Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2515 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to background studies; modifying background study requirements for child
3	3	1.3 care providers; amending Minnesota Statutes 2024, sections 245C.08, by adding
4	4	1.4 a subdivision; 245C.14, subdivision 1.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 245C.08, is amended by adding a subdivision
7	7	1.7to read:
8	8	1.8 Subd. 2a.Coordination with the Bureau of Criminal Apprehension.(a) For a
9	9	1.9background study required for family child care, certified license-exempt child care centers,
10	10	1.10licensed child care centers, and legal nonlicensed child care authorized under chapter 142E,
11	11	1.11the commissioner shall submit a request to the superintendent of the Bureau of Criminal
12	12	1.12Apprehension for each child care background study subject, requesting information related
13	13	1.13to any notifications from the National Center for Missing and Exploited Children's Law
14	14	1.14Enforcement Services Portal that the superintendent has received that corresponds to the
15	15	1.15information the background study subject has submitted. Notwithstanding any law to the
16	16	1.16contrary, the superintendent must provide the requested information to the commissioner
17	17	1.17under this subdivision.
18	18	1.18 (b) The commissioner must submit a request under this subdivision every six months
19	19	1.19for each licensed child care provider.
20	20	1.20 (c) Notwithstanding any law to the contrary, if the commissioner uses the information
21	21	1.21obtained under this subdivision to make a disqualification determination, the commissioner
22	22	1.22must not share the reason for disqualification related to information obtained under this
23	23	1.23subdivision with the license holder or entity that submitted the study and the applicant.
24	24	1Section 1.
25	25	25-03673 as introduced02/17/25 REVISOR DTT/LJ
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 2515NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: KREUN, Port and Clark)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading03/13/2025
32	32	Referred to Health and Human Services 2.1 Sec. 2. Minnesota Statutes 2024, section 245C.14, subdivision 1, is amended to read:
33	33	2.2 Subdivision 1.Disqualification from direct contact.(a) The commissioner shall
34	34	2.3disqualify an individual who is the subject of a background study from any position allowing
35	35	2.4direct contact with persons receiving services from the license holder or entity identified in
36	36	2.5section 245C.03, upon receipt of information showing, or when a background study
37	37	2.6completed under this chapter shows any of the following:
38	38	2.7 (1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
39	39	2.8245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
40	40	2.9or misdemeanor level crime;
41	41	2.10 (2) a preponderance of the evidence indicates the individual has committed an act or
42	42	2.11acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
43	43	2.12whether the preponderance of the evidence is for a felony, gross misdemeanor, or
44	44	2.13misdemeanor level crime;
45	45	2.14 (3) an investigation results in an administrative determination listed under section
46	46	2.15245C.15, subdivision 4, paragraph (b); or
47	47	2.16 (4) the individual's parental rights have been terminated under section 260C.301,
48	48	2.17subdivision 1, paragraph (b), or section 260C.301, subdivision 3.; or
49	49	2.18 (5) a notification from the Bureau of Criminal Apprehension under section 245C.08,
50	50	2.19subdivision 2a.
51	51	2.20 (b) No individual who is disqualified following a background study under section
52	52	2.21245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
53	53	2.22persons served by a program or entity identified in section 245C.03, unless the commissioner
54	54	2.23has provided written notice under section 245C.17 stating that:
55	55	2.24 (1) the individual may remain in direct contact during the period in which the individual
56	56	2.25may request reconsideration as provided in section 245C.21, subdivision 2;
57	57	2.26 (2) the commissioner has set aside the individual's disqualification for that program or
58	58	2.27entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
59	59	2.28 (3) the license holder has been granted a variance for the disqualified individual under
60	60	2.29section 245C.30.
61	61	2.30 (c) Notwithstanding paragraph (a), for the purposes of a background study affiliated
62	62	2.31with a licensed family foster setting, the commissioner shall disqualify an individual who
63	63	2.32is the subject of a background study from any position allowing direct contact with persons
64	64	2Sec. 2.
65	65	25-03673 as introduced02/17/25 REVISOR DTT/LJ 3.1receiving services from the license holder or entity identified in section 245C.03, upon
66	66	3.2receipt of information showing or when a background study completed under this chapter
67	67	3.3shows reason for disqualification under section 245C.15, subdivision 4a.
68	68	3Sec. 2.
69	69	25-03673 as introduced02/17/25 REVISOR DTT/LJ