gun), 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), 609.228 
        (great bodily harm caused by distribution of drugs), 609.23 
        (mistreatment of persons confined), 609.231 (mistreatment of 
        residents or patients), 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), 
        609.378 (neglect or endangerment of a child), 609.377 (a gross 
        misdemeanor offense of malicious punishment of a child); 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 
        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), 609.2661 to 609.2663 (murder of an unborn child 
        in the first, second, or third degree), 609.377 (a felony 
        offense of malicious punishment of a child), 609.322 
        (soliciting, inducement, or promotion of prostitution), 609.323 
        (receiving profit derived from 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), 617.245 617.246 (use of minors in a sexual 
        performance), 617.247 (possession of pictorial representations 
        of a minor), 609.365 (incest), 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 abuse 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 or license holder residing in the 
        applicant's or license holder's home, the applicant or license 
        holder 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 because the 
        license holder or applicant 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 to all 
        reconsideration requests within 15 working days after receiving 
        the request for reconsideration.  If the disqualification is set 
        aside, the commissioner shall notify the applicant or license 
        holder in writing of the decision. 
           (e) Except as provided in subdivision 3c, the 
        commissioner's decision to grant or deny a reconsideration of 
        disqualification under this subdivision, or to set aside or 
        uphold the results of the study under subdivision 3, is the 
        final administrative agency action. 
           Sec. 4.  Minnesota Statutes 1992, section 245A.12, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PHYSICAL PLANT OF THE RESIDENTIAL PROGRAM.] 
        Occupation of the physical plant after commencement of the 
        receivership period shall be controlled by paragraphs (a) and 
        (b). 
           (a) If the physical plant of a residential program placed 
        in receivership is owned by a controlling individual or related 
        party, the physical plant may be used by the commissioner or the 
        managing agent for purposes of the receivership as long as the 
        receivership period continues.  A fair monthly rental for the 
        physical plant shall be paid by the commissioner or managing 
        agent to the owner of the physical plant.  This fair monthly 
        rental shall be determined by considering all relevant factors 
        necessary to meet required arms-length obligations of 
        controlling individuals such as the mortgage payments owed on 
        the physical plant, the real estate taxes, and special 
        assessments, and the conditions of the physical plant.  This 
        rental shall not include any allowance for profit or be based on 
        any formula that includes an allowance for profit. 
           (b) If the owner of the physical plant of a residential 
        program placed in receivership is not a related party, the 
        controlling individual shall continue as the lessee of the 
        property.  However, during the receivership period, rental 
        payments shall be made to the owner of the physical plant by the 
        commissioner or the managing agent on behalf of the controlling 
        individual.  Neither the commissioner nor the managing agent 
        assumes the obligations of the lease unless expressly stated in 
        the receivership agreement.  Should the lease expire during the 
        receivership, the commissioner or the managing agent may 
        negotiate a new lease for the term of the receivership period. 
           Sec. 5.  Minnesota Statutes 1992, section 245A.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] In addition to any other 
        remedy provided by law, the commissioner may petition the 
        district court in the Ramsey county where the residential 
        program is located for an order directing the controlling 
        individuals of the residential program to show cause why the 
        commissioner should not be appointed receiver to operate the 
        residential program.  The petition to the district court must 
        contain proof by affidavit:  (1) that the commissioner has 
        either begun license suspension or revocation proceedings, 
        suspended or revoked a license, or has decided to deny an 
        application for licensure of the residential program; or (2) it 
        appears to the commissioner that the health, safety, or rights 
        of the residents may be in jeopardy because of the manner in 
        which the residential program may close, the residential 
        program's financial condition, or violations committed by the 
        residential program of federal or state laws or rules.  If the 
        license holder, applicant, or controlling individual operates 
        more than one residential program, the commissioner's petition 
        must specify and be limited to the residential program for which 
        it seeks receivership.  The affidavit submitted by the 
        commissioner must set forth alternatives to receivership that 
        have been considered, including rate adjustments.  The order to 
        show cause is returnable not less than five days after service 
        is completed and must provide for personal service of a copy to 
        the residential program administrator and to the persons 
        designated as agents by the controlling individuals to accept 
        service on their behalf. 
           Sec. 6.  Minnesota Statutes 1992, section 245A.13, 
        subdivision 3c, is amended to read: 
           Subd. 3c.  [PHYSICAL PLANT OF THE RESIDENTIAL PROGRAM.] 
        Occupation of the physical plant under an involuntary 
        receivership shall be governed by paragraphs (a) and (b). 
