Bill Text: MN HF2467 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human services background studies requirements modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State Chapter 250 [HF2467 Detail]
Download: Minnesota-2013-HF2467-Introduced.html
Bill Title: Human services background studies requirements modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-05-16 - Secretary of State Chapter 250 [HF2467 Detail]
Download: Minnesota-2013-HF2467-Introduced.html
1.2relating to human services; modifying requirements for human services
1.3background studies; amending Minnesota Statutes 2012, sections 245C.03, by
1.4adding a subdivision; 245C.05, subdivisions 1, 2c, 5; 245C.32, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, section 245C.08, subdivision
1.61; proposing coding for new law in Minnesota Statutes, chapter 245C.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 245C.03, is amended by adding a
1.9subdivision to read:
1.10 Subd. 8. Self-initiated background studies. Upon implementation of the enhanced
1.11background study system, the commissioner shall conduct background studies according
1.12to this chapter when initiated by an individual who is not currently affiliated with an entity
1.13required to complete a background study under this chapter.
1.14 Sec. 2. Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:
1.15 Subdivision 1. Individual studied. (a) The individual who is the subject of the
1.16background study must provide the applicant, license holder, or other entity under section
1.17245C.04
with sufficient information to ensure an accurate study, including:
1.18 (1) the individual's first, middle, and last name and all other names by which the
1.19individual has been known;
1.20 (2) home address, city, and state of residence;
1.21 (3) zip code;
1.22 (4) sex;
1.23 (5) date of birth; and
1.24 (6) Minnesota driver's license number or state identification number.
2.1 (b) Every subject of a background study conducted or initiated by counties or private
2.2agencies under this chapter must also provide the home address, city, county, and state of
2.3residence for the past five years.
2.4 (c) Every subject of a background study related to private agency adoptions or
2.5related to child foster care licensed through a private agency, who is 18 years of age
2.6or older, shall also provide the commissioner a signed consent for the release of any
2.7information received from national crime information databases to the private agency that
2.8initiated the background study.
2.9 (d) The subject of a background study shall provide fingerprints as required in
2.10subdivision 5, paragraph (c). This paragraph applies to background studies initiated prior
2.11to implementation of the commissioner's enhanced background study system.
2.12 (e) Under the enhanced background study system, every subject of a background
2.13study must provide the commissioner with a set of the background study subject's
2.14classifiable fingerprints and photograph obtained from an authorized agency. The
2.15fingerprints must be submitted using the commissioner's statewide fingerprint collection
2.16system.
2.17 Sec. 3. Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:
2.18 Subd. 2c. Privacy notice to background study subject. (a) For every background
2.19study, the commissioner's notice to the background study subject required under section
2.2013.04, subdivision 2
, that is provided through the commissioner's electronic NETStudy
2.21system or through the commissioner's background study forms shall include the
2.22information inparagraph paragraphs (b) and (c).
2.23(b) The background study subject shall be informed that any previous background
2.24studies that received a set-aside will be reviewed, and without further contact with the
2.25background study subject, the commissioner may notify the agency that initiated the
2.26subsequent background study:
2.27(1) that the individual has a disqualification that has been set aside for the program
2.28or agency that initiated the study;
2.29(2) the reason for the disqualification; and
2.30(3) that information about the decision to set aside the disqualification will be
2.31available to the license holder upon request without the consent of the background study
2.32subject.
2.33(c) The background study subject shall also be informed that:
2.34(1) the subject's fingerprints collected for purposes of completing the background
2.35study under this chapter shall not be retained by the Minnesota Department of Public
3.1Safety, Bureau of Criminal Apprehension, or by the commissioner, but will be retained
3.2by the Federal Bureau of Investigation and may be used for law enforcement-related
3.3activities performed by that agency; and
3.4(2) effective upon implementation of the enhanced background study system, the
3.5subject's photographic image will be stored and made available to prospective employers
3.6and agencies initiating background studies under this chapter to verify the identity of the
3.7subject of the background study.
