1.2relating to human services; providing an exception to disqualification from
1.3working in human services licensed programs; amending Minnesota Statutes
1.42012, section 245C.14, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 245C.14, subdivision 1, is amended to read:
1.7    Subdivision 1. Disqualification from direct contact. (a) The commissioner shall
1.8disqualify an individual who is the subject of a background study from any position
1.9allowing direct contact with persons receiving services from the license holder or entity
1.10identified in section 245C.03, upon receipt of information showing, or when a background
1.11study completed under this chapter shows any of the following:
1.12    (1) a conviction of, admission to, or Alford plea to one or more crimes listed in
1.13section 245C.15, regardless of whether the conviction or admission is a felony, gross
1.14misdemeanor, or misdemeanor level crime;
1.15    (2) a preponderance of the evidence indicates the individual has committed an act
1.16or acts that meet the definition of any of the crimes listed in section 245C.15, regardless
1.17of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
1.18misdemeanor level crime; or
1.19    (3) an investigation results in an administrative determination listed under section
1.20245C.15, subdivision 4 , paragraph (b).
1.21    (b) No individual who is disqualified following a background study under section
1.22245C.03 , subdivisions 1 and 2, may be retained in a position involving direct contact
1.23with persons served by a program or entity identified in section 245C.03, unless the
1.24commissioner has provided written notice under section 245C.17 stating that:
2.1    (1) the individual may remain in direct contact during the period in which the
2.2individual may request reconsideration as provided in section 245C.21, subdivision 2;
2.3    (2) the commissioner has set aside the individual's disqualification for that program
2.4or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
2.5    (3) the license holder has been granted a variance for the disqualified individual
2.6under section 245C.30.
2.7(c) An individual must not be disqualified if the individual's only disqualifying
2.8offense or offenses occurred when the individual was a minor, and five or more years have
2.9passed during which time the individual has committed no other disqualifying offenses.
2.10This paragraph does not apply to an individual who was convicted of the disqualifying
2.11crime following certification under section 260B.125.