1.1 	A bill for an act
1.2 	relating to child care; changing a provision for legal nonlicensed family 
1.3 	child care providers; amending Minnesota Statutes 2005 Supplement, section 
1.4 	119B.125, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 119B.125, subdivision 2, 
1.7 	is amended to read:
1.8 		Subd. 2.Persons who cannot be authorized. (a) A person who meets any of the 
1.9 	conditions under paragraphs (b) to (n) must not be authorized as a legal nonlicensed 
1.10 	family child care provider. To determine whether any of the listed conditions exist, 
1.11 	the county must request information about the provider from the Bureau of Criminal 
1.12 	Apprehension, the juvenile courts, and social service agencies. When one of the listed 
1.13 	entities does not maintain information on a statewide basis, the county must contact the 
1.14 	entity in the county where the provider resides and any other county in which the provider 
1.15 	previously resided in the past year. For purposes of this subdivision, a finding that a 
1.16 	delinquency petition is proven in juvenile court must be considered a conviction in state 
1.17 	district court. If a county has determined that a provider is able to be authorized in that 
1.18 	county, and a family in another county later selects that provider, the provider is able to 
1.19 	be authorized in the second county without undergoing a new background investigation 
1.20 	unless one of the following conditions exists:
1.21 	(1) two years have passed since the first authorization;
1.22 	(2) another person age 13 or older has joined the provider's household since the 
1.23 	last authorization;
1.24 	(3) a current household member has turned 13 since the last authorization; or
2.1 	(4) there is reason to believe that a household member has a factor that prevents 
2.2 	authorization.
2.3 	(b) The person has been convicted of one of the following offenses or has admitted to 
2.4 	committing or a preponderance of the evidence indicates that the person has committed an 
2.5 	act that meets the definition of one of the following offenses: sections 609.185 to 609.195, 
2.6 	murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn 
2.7 	child in the first, second, or third degree; 609.322, solicitation, inducement, promotion 
2.8 	of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual 
2.9 	conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to 
2.10 	engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a 
2.11 	child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial 
2.12 	representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense 
2.13 	of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 
2.14 	against children; or an attempt or conspiracy to commit any of these offenses as defined in 
2.15 	Minnesota Statutes; or an offense in any other state or country where the elements are 
2.16 	substantially similar to any of the offenses listed in this paragraph.
2.17 	(c) Less than 15 years have passed since the discharge of the sentence imposed for 
2.18 	the offense and the person has received a felony conviction for one of the following 
2.19 	offenses, or the person has admitted to committing or a preponderance of the evidence 
2.20 	indicates that the person has committed an act that meets the definition of a felony 
2.21 	conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in 
2.22 	the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide 
2.23 	or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or 
2.24 	fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily 
2.25 	harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult; 
2.26 	609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or 
2.27 	facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials 
2.28 	and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false 
2.29 	imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or 
2.30 	second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third 
2.31 	degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27, 
2.32 	coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor 
2.33 	engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth 
2.34 	degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of 
2.35 	shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582, 
2.36 	burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63, 
3.1 	forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature 
3.2 	by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67, 
3.3 	unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71, 
3.4 	riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of 
3.5 	parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first 
3.6 	or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, 
3.7 	clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause 
3.8 	(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of 
3.9 	indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in 
3.10 	Minnesota Statutes; or an offense in any other state or country where the elements are 
3.11 	substantially similar to any of the offenses listed in this paragraph.
3.12 	(d) Less than ten years have passed since the discharge of the sentence imposed for 
3.13 	the offense and the person has received a gross misdemeanor conviction for one of the 
3.14 	following offenses or the person has admitted to committing or a preponderance of the 
3.15 	evidence indicates that the person has committed an act that meets the definition of a gross 
3.16 	misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree 
3.17 	assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of 
3.18 	an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat 
3.19 	offenses of interference with privacy; 617.23, repeat offenses of indecent exposure; 
3.20 	617.241, obscene materials and performances; 617.243, indecent literature, distribution; 
3.21 	617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66, 
3.22 	dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph 
3.23 	(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment 
3.24 	of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal 
3.25 	abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 
3.26 	609.233, criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of 
3.27 	a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult; 
3.28 	609.265, abduction; 609.378, neglect or endangerment of a child; 609.377, malicious 
3.29 	punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged 
3.30 	in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first, 
3.31 	second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275, 
3.32 	attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in 
3.33 	Minnesota Statutes; or an offense in any other state or country where the elements are 
3.34 	substantially similar to any of the offenses listed in this paragraph.
3.35 	(e) Less than seven years have passed since the discharge of the sentence imposed 
3.36 	for the offense and the person has received a misdemeanor conviction for one of the 
4.1 	following offenses or the person has admitted to committing or a preponderance of 
4.2 	the evidence indicates that the person has committed an act that meets the definition 
4.3 	of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth 
4.4 	degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection; 
4.5 	609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79, 
4.6 	obscene or harassing telephone calls; 609.795, letter, telegram, or package opening, 
4.7 	harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree; 
4.8 	617.293, dissemination and display of harmful materials to minors; 609.66, dangerous 
4.9 	weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses 
4.10 	as defined in Minnesota Statutes; or an offense in any other state or country where the 
4.11 	elements are substantially similar to any of the offenses listed in this paragraph.
4.12 	(f) The person has been identified by the child protection agency in the county where 
4.13 	the provider resides or a county where the provider has resided or by the statewide child 
4.14 	protection database as the person allegedly a person found by a preponderance of evidence 
4.15 	to be responsible for physical or sexual abuse of a child within the last seven years.
4.16 	(g) The person has been identified by the adult protection agency in the county 
4.17 	where the provider resides or a county where the provider has resided or by the statewide 
4.18 	adult protection database as the person responsible for abuse or neglect of a vulnerable 
4.19 	adult within the last seven years.
4.20 	(h) The person has refused to give written consent for disclosure of criminal history 
4.21 	records.
4.22 	(i) The person has been denied a family child care license or has received a fine or a 
4.23 	sanction as a licensed child care provider that has not been reversed on appeal.
4.24 	(j) The person has a family child care licensing disqualification that has not been 
4.25 	set aside.
4.26 	(k) The person has admitted or a county has found that there is a preponderance of 
4.27 	evidence that fraudulent information was given to the county for child care assistance 
4.28 	application purposes or was used in submitting child care assistance bills for payment.
4.29 	(l) The person has been convicted of the crime of theft by wrongfully obtaining 
4.30 	public assistance.
4.31 	(m) The person has a household member age 13 or older who has access to children 
4.32 	during the hours that care is provided and who meets one of the conditions listed in 
4.33 	paragraphs (b) to (l).
4.34 	(n) The person has a household member ages ten to 12 who has access to children 
4.35 	during the hours that care is provided; information or circumstances exist which provide 
4.36 	the county with articulable suspicion that further pertinent information may exist showing 
5.1 	the household member meets one of the conditions listed in paragraphs (b) to (l); and the 
5.2 	household member actually meets one of the conditions listed in paragraphs (b) to (l).