Title Minnesota Statutes, Minnesota Statutes

245C.033 GUARDIANS AND CONSERVATORS; MALTREATMENT AND STATE LICENSING AGENCY CHECKS. § Subdivision 1.Maltreatment data. Requests for maltreatment data submitted pursuant to section 524.5-118 must include information regarding whether the guardian or conservator has been a perpetr…

245C.04 WHEN BACKGROUND STUDY MUST OCCUR. § Subdivision 1.Licensed programs; other child care programs. (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial licens…

245C.041 EMERGENCY WAIVER TO TEMPORARILY MODIFY BACKGROUND STUDY REQUIREMENTS. (a) In the event of an emergency identified by the commissioner, the commissioner may temporarily waive or modify provisions in this chapter, except that the commissioner shall not waive or modify: (1)…

245C.05 BACKGROUND STUDY; INFORMATION AND DATA PROVIDED TO COMMISSIONER. § Subdivision 1.Individual studied. (a) The individual who is the subject of the background study must provide the applicant, license holder, or other entity under section 245C.04 with sufficient information…

245C.051 DESTRUCTION OF BACKGROUND STUDY SUBJECT INFORMATION. (a) A background study subject may request in writing to the commissioner that information used to complete the individual's study in NETStudy 2.0 be destroyed if the individual: (1) has not been affiliated with any en…

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES. (a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other entity owns multiple programs or services that are licensed by the Department of Human Services; Department of Children, Youth, an…

245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS. § Subdivision 1.Background studies conducted by Department of Human Services. (a) For a background study conducted by the Department of Human Services, the commissioner shall review: (1) information related to names of substantiated…

245C.09 FAILURE OR REFUSAL TO COOPERATE WITH BACKGROUND STUDY. § Subdivision 1.Disqualification; licensing action. An applicant's, license holder's, or other entity's failure or refusal to cooperate with the commissioner, including failure to provide additional information requir…

245C.10 BACKGROUND STUDY; FEES. § Subdivision 1. [Repealed, 2009 c 142 art 2 s 49] § Subd. 1a.Expenses. Section 181.645 does not apply to background studies completed under this chapter. § Subd. 1b.Background study fees. (a) The commissioner shall recover the cost of background s…

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS. § Subdivision 1.Access to data. For the purposes of background studies completed by tribal organizations performing licensing activities otherwise required of the commissioner under this chapter, after obtaining consent from the bac…

245C.13 BACKGROUND STUDY PROCESSING. § Subdivision 1.Completion of background study. Upon receipt of the background study forms from an applicant, license holder, or other entity as provided in this chapter required to initiate a background study under section 245C.04, the commis…

245C.14 DISQUALIFICATION. § Subdivision 1.Disqualification from direct contact. (a) The commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity…

245C.15 DISQUALIFYING CRIMES OR CONDUCT. § Subdivision 1.Permanent disqualification. (a) An individual is disqualified under section 245C.14 if: (1) regardless of how much time has passed since the discharge of the sentence imposed, if any, for the offense; and (2) unless otherwi…

245C.16 DISQUALIFIED INDIVIDUAL'S RISK OF HARM. § Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines that the individual studied has a disqualifying characteristic, the commissioner shall review the information immediately available and make a de…

245C.17 NOTICE OF BACKGROUND STUDY RESULTS. § Subdivision 1.Time frame for notice of study results and auditing system access. (a) Within three working days after the commissioner's receipt of a request for a background study submitted through the commissioner's NETStudy or NETSt…

245C.18 OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM DIRECT CONTACT AND FROM WORKING IN A PROGRAM, FACILITY, SETTING, OR CENTER. (a) Upon receipt of notice from the commissioner, the license holder must remove a disqualified individual from direct contact with persons served…

245C.19 TERMINATION OF AFFILIATION BASED ON DISQUALIFICATION NOTICE. An applicant or license holder that terminates affiliation with persons studied under section 245C.03, when the termination is made in good faith reliance on a notice of disqualification provided by the commissi…