           (a) The physical plant owned by a controlling individual of 
        the residential program or related party must be made available 
        for the use of the residential program throughout the 
        receivership period.  The court shall determine a fair monthly 
        rental for the physical plant, taking into account all relevant 
        factors necessary to meet required arms-length obligations of 
        controlling individuals such as mortgage payments, real estate 
        taxes, and special assessments, and the conditions of the 
        physical plant.  The rental fee must be paid by the receiver to 
        the appropriate controlling individuals or related parties for 
        each month that the receivership remains in effect.  No payment 
        made to a controlling individual or related party by the 
        receiver or the managing agent or any state agency during a 
        period of the receivership shall include any allowance for 
        profit or be based on any formula that includes an allowance for 
        profit. 
           (b) If the owner of the physical plant of a residential 
        program is not a related party, the court shall order the 
        controlling individual to continue as the lessee of the property 
        during the receivership period.  Rental payments during the 
        receivership period shall be made to the owner of the physical 
        plant by the commissioner or the managing agent on behalf of the 
        controlling individual. 
           Sec. 7.  Minnesota Statutes 1992, section 245A.13, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [CONTROLLING INDIVIDUALS; RESTRICTIONS ON 
        LICENSURE.] No controlling individual of a residential program 
        placed into receivership under this section may apply for or 
        receive a license to operate a residential program for five 
        years from the commencement of the receivership period.  This 
        subdivision does not apply to residential programs that are 
        owned or operated by controlling individuals that were in 
        existence before the date of the receivership agreement, and 
        that have not been placed into receivership. 
           Sec. 8.  Minnesota Statutes 1992, section 626.556, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
        knows or has reason to believe a child is being neglected or 
        physically or sexually abused, as defined in subdivision 2, or 
        has been neglected or physically or sexually abused within the 
        preceding three years, shall immediately report the information 
        to the local welfare agency, police department, or the county 
        sheriff if the person is:  
           (1) a professional or professional's delegate who is 
        engaged in the practice of the healing arts, social services, 
        hospital administration, psychological or psychiatric treatment, 
        child care, education, or law enforcement; or 
           (2) employed as a member of the clergy and received the 
        information while engaged in ministerial duties, provided that a 
        member of the clergy is not required by this subdivision to 
        report information that is otherwise privileged under section 
        595.02, subdivision 1, paragraph (c).  
           The police department or the county sheriff, upon receiving 
        a report, shall immediately notify the local welfare agency 
        orally and in writing.  The local welfare agency, upon receiving 
        a report, shall immediately notify the local police department 
        or the county sheriff orally and in writing.  The county sheriff 
        and the head of every local welfare agency and police department 
        shall each designate a person within their agency, department, 
        or office who is responsible for ensuring that the notification 
        duties of this paragraph and paragraph (b) are carried out.  
        Nothing in this subdivision shall be construed to require more 
        than one report from any institution, facility, school, or 
        agency. 
           (b) Any person may voluntarily report to the local welfare 
        agency, police department, or the county sheriff if the person 
        knows, has reason to believe, or suspects a child is being or 
        has been neglected or subjected to physical or sexual abuse.  
        The police department or the county sheriff, upon receiving a 
        report, shall immediately notify the local welfare agency orally 
        and in writing.  The local welfare agency, upon receiving a 
        report, shall immediately notify the local police department or 
        the county sheriff orally and in writing. 
           (c) A person mandated to report physical or sexual child 
        abuse or neglect occurring within a licensed facility shall 
        report the information to the agency responsible for licensing 
        the facility.  A health or corrections agency receiving a report 
        may request the local welfare agency to provide assistance 
        pursuant to subdivisions 10, 10a, and 10b. 
           (d) Any person mandated to report shall, upon request to 
        the local welfare agency, receive a summary of the disposition 
        of any report made by that reporter, unless release would be 
        detrimental to the best interests of the child.  Any person who 
        is not mandated to report shall, upon request to the local 
        welfare agency, receive a concise summary of the disposition of 
        any report made by that reporter, unless release would be 
        detrimental to the best interests of the child. 
           (e) For purposes of this subdivision, "immediately" means 
        as soon as possible but in no event longer than 24 hours. 
           Sec. 9.  Minnesota Statutes 1992, section 626.556, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REPORT.] An oral report shall be made 
        immediately by telephone or otherwise.  An oral report made by a 
        person required under subdivision 3 to report shall be followed 
        within 72 hours, exclusive of weekends and holidays, by a report 
        in writing to the appropriate police department, the county 
        sheriff or local welfare agency, unless the appropriate agency 
        has informed the reporter that the oral information does not 
        constitute a report under subdivision 10.  Any report shall be 
        of sufficient content to identify the child, any person believed 
        to be responsible for the abuse or neglect of the child if the 
        person is known, the nature and extent of the abuse or neglect 
        and the name and address of the reporter.  Written reports 
        received by a police department or the county sheriff shall be 
        forwarded immediately to the local welfare agency.  The police 
        department or the county sheriff may keep copies of reports 
        received by them.  Copies of written reports received by a local 
        welfare department shall be forwarded immediately to the local 
        police department or the county sheriff. 
