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