245C.20 LICENSE HOLDER RECORD KEEPING. § Subdivision 1.Background studies initiated by program. A licensed program shall document the date the program initiates a background study under this chapter and the date the subject of the study first has direct contact with persons serve…

245C.21 REQUESTING RECONSIDERATION OF DISQUALIFICATION. § Subdivision 1.Who may request reconsideration. An individual who is the subject of a disqualification may request a reconsideration of the disqualification pursuant to this section. The individual must submit the request f…

245C.22 REVIEW AND ACTION ON A RECONSIDERATION REQUEST. § Subdivision 1.Time frame; response to disqualification reconsideration requests. (a) The commissioner shall respond in writing or by electronic transmission to all reconsideration requests for which the basis for the reque…

245C.23 COMMISSIONER'S RECONSIDERATION NOTICE. § Subdivision 1.Disqualification that is rescinded or set aside. (a) If the commissioner rescinds or sets aside a disqualification, the commissioner shall notify the applicant, license holder, or other entity in writing or by electro…

245C.24 DISQUALIFICATION; BAR TO SET ASIDE A DISQUALIFICATION; REQUEST FOR VARIANCE. § Subdivision 1.Minimum disqualification periods. The disqualification periods under subdivisions 3 to 5 are the minimum applicable disqualification periods. The commissioner may determine that a…

245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT DETERMINATION AND DISQUALIFICATION. (a) If an individual is disqualified on the basis of a determination of maltreatment under section 626.557 or chapter 260E, which was serious or recurring, and the individual requests reconsi…

245C.26 RECONSIDERATION OF A DISQUALIFICATION FOR AN INDIVIDUAL LIVING IN A LICENSED HOME. In the case of any ground for disqualification under this chapter, if the act was committed by an individual other than the applicant or license holder residing in the applicant's or licens…

245C.27 FAIR HEARING RIGHTS. § Subdivision 1.Fair hearing following a reconsideration decision. (a) An individual who is disqualified on the basis of a preponderance of evidence that the individual committed an act or acts that meet the definition of any of the crimes listed in s…

245C.28 CONTESTED CASE HEARING RIGHTS. § Subdivision 1.License holder. (a) If a maltreatment determination or a disqualification for which reconsideration was timely requested and which was not set aside is the basis for a denial of a license under section 245A.05 or a licensing …

245C.29 CONCLUSIVE DETERMINATIONS OR DISPOSITIONS. § Subdivision 1.Conclusive maltreatment determination or disposition. Unless otherwise specified in statute, a maltreatment determination or disposition under section 626.557 or chapter 260E is conclusive, if: (1) the commissione…

245C.30 VARIANCE FOR A DISQUALIFIED INDIVIDUAL. § Subdivision 1.License holder and license-exempt child care center certification holder variance. (a) Except for any disqualification under section 245C.15, subdivision 1, when the commissioner has not set aside a background study …

245C.31 INDIVIDUAL REGULATED BY A HEALTH-RELATED LICENSING BOARD; DISQUALIFICATION BASED ON MALTREATMENT. § Subdivision 1.Board determines disciplinary or corrective action. (a) The commissioner shall notify a health-related licensing board as defined in section 214.01, subdivisi…

245C.32 SYSTEMS AND RECORDS. § Subdivision 1.Establishment. The commissioner may establish systems and records to fulfill the requirements of this chapter. § Subd. 1a.NETStudy 2.0 system. (a) The commissioner shall design, develop, and test the NETStudy 2.0 system and implement i…

245C.33 ADOPTION AND TRANSFER OF PERMANENT LEGAL AND PHYSICAL CUSTODY BACKGROUND STUDY REQUIREMENTS. § Subdivision 1.Background study requirements. (a) Before placement of a child for purposes of adoption, the commissioner shall conduct a background study on individuals listed in…

245C.34 ADOPTION AND CHILD FOSTER CARE BACKGROUND STUDIES; TRIBAL ORGANIZATIONS. § Subdivision 1.Background studies may be conducted by commissioner. (a) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals u…