3.8 Sec. 4. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
3.9 Subd. 5. Fingerprints. (a) Paragraphs (a) to (c) apply to background studies
3.10initiated before implementation of the enhanced background study system. Except as
3.11provided in paragraph (c), for any background study completed under this chapter, when
3.12the commissioner has reasonable cause to believe that further pertinent information may
3.13exist on the subject of the background study, the subject shall provide the commissioner
3.14with a set of classifiable fingerprints obtained from an authorized agency.
3.15 (b) For purposes of requiring fingerprints, the commissioner has reasonable cause
3.16when, but not limited to, the:
3.17 (1) information from the Bureau of Criminal Apprehension indicates that the subject
3.18is a multistate offender;
3.19 (2) information from the Bureau of Criminal Apprehension indicates that multistate
3.20offender status is undetermined; or
3.21 (3) commissioner has received a report from the subject or a third party indicating
3.22that the subject has a criminal history in a jurisdiction other than Minnesota.
3.23 (c) Except as specified under section245C.04, subdivision 1 , paragraph (d), for
3.24background studies conducted by the commissioner for child foster care or adoptions,
3.25the subject of the background study, who is 18 years of age or older, shall provide the
3.26commissioner with a set of classifiable fingerprints obtained from an authorized agency.
3.27 (d) For background studies initiated on or after implementation of the enhanced
3.28background study system, every subject of a background study must provide the
3.29commissioner with a set of the background study subject's classifiable fingerprints and
3.30photograph obtained from an authorized agency. The fingerprints must be submitted using
3.31the commissioner's statewide fingerprint collection system.
3.32 Sec. 5. [245C.051] DESTRUCTION OF BACKGROUND STUDY
3.33INFORMATION AT REQUEST OF BACKGROUND STUDY SUBJECT.
4.1A subject of a background study who has had no affiliation with an entity required to
4.2complete a background study under this chapter for the previous two years and no current
4.3disqualifying characteristic may request in writing that the commissioner destroy any
4.4information used to complete the background study. Upon receipt of a written request
4.5from a background study subject, if the commissioner verifies the background study
4.6subject has had no such affiliation in the previous two years and no current disqualifying
4.7characteristic, the commissioner shall destroy the information used to complete the
4.8subject's background study and shall keep a record of the subject's name and a notation
4.9that the information was destroyed.
4.10 Sec. 6. Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is
4.11amended to read:
4.12 Subdivision 1. Background studies conducted by Department of Human
4.13Services. (a) For a background study conducted by the Department of Human Services,
4.14the commissioner shall review:
4.15 (1) information related to names of substantiated perpetrators of maltreatment of
4.16vulnerable adults that has been received by the commissioner as required under section
4.17626.557, subdivision 9c
, paragraph (j);
4.18 (2) the commissioner's records relating to the maltreatment of minors in licensed
4.19programs, and from findings of maltreatment of minors as indicated through the social
4.20service information system;
4.21 (3) information from juvenile courts as required in subdivision 4 for individuals
4.22listed in section245C.03, subdivision 1 , paragraph (a), when there is reasonable cause;
4.23 (4) information from the Bureau of Criminal Apprehension, including information
4.24regarding a background study subject's registration in Minnesota as a predatory offender
4.25under section243.166 ;
4.26 (5) except as provided inclause clauses (6) and (7), information from the national
4.27crime information system when the commissioner has reasonable cause as defined under
4.28section245C.05 , subdivision 5; and
4.29 (6) for a background study related to a child foster care application for licensure or
4.30adoptions, the commissioner shall also review:
4.31 (i) information from the child abuse and neglect registry for any state in which the
4.32background study subject has resided for the past five years; and
4.33 (ii) information from national crime information databases, when the background
4.34study subject is 18 years of age or older.; and
5.1 (7) for a background study required under section 245C.03, subdivision 2, and
5.2initiated on or after implementation of the enhanced background study system, information
5.3from national crime information databases.
5.4 (b) Notwithstanding expungement by a court, the commissioner may consider
5.5information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
5.6received notice of the petition for expungement and the court order for expungement is
5.7directed specifically to the commissioner.