           A written copy of a report maintained by personnel of 
        agencies, other than welfare or law enforcement agencies, which 
        are subject to chapter 13 shall be confidential.  An individual 
        subject of the report may obtain access to the original report 
        as provided by subdivision 11. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        626.556, subdivision 10, is amended to read: 
           Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
        ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
        alleges neglect, physical abuse, or sexual abuse by a parent, 
        guardian, or individual functioning within the family unit as a 
        person responsible for the child's care, the local welfare 
        agency shall immediately conduct an assessment and offer 
        protective social services for purposes of preventing further 
        abuses, safeguarding and enhancing the welfare of the abused or 
        neglected minor, and preserving family life whenever possible.  
        If the report alleges a violation of a criminal statute 
        involving sexual abuse, physical abuse, or neglect or 
        endangerment, under section 609.378, the local law enforcement 
        agency and local welfare agency shall coordinate the planning 
        and execution of their respective investigation and assessment 
        efforts to avoid a duplication of fact-finding efforts and 
        multiple interviews.  Each agency shall prepare a separate 
        report of the results of its investigation.  In cases of alleged 
        child maltreatment resulting in death, the local agency may rely 
        on the fact-finding efforts of a law enforcement investigation 
        to make a determination of whether or not maltreatment 
        occurred.  When necessary the local welfare agency shall seek 
        authority to remove the child from the custody of a parent, 
        guardian, or adult with whom the child is living.  In performing 
        any of these duties, the local welfare agency shall maintain 
        appropriate records.  
           (b) When a local agency receives a report or otherwise has 
        information indicating that a child who is a client, as defined 
        in section 245.91, has been the subject of physical abuse, 
        sexual abuse, or neglect at an agency, facility, or program as 
        defined in section 245.91, it shall, in addition to its other 
        duties under this section, immediately inform the ombudsman 
        established under sections 245.91 to 245.97. 
           (c) Authority of the local welfare agency responsible for 
        assessing the child abuse or neglect report and of the local law 
        enforcement agency for investigating the alleged abuse or 
        neglect includes, but is not limited to, authority to interview, 
        without parental consent, the alleged victim and any other 
        minors who currently reside with or who have resided with the 
        alleged perpetrator.  The interview may take place at school or 
        at any facility or other place where the alleged victim or other 
        minors might be found or the child may be transported to, and 
        the interview conducted at, a place appropriate for the 
        interview of a child designated by the local welfare agency or 
        law enforcement agency.  The interview may take place outside 
        the presence of the perpetrator or parent, legal custodian, 
        guardian, or school official.  Except as provided in this 
        paragraph, the parent, legal custodian, or guardian shall be 
        notified by the responsible local welfare or law enforcement 
        agency no later than the conclusion of the investigation or 
        assessment that this interview has occurred.  Notwithstanding 
        rule 49.02 of the Minnesota rules of procedure for juvenile 
        courts, the juvenile court may, after hearing on an ex parte 
        motion by the local welfare agency, order that, where reasonable 
        cause exists, the agency withhold notification of this interview 
        from the parent, legal custodian, or guardian.  If the interview 
        took place or is to take place on school property, the order 
        shall specify that school officials may not disclose to the 
        parent, legal custodian, or guardian the contents of the 
        notification of intent to interview the child on school 
        property, as provided under this paragraph, and any other 
        related information regarding the interview that may be a part 
        of the child's school record.  A copy of the order shall be sent 
        by the local welfare or law enforcement agency to the 
        appropriate school official. 
           (d) When the local welfare or local law enforcement agency 
        determines that an interview should take place on school 
        property, written notification of intent to interview the child 
        on school property must be received by school officials prior to 
        the interview.  The notification shall include the name of the 
        child to be interviewed, the purpose of the interview, and a 
        reference to the statutory authority to conduct an interview on 
        school property.  For interviews conducted by the local welfare 
        agency, the notification shall be signed by the chair of the 
        county welfare board or the chair's designee.  The notification 
        shall be private data on individuals subject to the provisions 
        of this paragraph.  School officials may not disclose to the 
        parent, legal custodian, or guardian the contents of the 
        notification or any other related information regarding the 
        interview until notified in writing by the local welfare or law 
        enforcement agency that the investigation or assessment has been 
        concluded.  Until that time, the local welfare or law 
        enforcement agency shall be solely responsible for any 
        disclosures regarding the nature of the assessment or 
        investigation.  
           Except where the alleged perpetrator is believed to be a 
        school official or employee, the time and place, and manner of 
        the interview on school premises shall be within the discretion 
        of school officials, but the local welfare or law enforcement 
        agency shall have the exclusive authority to determine who may 
        attend the interview.  The conditions as to time, place, and 
        manner of the interview set by the school officials shall be 
        reasonable and the interview shall be conducted not more than 24 
        hours after the receipt of the notification unless another time 
        is considered necessary by agreement between the school 
        officials and the local welfare or law enforcement agency.  
