Human services background studies and variances modified.

A bill for an act

relating to human services; modifying human services background studies and

variances; amending Minnesota Statutes 2024, sections 13A.03, by adding a

subdivision; 245C.02, subdivision 18; 245C.03, subdivision 1; 245C.04, subdivision

1; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 2; Minnesota Statutes 2025

Supplement, sections 245C.07; 245C.13, subdivision 2; 245C.15, subdivision 4a;

245C.22, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13A.03, is amended by adding a subdivision

to read:

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Subd. 2a.

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Exception.

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Law enforcement may delay notification under section 13A.02,

subdivision 3, or authorize another government authority to delay notification to a customer

without a court order if law enforcement determines in writing that notification would

compromise the integrity of a current and ongoing criminal investigation. The written

determination from law enforcement must be renewed every 90 days.

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Sec. 2.

Minnesota Statutes 2024, section 245C.02, subdivision 18, is amended to read:

Subd. 18.

Serious maltreatment.

(a) "Serious maltreatment" means sexual abuse,

maltreatment resulting in death, neglect resulting in serious injury which reasonably requires

the care of a physician, advanced practice registered nurse, or physician assistant whether

or not the care of a physician, advanced practice registered nurse, or physician assistant was

sought,
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or
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abuse resulting in serious injury
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, or financial exploitation of a vulnerable adult

if the value of the funds or property is $1,000 or greater
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.

(b) For purposes of this definition, "care of a physician, advanced practice registered

nurse, or physician assistant" is treatment received or ordered by a physician, physician

assistant, or advanced practice registered nurse, but does not include:

(1) diagnostic testing, assessment, or observation;

(2) the application of, recommendation to use, or prescription solely for a remedy that

is available over the counter without a prescription; or

(3) a prescription solely for a topical antibiotic to treat burns when there is no follow-up

appointment.

(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises,

bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries;

head injuries with loss of consciousness; extensive second-degree or third-degree burns and

other burns for which complications are present; extensive second-degree or third-degree

frostbite and other frostbite for which complications are present; irreversible mobility or

avulsion of teeth; injuries to the eyes; ingestion of foreign substances and objects that are

harmful; near drowning; and heat exhaustion or sunstroke.

(d) Serious maltreatment includes neglect when it results in criminal sexual conduct

against a child or vulnerable adult.

Sec. 3.

Minnesota Statutes 2024, section 245C.03, subdivision 1, is amended to read:

Subdivision 1.

Programs licensed by the commissioner.

(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 program;

(3) current or prospective employees of the applicant or license holder who will have

direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served

by the program to provide program services if the contact is not under the continuous, direct

supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will

be provided when the commissioner has reasonable cause as defined in section
245C.02
,

subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,

may have unsupervised access to children or vulnerable adults receiving services from a

program, when the commissioner has reasonable cause as defined in section
245C.02
,

subdivision 15; and

(7) all controlling individuals as defined in section
245A.02, subdivision 5a
;

(8) notwithstanding clause (3), for children's residential facilities and foster residence

settings, any adult working in the facility, whether or not the individual will have direct

contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care

services are provided, a short-term substitute caregiver providing direct contact services for

a child for less than 72 hours of continuous care is not required to receive a background

study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under

chapter 245A:

(1) adult foster care;

(2) children's residential facilities;

(3) licensed home and community-based services under chapter 245D;

(4) residential mental health programs for adults;

(5) substance use disorder treatment programs under chapter 245G;

(6) withdrawal management programs under chapter 245F;

(7) adult day care centers;

(8) family adult day services;

(9) detoxification programs;

(10) community residential settings;

(11) intensive residential treatment services and residential crisis stabilization under

chapter 245I;
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and
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(12) treatment programs for persons with sexual psychopathic personality or sexually

dangerous persons, licensed under chapter 245A and according to Minnesota Rules, parts

9515.3000
to
9515.3110
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.
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; and
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(13) children's foster residence settings.

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EFFECTIVE DATE.

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This section is effective November 3, 2026.

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Sec. 4.

Minnesota Statutes 2024, section 245C.04, subdivision 1, is amended to read:

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 individual required to be

studied under section
245C.03
, subdivision 1, including a child care background study

subject as defined in section
245C.02, subdivision 6a
, in a family child care program, licensed

child care center, certified license-exempt child care center, or legal nonlicensed child care

provider, on a schedule determined by the commissioner. Except as provided in section

245C.05, subdivision 5a
, a child care background study must include submission of

fingerprints for a national criminal history record check and a review of the information

under section
245C.08
. A background study for a child care program must be repeated

within five years from the most recent study conducted under this paragraph.

(c) At reauthorization or when a new background study is needed under section
142E.16,

subdivision 2
, for a legal nonlicensed child care provider authorized under chapter 142E:

(1) for a background study affiliated with a legal nonlicensed child care provider, the

individual shall provide information required under section
245C.05, subdivision 1
,

paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed

under section
245C.05, subdivision 5
; and

(2) the commissioner shall verify the information received under clause (1) and submit

the request in NETStudy 2.0 to complete the background study.

(d) At reapplication for a family child care license:

(1) for a background study affiliated with a licensed family child care center, the

individual shall provide information required under section
245C.05, subdivision 1
,

paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed

under section
245C.05, subdivision 5
;

(2) the county agency shall verify the information received under clause (1) and forward

the information to the commissioner and submit the request in NETStudy 2.0 to complete

the background study; and

(3) the background study conducted by the commissioner under this paragraph must

include a review of the information required under section
245C.08
.

