2004 Minnesota Statutes

     245C.08 Background study; information commissioner 
  reviews. 

    Subdivision 1.    Background studies conducted by 
 commissioner of human services.  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; 

    (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. 

    Subd. 2.    Background studies conducted by a county or 
 private agency; foster care and family child care.  (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. 

    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. 

    HIST: 2003 c 15 art 1 s 8; 1Sp2003 c 14 art 6 s 5; 2004 c 288 
 art 1 s 45-47