2004 Minnesota Statutes

     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, 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. 

    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; and 

    (3) 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 poses an imminent risk of harm to persons 
 served by the program where the individual will have direct 
 contact, 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 continuous, direct supervision, the commissioner shall 
 only notify the individual of the disqualification. 

    Subd. 3.    Disqualification notice sent to applicant, 
 license holder, or other entity.  (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 direct contact with, or 
 from access to, persons 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, the commissioner shall order the license 
 holder to immediately remove the individual studied from direct 
 contact. 

    (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 direct 
 contact services; or 

    (2) assure that the individual studied is under continuous, 
 direct supervision when providing direct contact services during 
 the period in which the individual may request a reconsideration 
 of the disqualification under section 245C.21. 

    (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 
 send the license holder a notice that more time is needed to 
 complete the individual's background study. 

    (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. 

    HIST: 2003 c 15 art 1 s 17; 2004 c 288 art 1 s 55,56