5.8 (c) The commissioner shall also review criminal case information received according
5.9to section245C.04, subdivision 4a , from the Minnesota court information system that
5.10relates to individuals who have already been studied under this chapter and who remain
5.11affiliated with the agency that initiated the background study.
5.12 Sec. 7. Minnesota Statutes 2012, section 245C.32, is amended by adding a subdivision
5.13to read:
5.14 Subd. 1a. Enhanced background study system. The commissioner shall design,
5.15develop, and test enhancements to the background study system, including changes to
5.16NETStudy, and implement an enhanced background study system no later than July 1, 2015.
1.3background studies; amending Minnesota Statutes 2012, sections 245C.03, by
1.4adding a subdivision; 245C.05, subdivisions 1, 2c, 5; 245C.32, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, section 245C.08, subdivision
1.61; proposing coding for new law in Minnesota Statutes, chapter 245C.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 245C.03, is amended by adding a
1.9subdivision to read:
1.10 Subd. 8. Self-initiated background studies. Upon implementation of the enhanced
1.11background study system, the commissioner shall conduct background studies according
1.12to this chapter when initiated by an individual who is not currently affiliated with an entity
1.13required to complete a background study under this chapter.
1.14 Sec. 2. Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:
1.15 Subdivision 1. Individual studied. (a) The individual who is the subject of the
1.16background study must provide the applicant, license holder, or other entity under section
1.18 (1) the individual's first, middle, and last name and all other names by which the
1.19individual has been known;
1.20 (2) home address, city, and state of residence;
1.21 (3) zip code;
1.22 (4) sex;
1.23 (5) date of birth; and
1.24 (6) Minnesota driver's license number or state identification number.
2.1 (b) Every subject of a background study conducted or initiated by counties or private
2.2agencies under this chapter must also provide the home address, city, county, and state of
2.3residence for the past five years.
2.4 (c) Every subject of a background study related to private agency adoptions or
2.5related to child foster care licensed through a private agency, who is 18 years of age
2.6or older, shall also provide the commissioner a signed consent for the release of any
2.7information received from national crime information databases to the private agency that
2.8initiated the background study.
2.9 (d) The subject of a background study shall provide fingerprints as required in
2.10subdivision 5, paragraph (c). This paragraph applies to background studies initiated prior
2.11to implementation of the commissioner's enhanced background study system.
2.12 (e) Under the enhanced background study system, every subject of a background
2.13study must provide the commissioner with a set of the background study subject's
2.14classifiable fingerprints and photograph obtained from an authorized agency. The
2.15fingerprints must be submitted using the commissioner's statewide fingerprint collection
2.16system.
2.17 Sec. 3. Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:
2.18 Subd. 2c. Privacy notice to background study subject. (a) For every background
2.19study, the commissioner's notice to the background study subject required under section
2.21system or through the commissioner's background study forms shall include the
2.22information in
2.23(b) The background study subject shall be informed that any previous background
2.24studies that received a set-aside will be reviewed, and without further contact with the
2.25background study subject, the commissioner may notify the agency that initiated the
2.26subsequent background study:
2.27(1) that the individual has a disqualification that has been set aside for the program
2.28or agency that initiated the study;
2.29(2) the reason for the disqualification; and
2.30(3) that information about the decision to set aside the disqualification will be
2.31available to the license holder upon request without the consent of the background study
2.32subject.
2.33(c) The background study subject shall also be informed that:
2.34(1) the subject's fingerprints collected for purposes of completing the background
2.35study under this chapter shall not be retained by the Minnesota Department of Public
3.1Safety, Bureau of Criminal Apprehension, or by the commissioner, but will be retained
3.2by the Federal Bureau of Investigation and may be used for law enforcement-related
3.3activities performed by that agency; and
3.4(2) effective upon implementation of the enhanced background study system, the
3.5subject's photographic image will be stored and made available to prospective employers
3.6and agencies initiating background studies under this chapter to verify the identity of the
3.7subject of the background study.
3.8 Sec. 4. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
3.9 Subd. 5. Fingerprints. (a) Paragraphs (a) to (c) apply to background studies
3.10initiated before implementation of the enhanced background study system. Except as
3.11provided in paragraph (c), for any background study completed under this chapter, when
3.12the commissioner has reasonable cause to believe that further pertinent information may
3.13exist on the subject of the background study, the subject shall provide the commissioner
3.14with a set of classifiable fingerprints obtained from an authorized agency.
