2006 Minnesota Statutes

245C.08 BACKGROUND STUDY; INFORMATION COMMISSIONER REVIEWS.
    Subdivision 1. Background studies conducted by commissioner of human services. (a)
For a background study conducted by the commissioner, the commissioner shall review:
(1) information related to names of substantiated perpetrators of maltreatment of vulnerable
adults that has been received by the commissioner as required under section 626.557, subdivision
9c , paragraph (i);
(2) the commissioner's records relating to the maltreatment of minors in licensed programs,
and from county agency findings of maltreatment of minors as indicated through the social
service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed in
section 245C.03, subdivision 1, clauses (2), (5), and (6); and
(4) information from the Bureau of Criminal Apprehension.
(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice of
the petition for expungement and the court order for expungement is directed specifically to the
commissioner.
    Subd. 2. Background studies conducted by a county or private agency. (a) For a
background study conducted by a county or private agency for child foster care, adult foster care,
and family child care homes, the commissioner shall review:
(1) information from the county agency's record of substantiated maltreatment of adults and
the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for individuals listed in
section 245C.03, subdivision 1, clauses (2), (5), and (6);
(3) information from the Bureau of Criminal Apprehension; and
(4) arrest and investigative records maintained by the Bureau of Criminal Apprehension,
county attorneys, county sheriffs, courts, county agencies, local police, the National Criminal
Records Repository, and criminal records from other states.
(b) If the individual has resided in the county for less than five years, the study shall include
the records specified under paragraph (a) for the previous county or counties of residence for the
past five years.
(c) Notwithstanding expungement by a court, the county or private agency may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed specifically
to the commissioner.
    Subd. 3. Arrest and investigative information. (a) For any background study completed
under this section, if the commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual, the commissioner also may review arrest and
investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioner of health;
(3) a county attorney;
(4) a county sheriff;
(5) a county agency;
(6) a local chief of police;
(7) other states;
(8) the courts; or
(9) the Federal Bureau of Investigation.
(b) The commissioner is not required to conduct more than one review of a subject's records
from the Federal Bureau of Investigation if a review of the subject's criminal history with the
Federal Bureau of Investigation has already been completed by the commissioner and there has
been no break in the subject's affiliation with the license holder who initiated the background study.
    Subd. 4. Juvenile court records. (a) The commissioner shall review records from the
juvenile courts for an individual studied under section 245C.03, subdivision 1, clauses (2) and (5).
(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), (4), and
(6), and subdivision 2, who are ages 13 to 17, the commissioner shall review records from the
juvenile courts when the commissioner has reasonable cause.
(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records on individuals described in section 245C.03, subdivision 1, clauses (2),
(5), and (6), relating to delinquency proceedings held within either the five years immediately
preceding the background study or the five years immediately preceding the individual's 18th
birthday, whichever time period is longer.
(d) For purposes of this chapter, a finding that a delinquency petition is proven in juvenile
court shall be considered a conviction in state district court.
(e) The commissioner shall destroy juvenile court records obtained under this subdivision
when the subject of the records reaches age 23.
History: 2003 c 15 art 1 s 8; 1Sp2003 c 14 art 6 s 5; 2004 c 288 art 1 s 45-47; 1Sp2005 c
4 art 1 s 28,29