Section 245C.01 — Title.

245C.01 TITLE. This chapter may be cited as the “Department of Human Services Background Studies Act.” History: 2003 c 15 art 1 s 1

Section 245C.02 — Definitions.

245C.02 DEFINITIONS. Subdivision 1. Scope. The definitions in this section apply to this chapter. Subd. 2. Access to persons served by a program. “Access to persons served by a program” means physical access to persons receiving services, access to the persons’ personal property, or access to the persons’ personal, financial, or health information, without continuous, […]

Section 245C.03 — Background Study; Individuals To Be Studied.

245C.03 BACKGROUND STUDY; INDIVIDUALS TO BE STUDIED. Subdivision 1. Licensed programs. (a) The commissioner shall conduct a background study on: (1) the person or persons applying for a license; (2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the […]

Section 245C.031 — Background Study; Alternative Background Studies.

245C.031 BACKGROUND STUDY; ALTERNATIVE BACKGROUND STUDIES. Subdivision 1. Alternative background studies. (a) The commissioner shall conduct an alternative background study of individuals listed in this section. (b) Notwithstanding other sections of this chapter, all alternative background studies except subdivision 12 shall be conducted according to this section and with sections 299C.60 to 299C.64. (c) All […]

Section 245C.032 — Public Law Background Studies.

245C.032 PUBLIC LAW BACKGROUND STUDIES. Subdivision 1. Public law background studies. (a) Notwithstanding all other sections of chapter 245C, the commissioner shall conduct public law background studies exclusively in accordance with this section. The commissioner shall conduct a public law background study under this section for an individual having direct contact with persons served by […]

Section 245C.04 — When Background Study Must Occur.

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 license for all license types. (b) The commissioner shall conduct a background study of an […]

Section 245C.05 — Background Study; Information And Data Provided To Commissioner.

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 to ensure an accurate study, including: (1) the individual’s first, middle, and last name and all […]

Section 245C.051 — Destruction Of Background Study Subject 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 entity for the previous two years; and (2) has no current disqualifying characteristic. […]

Section 245C.07 — Study Subject Affiliated With Multiple Facilities.

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 Health, or Department of Corrections, only one background study is required for an individual who provides […]

Section 245C.08 — Background Study; Commissioner Reviews.

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 perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section […]

Section 245C.09 — Failure Or Refusal To Cooperate With Background Study.

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 required under section 245C.05, is reasonable cause to disqualify a subject, deny a license application, or immediately suspend or revoke […]

Section 245C.10 — Background Study; Fees.

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 studies. Except as otherwise provided in subdivisions 1c and 1d, the fees […]

Section 245C.11 — Background Study; County Agencies.

245C.11 BACKGROUND STUDY; COUNTY AGENCIES. Subdivision 1. [Repealed, 2009 c 79 art 1 s 21] Subd. 2. [Repealed, 2009 c 79 art 1 s 21] Subd. 3. Criminal history data. County agencies shall have access to the criminal history data in the same manner as county licensing agencies under this chapter for purposes of background […]

Section 245C.12 — Background Study; Tribal Organizations.

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 background study subject, tribal licensing agencies shall have access to criminal history data in the same manner as county […]

Section 245C.125 — Background Study; Head Start Programs.

245C.125 BACKGROUND STUDY; HEAD START PROGRAMS. (a) Head Start programs that receive funds under section 119A.52 may contract with the commissioner to: (1) conduct background studies on individuals affiliated with a Head Start program; and (2) obtain background study data on individuals affiliated with a Head Start program. (b) The commissioner must include a national […]

Section 245C.13 — Background Study Processing.

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 commissioner shall complete the background study and provide the notice required under section 245C.17, subdivision […]

Section 245C.14 — Disqualification.

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 identified in section 245C.03, upon receipt of information showing, or when a background study completed under […]

Section 245C.15 — Disqualifying Crimes Or Conduct.

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 otherwise specified, regardless of the level of the offense, the individual has committed any […]

Section 245C.16 — Disqualified Individual’s Risk Of Harm.

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 determination as to the subject’s immediate risk of harm to persons served by the program where the individual […]

Section 245C.17 — Notice Of Background Study Results.

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 NETStudy 2.0 system, the commissioner shall notify the background study subject and the license […]