3.15 (b) For purposes of requiring fingerprints, the commissioner has reasonable cause
3.16when, but not limited to, the:
3.17 (1) information from the Bureau of Criminal Apprehension indicates that the subject
3.18is a multistate offender;
3.19 (2) information from the Bureau of Criminal Apprehension indicates that multistate
3.20offender status is undetermined; or
3.21 (3) commissioner has received a report from the subject or a third party indicating
3.22that the subject has a criminal history in a jurisdiction other than Minnesota.
3.23 (c) Except as specified under section
3.24background studies conducted by the commissioner for child foster care or adoptions,
3.25the subject of the background study, who is 18 years of age or older, shall provide the
3.26commissioner with a set of classifiable fingerprints obtained from an authorized agency.
3.27 (d) For background studies initiated on or after implementation of the enhanced
3.28background study system, every subject of a background study must provide the
3.29commissioner with a set of the background study subject's classifiable fingerprints and
3.30photograph obtained from an authorized agency. The fingerprints must be submitted using
3.31the commissioner's statewide fingerprint collection system.
3.32 Sec. 5. [245C.051] DESTRUCTION OF BACKGROUND STUDY
3.33INFORMATION AT REQUEST OF BACKGROUND STUDY SUBJECT.
4.1A subject of a background study who has had no affiliation with an entity required to
4.2complete a background study under this chapter for the previous two years and no current
4.3disqualifying characteristic may request in writing that the commissioner destroy any
4.4information used to complete the background study. Upon receipt of a written request
4.5from a background study subject, if the commissioner verifies the background study
4.6subject has had no such affiliation in the previous two years and no current disqualifying
4.7characteristic, the commissioner shall destroy the information used to complete the
4.8subject's background study and shall keep a record of the subject's name and a notation
4.9that the information was destroyed.
4.10 Sec. 6. Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is
4.11amended to read:
4.12 Subdivision 1. Background studies conducted by Department of Human
4.13Services. (a) For a background study conducted by the Department of Human Services,
4.14the commissioner shall review:
4.15 (1) information related to names of substantiated perpetrators of maltreatment of
4.16vulnerable adults that has been received by the commissioner as required under section
4.18 (2) the commissioner's records relating to the maltreatment of minors in licensed
4.19programs, and from findings of maltreatment of minors as indicated through the social
4.20service information system;
4.21 (3) information from juvenile courts as required in subdivision 4 for individuals
4.22listed in section
4.23 (4) information from the Bureau of Criminal Apprehension, including information
4.24regarding a background study subject's registration in Minnesota as a predatory offender
4.25under section
4.26 (5) except as provided in
4.27crime information system when the commissioner has reasonable cause as defined under
4.28section
4.29 (6) for a background study related to a child foster care application for licensure or
4.30adoptions, the commissioner shall also review:
4.31 (i) information from the child abuse and neglect registry for any state in which the
4.32background study subject has resided for the past five years; and
4.33 (ii) information from national crime information databases, when the background
4.34study subject is 18 years of age or older
5.1 (7) for a background study required under section 245C.03, subdivision 2, and
5.2initiated on or after implementation of the enhanced background study system, information
5.3from national crime information databases.
5.4 (b) Notwithstanding expungement by a court, the commissioner may consider
5.5information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
5.6received notice of the petition for expungement and the court order for expungement is
5.7directed specifically to the commissioner.
5.8 (c) The commissioner shall also review criminal case information received according
5.9to section
5.10relates to individuals who have already been studied under this chapter and who remain
5.11affiliated with the agency that initiated the background study.
5.12 Sec. 7. Minnesota Statutes 2012, section 245C.32, is amended by adding a subdivision
5.13to read:
5.14 Subd. 1a. Enhanced background study system. The commissioner shall design,
5.15develop, and test enhancements to the background study system, including changes to
5.16NETStudy, and implement an enhanced background study system no later than July 1, 2015.
