1.1.................... moves to amend H.F. No. 1461 as follows:
1.2Page 11, line 20, strike everything after "(b)"
1.3Page 11, strike lines 21 to 34
1.4Page 12, line 1, strike "(c)" and strike "child foster care"
1.5Page 12, after line 11, insert:
1.6"
(c) In addition to the requirements in paragraph (b), a residential program licensed
1.7by the commissioner of human services under Minnesota Rules, parts 2960.0010 to
1.82960.0710, may serve persons under the age of 21 provided the facility complies with the
1.9following requirements:
1.10(1) for each person age 18 and older served at the program, the program must assess
1.11and document the person's risk of victimizing other residents residing in the facility, and
1.12based on the assessment, the facility must develop and implement necessary measures
1.13to minimize any risk of harm to other residents, including making arrangements for
1.14appropriate sleeping arrangements; and
1.15(2) the program must assure that the services and living arrangements provided to all
1.16residents are suitable to the age and functioning of the residents, including separation of
1.17services, staff supervision, and other program operations as appropriate."
1.18Page 12, line 12, strike "paragraph" and insert "
subdivision"
1.19Page 21, after line 34, insert:
1.20"
(k) For purposes of family child care, substitute caregivers must receive repeat
1.21background studies at the time of each license renewal."
1.22Page 21, after line 34, insert:
1.23 "Sec. .... Minnesota Statutes 2010, section 245C.05, is amended by adding a
1.24subdivision to read:
1.25 Subd. 2c. Privacy notice to background study subject. (a) For every background
1.26study, the commissioner's notice to the background study subject, required under
1.27section 13.04, subdivision 2, that is provided through the commissioner's electronic
2.1NETStudy system or through the commissioner's background study forms shall include
2.2the information in paragraph (b).
2.3(b) The background study subject shall be informed that any previous background
2.4studies that received a set aside will be reviewed, and without further contact with the
2.5background study subject, the commissioner may notify the agency that initiated the
2.6subsequent background study that:
2.7(1) the individual has a disqualification that has been set aside for the program or
2.8agency that initiated the study;
2.9(2) the reason for the disqualification; and
2.10(3) information about the decision to set aside the disqualification will be available
2.11to the license holder upon request without the consent of the background study subject."
2.12Page 33, after line 15, insert:
2.13 "Sec. .... Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read:
2.14 Subdivision 1.
Determining immediate risk of harm. (a) If the commissioner
2.15determines that the individual studied has a disqualifying characteristic, the commissioner
2.16shall review the information immediately available and make a determination as to the
2.17subject's immediate risk of harm to persons served by the program where the individual
2.18studied will have direct contact with, or access to, people receiving services.
2.19 (b) The commissioner shall consider all relevant information available, including the
2.20following factors in determining the immediate risk of harm:
2.21 (1) the recency of the disqualifying characteristic;
2.22 (2) the recency of discharge from probation for the crimes;
2.23 (3) the number of disqualifying characteristics;
2.24 (4) the intrusiveness or violence of the disqualifying characteristic;
2.25 (5) the vulnerability of the victim involved in the disqualifying characteristic;
2.26 (6) the similarity of the victim to the persons served by the program where the
2.27individual studied will have direct contact;
2.28 (7) whether the individual has a disqualification from a previous background study
2.29that has not been set aside; and
2.30 (8) if the individual has a disqualification which may not be set aside because it is
2.31a permanent bar under section
245C.24, subdivision 1, the commissioner may order the
2.32immediate removal of the individual from any position allowing direct contact with, or
2.33access to, persons receiving services from the program.
2.34 (c) This section does not apply when the subject of a background study is regulated
2.35by a health-related licensing board as defined in chapter 214, and the subject is determined
2.36to be responsible for substantiated maltreatment under section
626.556 or
626.557.
3.1 (d) This section does not apply to a background study related to an initial application
3.2for a child foster care license.
3.3(e) This section does not apply to background studies that are also subject to the
3.4requirements under section 256B.0659, subdivisions 11 and 13, for personal care assistants
3.5and qualified professionals as defined in section 256B.0659, subdivision 1.