        Where the school fails to comply with the provisions of this 
        paragraph, the juvenile court may order the school to comply.  
        Every effort must be made to reduce the disruption of the 
        educational program of the child, other students, or school 
        staff when an interview is conducted on school premises.  
           (e) Where the perpetrator or a person responsible for the 
        care of the alleged victim or other minor prevents access to the 
        victim or other minor by the local welfare agency, the juvenile 
        court may order the parents, legal custodian, or guardian to 
        produce the alleged victim or other minor for questioning by the 
        local welfare agency or the local law enforcement agency outside 
        the presence of the perpetrator or any person responsible for 
        the child's care at reasonable places and times as specified by 
        court order.  
           (f) Before making an order under paragraph (e), the court 
        shall issue an order to show cause, either upon its own motion 
        or upon a verified petition, specifying the basis for the 
        requested interviews and fixing the time and place of the 
        hearing.  The order to show cause shall be served personally and 
        shall be heard in the same manner as provided in other cases in 
        the juvenile court.  The court shall consider the need for 
        appointment of a guardian ad litem to protect the best interests 
        of the child.  If appointed, the guardian ad litem shall be 
        present at the hearing on the order to show cause.  
           (g) The commissioner, the ombudsman for mental health and 
        mental retardation, the local welfare agencies responsible for 
        investigating reports, and the local law enforcement agencies 
        have the right to enter facilities as defined in subdivision 2 
        and to inspect and copy the facility's records, including 
        medical records, as part of the investigation.  Notwithstanding 
        the provisions of chapter 13, they also have the right to inform 
        the facility under investigation that they are conducting an 
        investigation, to disclose to the facility the names of the 
        individuals under investigation for abusing or neglecting a 
        child, and to provide the facility with a copy of the report and 
        the investigative findings. 
           Sec. 11.  Laws 1993, chapter 171, section 6, is amended to 
        read: 
           Sec. 6.  [EFFECTIVE DATE; APPLICATION.] 
           (a) Sections 1, 3, and 4 are effective the day after final 
        enactment.  Section 2 is effective June 1, 1994. 
           (b)  Section 4, paragraph (c), clause (2) applies to 
        existing license holders on the effective date of section 4 and 
        to initial license applications made on or after that date.  
        Section 4, paragraph (c), clause (1) in the case of a conviction 
        for neglect or endangerment of a child, applies to existing 
        license holders on the effective date of section 4 and in all 
        other cases applies to initial license applications made on or 
        after the effective date. 
           (c)  However, as soon as practicable but not later than one 
        year after the effective date of this section, the commissioner 
        shall review and reconsider all disqualifications which were set 
        aside under Minnesota Statutes, section 245A.04, subdivision 3b, 
        and all variances which were granted under Minnesota Statutes, 
        section 245A.04, subdivision 9, before the effective date of 
        this section in the case of: 
           (1) a license holder who holds a type of license listed in 
        Minnesota Statutes, section 245A.04, subdivision 3b, paragraph 
        (c); 
           (2) a license holder who obtained such a license before the 
        effective date of this section; and 
           (3) a license holder, an individual residing in the license 
        holder's home, or an employee of the license holder who: 
           (i) was convicted of a crime listed in Minnesota Statutes, 
        section 245A.04, subdivision 3b, paragraph (c), clause (1), 
        other than neglect or endangerment of a child; or 
           (ii) was the perpetrator of substantiated maltreatment or 
        abuse under Minnesota Statutes, section 245A.04, subdivision 3b, 
        paragraph (c), clause (3) or (4). 
           (d) For every existing license holder on May 14, 1993, who 
        reapplies for a license after the effective date of this 
        section, the commissioner must determine whether any person 
        subject to disqualification in connection with that license 
        under section 245A.04, subdivision 3b, paragraph (c): 
           (1) was convicted of a crime specified in paragraph (c), 
        clause (1); and 
           (2) less than ten years have passed between the time of 
        discharge of sentence for the offense and the date of the 
        license reapplication. 
        In cases involving such persons, the commissioner must review 
        the disqualification in the manner provided by paragraph (e) of 
        this section before either issuing or refusing to issue a new 
        license. 
           (e) The purpose of the review is to determine whether the 
        license holder or anyone residing in the license holder's home 
        poses any risk of harm to any person served by the license 
        holder.  In conducting this review the commissioner must give 
        preeminent weight to the safety of each person served by the 
        license holder over the interests of the license holder. 
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1 to 7 and section 11 are effective the day 
        following final enactment. 
           Presented to the governor April 11, 1994 
           Signed by the governor April 13, 1994, 1:31 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569