2007 Minnesota Statutes

245C.24 DISQUALIFICATION; BAR TO SET ASIDE A DISQUALIFICATION;
REQUEST FOR VARIANCE.
    Subdivision 1. Minimum disqualification periods. The disqualification periods under
subdivisions 3 and 4 are the minimum applicable disqualification periods. The commissioner
may determine that an individual should continue to be disqualified from licensure because the
individual continues to pose a risk of harm to persons served by that individual, even after the
minimum disqualification period has passed.
    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in paragraph
(b), the commissioner may not set aside the disqualification of any individual disqualified pursuant
to this chapter, regardless of how much time has passed, if the individual was disqualified for a
crime or conduct listed in section 245C.15, subdivision 1.
(b) For an individual in the chemical dependency field who was disqualified for a crime or
conduct listed under section 245C.15, subdivision 1, and whose disqualification was set aside prior
to July 1, 2005, the commissioner must consider granting a variance pursuant to section 245C.30
for the license holder for a program dealing primarily with adults. A request for reconsideration
evaluated under this paragraph must include a letter of recommendation from the license holder
that was subject to the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's departure from that service.
    Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may not set aside
the disqualification of an individual in connection with a license to provide family child care for
children, foster care for children in the provider's home, or foster care or day care services for
adults in the provider's home if: (1) less than ten years has passed since the discharge of the
sentence imposed, if any, for the offense; or (2) when disqualified based on a preponderance of
evidence determination under section 245C.14, subdivision 1, paragraph (a), clause (2), or an
admission under section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years
has passed since the individual committed the act or admitted to committing the act, whichever is
later; and (3) the individual has committed a violation of any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicide under 609.21 (criminal
vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted suicide); felony
violations under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes
committed for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or
to facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 609.562 (arson in
the second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first degree or first
degree tampering with a witness); burglary in the first or second degree under 609.582 (burglary);
609.66 (dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled
shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022
(controlled substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4)
or subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024, subdivision
1, clause (2), (3), or (4) (controlled substance crime in the fourth degree); 609.224, subdivision 2,
paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult); 609.23 (mistreatment
of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse
of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to
609.2665 (manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672
(assault of an unborn child in the first, second, or third degree); 609.268 (injury or death of an
unborn child in the commission of a crime); repeat offenses under 617.23 (indecent exposure);
617.293 (disseminating or displaying harmful material to minors); a felony-level conviction
involving alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1 (other
prohibited acts); a gross misdemeanor offense under 609.378 (neglect or endangerment of a
child); a gross misdemeanor offense under 609.377 (malicious punishment of a child); 609.72,
subdivision 3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not
to possess firearms).
    (b) The commissioner may not set aside the disqualification of an individual if less than ten
years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a) as each of these offenses is defined in Minnesota Statutes.
    (c) The commissioner may not set aside the disqualification of an individual if less than ten
years have passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraph (a).
    Subd. 4. Seven-year bar to set aside disqualification. The commissioner may not set aside
the disqualification of an individual in connection with a license to provide family child care for
children, foster care for children in the provider's home, or foster care or day care services for
adults in the provider's home if within seven years preceding the study:
(1) the individual committed an act that constitutes maltreatment of a child under section
626.556, subdivision 10e, and the maltreatment resulted in substantial bodily harm as defined
in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by
competent psychological or psychiatric evidence; or
(2) the individual was determined under section 626.557 to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult that resulted in substantial bodily
harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as
supported by competent psychological or psychiatric evidence.
History: 2003 c 15 art 1 s 24; 2005 c 136 art 6 s 7; 1Sp2005 c 4 art 1 s 39,40; 2006 c
264 s 10; 2007 c 112 s 45