3.6 (e) (f) If the commissioner has reason to believe, based on arrest information or an
3.7active maltreatment investigation, that an individual poses an imminent risk of harm to
3.8persons receiving services, the commissioner may order that the person be continuously
3.9supervised or immediately removed pending the conclusion of the maltreatment
3.10investigation or criminal proceedings.
3.11 Sec. .... Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:
3.12 Subd. 2.
Disqualification notice sent to subject. (a) If the information in the study
3.13indicates the individual is disqualified from direct contact with, or from access to, persons
3.14served by the program, the commissioner shall disclose to the individual studied:
3.15 (1) the information causing disqualification;
3.16 (2) instructions on how to request a reconsideration of the disqualification;
3.17 (3) an explanation of any restrictions on the commissioner's discretion to set aside
3.18the disqualification under section
245C.24, when applicable to the individual;
3.19(4) a statement that, if the individual's disqualification is set aside under section
3.20245C.22, the applicant, license holder, or other entity that initiated the background study
3.21will be provided with the reason for the individual's disqualification and an explanation
3.22that the factors under section 245C.22, subdivision 4, which were the basis of the decision
3.23to set aside the disqualification shall be made available to the license holder upon request
3.24without the consent of the subject of the background study;
3.25 (4) (5) a statement indicating that if the individual's disqualification is set aside or
3.26the facility is granted a variance under section
245C.30, the individual's identity and the
3.27reason for the individual's disqualification will become public data under section
245C.22,
3.28subdivision 7
, when applicable to the individual;
and
3.29(6) a statement that when a subsequent background study is initiated on the
3.30individual following a set aside of the individual's disqualification, and the commissioner
3.31makes a determination under section 245C.22, subdivision 5, paragraph (b), that the
3.32previous set aside applies to the subsequent background study, the applicant, license
3.33holder, or other entity that initiated the background study will be informed in the notice
3.34under section 245C.22, subdivision 5, paragraph (c):
3.35(i) of the reason for the individual's disqualification;
4.1(ii) that the individual's disqualification is set aside for that program or agency; and
4.2(iii) that information about the factors under section 245C.22, subdivision 4, that
4.3were the basis of the decision to set aside the disqualification are available to the license
4.4holder upon request without the consent of the background study subject; and
4.5 (5) (7) the commissioner's determination of the individual's immediate risk of harm
4.6under section
245C.16.
4.7 (b) If the commissioner determines under section
245C.16 that an individual poses
4.8an imminent risk of harm to persons served by the program where the individual will have
4.9direct contact with, or access to, people receiving services, the commissioner's notice must
4.10include an explanation of the basis of this determination.
4.11 (c) If the commissioner determines under section
245C.16 that an individual studied
4.12does not pose a risk of harm that requires immediate removal, the individual shall be
4.13informed of the conditions under which the agency that initiated the background study
4.14may allow the individual to have direct contact with, or access to, people receiving
4.15services, as provided under subdivision 3."
4.16Page 33, delete section 25, and insert:
4.17 "Sec. .... Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:
4.18 Subd. 5.
Scope of set-aside. (a) If the commissioner sets aside a disqualification
4.19under this section, the disqualified individual remains disqualified, but may hold a license
4.20and have direct contact with or access to persons receiving services.
Except as provided
4.21in paragraph (b), the commissioner's set-aside of a disqualification is limited solely
4.22to the licensed program, applicant, or agency specified in the set aside notice under
4.23section
245C.23, unless otherwise specified in the notice. For personal care provider
4.24organizations, the commissioner's set-aside may further be limited to a specific individual
4.25who is receiving services.
For new background studies required under section 245C.04,
4.26subdivision 1, paragraph (i), if an individual's disqualification was previously set aside for
4.27the license holder's program and the new background study results in no new information
4.28that indicates the individual may pose a risk of harm to persons receiving services from
4.29the license holder, the previous set aside shall remain in effect.
