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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

245C.17 NOTICE OF BACKGROUND STUDY RESULTS.
    Subdivision 1. Time frame for notice of study results. (a) Within 15 working days after
the commissioner's receipt of the background study form, the commissioner shall notify the
individual who is the subject of the study in writing or by electronic transmission of the results of
the study or that more time is needed to complete the study.
(b) Within 15 working days after the commissioner's receipt of the background study form
submitted on paper, the commissioner shall notify the applicant, license holder, or other entity as
provided in this chapter in writing or by electronic transmission of the results of the study or that
more time is needed to complete the study.
(c) Within three days after the commissioner's receipt of a request for a background
study submitted through the commissioner's online system, the commissioner shall provide an
electronic notification to the applicant, license holder, or other entity as provided in this chapter.
The electronic notification shall disclose the results of the study or that more time is needed to
complete the study.
(d) When the commissioner has completed a prior background study on an individual that
resulted in an order for immediate removal and more time is necessary to complete a subsequent
study, the notice that more time is needed that is issued under paragraphs (a), (b), and (c) shall
include an order for immediate removal of the individual from any position allowing direct
contact with or access to people receiving services pending completion of the background study.
    Subd. 2. Disqualification notice sent to subject. (a) If the information in the study indicates
the individual is disqualified from direct contact with, or from access to, persons served by the
program, the commissioner shall disclose to the individual studied:
    (1) the information causing disqualification;
    (2) instructions on how to request a reconsideration of the disqualification;
    (3) an explanation of any restrictions on the commissioner's discretion to set aside the
disqualification under section 245C.24, when applicable to the individual;
    (4) a statement indicating that if the individual's disqualification is set aside or the facility
is granted a variance under section 245C.30, the individual's identity and the reason for the
individual's disqualification will become public data under section 245C.22, subdivision 7, when
applicable to the individual; and
    (5) the commissioner's determination of the individual's immediate risk of harm under
section 245C.16.
    (b) If the commissioner determines under section 245C.16 that an individual poses an
imminent risk of harm to persons served by the program where the individual will have direct
contact with, or access to, people receiving services, the commissioner's notice must include an
explanation of the basis of this determination.
    (c) If the commissioner determines under section 245C.16 that an individual studied does
not pose a risk of harm that requires immediate removal, the individual shall be informed of the
conditions under which the agency that initiated the background study may allow the individual to
have direct contact with, or access to, people receiving services, as provided under subdivision 3.
    Subd. 3. Disqualification notification. (a) The commissioner shall notify an applicant,
license holder, or other entity as provided in this chapter who is not the subject of the study:
    (1) that the commissioner has found information that disqualifies the individual studied from
being in a position allowing direct contact with, or access to, people served by the program; and
    (2) the commissioner's determination of the individual's risk of harm under section 245C.16.
    (b) If the commissioner determines under section 245C.16 that an individual studied poses
an imminent risk of harm to persons served by the program where the individual studied will have
direct contact with, or access to, people served by the program, the commissioner shall order the
license holder to immediately remove the individual studied from any position allowing direct
contact with, or access to, people served by the program.
    (c) If the commissioner determines under section 245C.16 that an individual studied poses
a risk of harm that requires continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this chapter to:
    (1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or
    (2) before allowing the disqualified individual to be in a position allowing direct contact
with, or access to, people receiving services, the applicant, license holder, or other entity, as
provided in this chapter, must:
    (i) obtain from the disqualified individual a copy of the individual's notice of disqualification
from the commissioner that explains the reason for disqualification;
    (ii) ensure that the individual studied is under continuous, direct supervision when in a
position allowing direct contact with, or access to, people receiving services during the period
in which the individual may request a reconsideration of the disqualification under section
245C.21; and
    (iii) ensure that the disqualified individual requests reconsideration within 30 days of receipt
of the notice of disqualification.
    (d) If the commissioner determines under section 245C.16 that an individual studied does not
pose a risk of harm that requires continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this chapter to:
    (1) immediately remove the individual studied from any position allowing direct contact
with, or access to, people receiving services; or
    (2) before allowing the disqualified individual to be in any position allowing direct contact
with, or access to, people receiving services, the applicant, license holder, or other entity as
provided in this chapter must:
    (i) obtain from the disqualified individual a copy of the individual's notice of disqualification
from the commissioner that explains the reason for disqualification; and
    (ii) ensure that the disqualified individual requests reconsideration within 15 days of receipt
of the notice of disqualification.
    (e) The commissioner shall not notify the applicant, license holder, or other entity as
provided in this chapter of the information contained in the subject's background study unless:
    (1) the basis for the disqualification is failure to cooperate with the background study or
substantiated maltreatment under section 626.556 or 626.557;
    (2) the Data Practices Act under chapter 13 provides for release of the information; or
    (3) the individual studied authorizes the release of the information.
    Subd. 4. Disqualification notice to family child care or foster care provider. For studies
on individuals pertaining to a license to provide family child care or group family child care,
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, the commissioner is not required to provide a separate notice of
the background study results to the individual who is the subject of the study unless the study
results in a disqualification of the individual.
    Subd. 5. Notice to county or private agency. For studies on individuals related to a license
to provide child foster care, the commissioner shall also provide a notice of the background study
results to the county or private agency that initiated the background study.
History: 2003 c 15 art 1 s 17; 2004 c 288 art 1 s 55,56; 2005 c 136 art 6 s 3-5; 2007 c
112 s 39,40; 2007 c 147 art 3 s 19

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