2003 Minnesota Statutes

     245C.05 Background study; information and data provided 
  to commissioner. 

    Subdivision 1.    Individual studied.  The individual 
 who is the subject of the background study must provide the 
 applicant, license holder, or other entity under section 245C.04 
 with sufficient information to ensure an accurate study, 
 including: 

    (1) the individual's first, middle, and last name and all 
 other names by which the individual has been known; 

    (2) home address, city, county, and state of residence for 
 the past five years; 

    (3) zip code; 

    (4) sex; 

    (5) date of birth; and 

    (6) driver's license number or state identification number. 

    Subd. 2.    Applicant, license holder, or other entity.  
 The applicant, license holder, or other entity under section 
 245C.04 shall provide the information collected under 
 subdivision 1 about an individual who is the subject of the 
 background study on forms prescribed by the commissioner. 

    Subd. 3.    Additional information from individual 
 studied.  The commissioner may request additional information 
 of the individual, such as the individual's social security 
 number or race.  The individual is not required to provide this 
 information to the commissioner. 

    Subd. 4.    Electronic transmission.  For background 
 studies conducted by the Department of Human Services, the 
 commissioner shall implement a system for the electronic 
 transmission of: 

    (1) background study information to the commissioner; and 

    (2) background study results to the license holder. 

    Subd. 5.    Fingerprints.  (a) For any background study 
 completed under this section, when the commissioner has 
 reasonable cause to believe that further pertinent information 
 may exist on the subject of the background study, the subject 
 shall provide the commissioner with a set of classifiable 
 fingerprints obtained from an authorized law enforcement agency. 

    (b) For purposes of requiring fingerprints, the 
 commissioner has reasonable cause when, but not limited to, the: 

    (1) information from the Bureau of Criminal Apprehension 
 indicates that the subject is a multistate offender; 

    (2) information from the Bureau of Criminal Apprehension 
 indicates that multistate offender status is undetermined; or 

    (3) commissioner has received a report from the subject or 
 a third party indicating that the subject has a criminal history 
 in a jurisdiction other than Minnesota. 

    Subd. 6.    Applicant, license holder, registrant, and 
 agencies.  (a) The applicant, license holder, registrant, 
 Bureau of Criminal Apprehension, commissioner of health, and 
 county agencies shall help with the study by giving the 
 commissioner criminal conviction data and reports about the 
 maltreatment of adults substantiated under section 626.557 and 
 the maltreatment of minors in licensed programs substantiated 
 under section 626.556. 

    (b) If a background study is initiated by an applicant or 
 license holder and the applicant or license holder receives 
 information about the possible criminal or maltreatment history 
 of an individual who is the subject of the background study, the 
 applicant or license holder must immediately provide the 
 information to the commissioner. 

    (c) The program or county or other agency must provide 
 written notice to the individual who is the subject of the 
 background study of the requirements under this subdivision. 

    Subd. 7.    Probation officer and corrections agent.  
 (a) A probation officer or corrections agent shall notify the 
 commissioner of an individual's conviction if the individual is: 

    (1) affiliated with a program or facility regulated by the 
 Department of Human Services or Department of Health, a facility 
 serving children or youth licensed by the Department of 
 Corrections, or any type of home care agency or provider of 
 personal care assistance services; and 

    (2) convicted of a crime constituting a disqualification 
 under section 245C.14. 

    (b) For the purpose of this subdivision, "conviction" has 
 the meaning given it in section 609.02, subdivision 5. 

    (c) The commissioner, in consultation with the commissioner 
 of corrections, shall develop forms and information necessary to 
 implement this subdivision and shall provide the forms and 
 information to the commissioner of corrections for distribution 
 to local probation officers and corrections agents. 

    (d) The commissioner shall inform individuals subject to a 
 background study that criminal convictions for disqualifying 
 crimes will be reported to the commissioner by the corrections 
 system. 

    (e) A probation officer, corrections agent, or corrections 
 agency is not civilly or criminally liable for disclosing or 
 failing to disclose the information required by this subdivision.

    (f) Upon receipt of disqualifying information, the 
 commissioner shall provide the notice required under section 
 245C.17, as appropriate, to agencies on record as having 
 initiated a background study or making a request for 
 documentation of the background study status of the individual. 

    (g) This subdivision does not apply to family child care 
 and child foster care programs. 

    HIST: 2003 c 15 art 1 s 5; 1Sp2003 c 14 art 6 s 5