4.30(b) If the commissioner has previously set aside an individual's disqualification
4.31for one or more programs or agencies, and the individual is the subject of a subsequent
4.32background study for a different program or agency, the commissioner shall determine
4.33whether the disqualification is set aside for the program or agency that initiated the
4.34subsequent background study. A notice of set aside under paragraph (c) shall be issued
4.35within 15 working days if all of the following criteria are met:
5.1(1) the subsequent background study was initiated in connection with a program
5.2licensed or regulated under the same provisions of law and rule for at least one program
5.3for which the individual's disqualification was previously set aside by the commissioner;
5.4(2) the individual is not disqualified for an offense specified in section 245C.15,
5.5subdivision 1 or 2;
5.6(3) the commissioner has received no new information to indicate that the individual
5.7may pose a risk of harm to any person served by the program; and
5.8(4) the previous set aside was not limited to a specific person receiving services.
5.9(c) When a disqualification is set aside under paragraph (b), the notice of background
5.10study results issued under section 245C.17, in addition to the requirements under section
5.11245C.17, shall state that the disqualification is set aside for the program or agency that
5.12initiated the subsequent background study. The notice must inform the individual that the
5.13individual may request reconsideration of the disqualification under section 245C.21 on
5.14the basis that the information used to disqualify the individual is incorrect.
5.15 Sec. .... Minnesota Statutes 2010, section 245C.24, subdivision 2, is amended to read:
5.16 Subd. 2.
Permanent bar to set aside a disqualification. (a) Except as
otherwise
5.17provided in
paragraph (b) this section, the commissioner may not set aside the
5.18disqualification of any individual disqualified pursuant to this chapter, regardless of how
5.19much time has passed, if the individual was disqualified for a crime or conduct listed in
5.20section
245C.15, subdivision 1.
5.21 (b) For an individual in the chemical dependency or corrections field who was
5.22disqualified for a crime or conduct listed under section
245C.15, subdivision 1, and whose
5.23disqualification was set aside prior to July 1, 2005, the commissioner must consider
5.24granting a variance pursuant to section
245C.30 for the license holder for a program
5.25dealing primarily with adults. A request for reconsideration evaluated under this paragraph
5.26must include a letter of recommendation from the license holder that was subject to the
5.27prior set-aside decision addressing the individual's quality of care to children or vulnerable
5.28adults and the circumstances of the individual's departure from that service.
5.29(c) When a licensed foster care provider adopts an individual who had received
5.30foster care services from the provider for over six months, and the adopted individual is
5.31required to receive a background study under section
245C.03, subdivision 1, paragraph
5.32(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
5.33section
245C.30 to permit the adopted individual with a permanent disqualification
5.34to remain affiliated with the license holder under the conditions of the variance when
6.1the variance is recommended by the county of responsibility for each of the remaining
6.2individuals in placement in the home and the licensing agency for the home.
6.3(d) When an individual who was disqualified for a crime or conduct under section
6.4245C.15, subdivision 1, that was committed while the individual was under age 18, unless
6.5the individual was convicted of the crime following certification to district court under
6.6section 260B.125, the commissioner shall consider granting a set aside under section
6.7245C.22 or a variance under section 245C.30 after the individual reaches 21 years of age.
6.8(e) For background studies related to an application or license to provide child
6.9foster care for a specific child or children related to the applicant or license holder, the
6.10commissioner shall consider granting a variance under section 245C.30 to an individual
6.11with a disqualification under section 245C.15, subdivision 1. The variance shall be limited
6.12to the specific child or children related to the applicant or license holder.
6.13(f) When a background study is required on a child foster care provider's former
6.14recipient of foster care services because the former recipient of foster care services
6.15returns for occasional overnight visits or temporarily resides with the foster parents, the
6.16commissioner shall consider granting a variance under section 245C.30 related to the
6.17former foster care recipient with a disqualification under section 245C.15, subdivision 1."
6.18Page 38, delete section 30
6.19Page 40, delete section 31
6.20Page 43, delete sections 32, 33, and 34
6.21Renumber the sections in sequence and correct the internal references
6.22Amend the title accordingly