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(e) The commissioner is not required to conduct a study of an individual at the time of

reapplication for a license if the individual's background study was completed by the

commissioner of human services and the following conditions are met:

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(1) a study of the individual was conducted either at the time of initial licensure or when

the individual became affiliated with the license holder;

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(2) the individual has been continuously affiliated with the license holder since the last

study was conducted; and

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(3) the last study of the individual was conducted on or after October 1, 1995.

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(f)
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(e)
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The commissioner of human services shall conduct a background study of an

individual specified under section
245C.03, subdivision 1
, paragraph (a), clauses (2) to (6),

who is newly affiliated with a child foster family setting license holder:

(1) the county or private agency shall collect and forward to the commissioner the

information required under section
245C.05, subdivisions 1
and 5, when the child foster

family setting applicant or license holder resides in the home where child foster care services

are provided; and

(2) the background study conducted by the commissioner of human services under this

paragraph must include a review of the information required under section
245C.08,

subdivisions 1
, 3, and 4.

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(g)
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(f)
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The commissioner shall conduct a background study of an individual specified

under section
245C.03, subdivision 1
, paragraph (a), clauses (2) to (6), who is newly affiliated

with an adult foster care or family adult day services and with a family child care license

holder or a legal nonlicensed child care provider authorized under chapter 142E and:

(1) except as provided in section
245C.05, subdivision 5a
, the county shall collect and

forward to the commissioner the information required under section
245C.05, subdivision

1
, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted

by the commissioner for all family adult day services, for adult foster care when the adult

foster care license holder resides in the adult foster care residence, and for family child care

and legal nonlicensed child care authorized under chapter 142E;

(2) the license holder shall collect and forward to the commissioner the information

required under section
245C.05, subdivisions 1
, paragraphs (a) and (b); and 5, paragraphs

(a) and (b), for background studies conducted by the commissioner for adult foster care

when the license holder does not reside in the adult foster care residence; and

(3) the background study conducted by the commissioner under this paragraph must

include a review of the information required under section
245C.08, subdivision 1
, paragraph

(a), and subdivisions 3 and 4.

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(h)
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(g)
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Applicants for licensure, license holders, and other entities as provided in this

chapter must submit completed background study requests to the commissioner using the

electronic system known as NETStudy
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2.0
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before individuals specified in section
245C.03,

subdivision 1
, begin positions allowing direct contact in any licensed program.

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(i)
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(h)
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For an individual who is not on the entity's active roster, the entity must initiate

a new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an absence

of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or

more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to the commissioner

under this paragraph in the program's files. If the individual's disqualification was previously

set aside for the license holder's program and the new background study results in no new

information that indicates the individual may pose a risk of harm to persons receiving

services from the license holder, the previous set-aside shall remain in effect.

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(j)
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(i)
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For purposes of this section, a physician licensed under chapter 147, advanced

practice registered nurse licensed under chapter 148, or physician assistant licensed under

chapter 147A is considered to be continuously affiliated upon the license holder's receipt

from the commissioner of health or human services of the physician's, advanced practice

registered nurse's, or physician assistant's background study results.

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(k)
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(j)
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For purposes of family child care, a substitute caregiver must receive repeat

background studies at the time of each license renewal.

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(l)
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(k)
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A repeat background study at the time of license renewal is not required if the

family child care substitute caregiver's background study was completed by the commissioner

on or after October 1, 2017, and the substitute caregiver is on the license holder's active

roster in NETStudy 2.0.

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(m)
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(l)
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Before and after school programs authorized under chapter 142E, are exempt

from the background study requirements under section
123B.03
, for an employee for whom

a background study under this chapter has been completed.

Sec. 5.

Minnesota Statutes 2025 Supplement, section 245C.07, is amended to read:

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 Children, Youth, and Families; Department of Health; or Department

of Corrections, only one background study is required for an individual who provides direct

contact services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone number

as the person to receive sensitive background study information for the multiple licensed

programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information is

capable of determining, upon request of the department, whether a background study subject

is providing direct contact services in one or more of the license holder's programs or services

and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple licensed

programs according to paragraph (a), and one or more of the licensed programs closes, the

license holder shall immediately notify the commissioner which staff must be transferred

to an active license so that the background studies can be electronically paired with the

license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a

foster care provider that is also licensed under chapter 144G, a study subject affiliated with

multiple licensed programs or services may attach to the background study form a cover

letter indicating the additional names of the programs or services, addresses, and background

study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each program

or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies shall

satisfy those programs' or services' responsibilities for initiating a background study on that

individual.

(d)
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If a background study was conducted on an individual related to child foster care

and the requirements under paragraph (a) are met, the background study is transferable

across all licensed programs.
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If a background study was conducted on an individual under

a license other than child foster care and the requirements under paragraph (a) are met, the

background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one or more

licensed programs or services do not apply to background studies submitted by adoption

agencies, supplemental nursing services agencies, personnel pool agencies, educational

programs, professional services agencies, temporary personnel agencies, and unlicensed

personal care provider organizations.

(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the

system used to document when a background study subject is affiliated with multiple entities.

For a background study to be transferable:

(1) the background study subject must be on and moving to a roster for which the person

designated to receive sensitive background study information is the same; and

(2) the same entity must own or legally control both the roster from which the transfer

is occurring and the roster to which the transfer is occurring. For an entity that holds or

controls multiple licenses, or unlicensed personal care provider organizations, there must

be a common highest level entity that has a legally identifiable structure that can be verified

through records available from the secretary of state.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 6.

Minnesota Statutes 2025 Supplement, section 245C.13, subdivision 2, is amended

to read:

Subd. 2.

Activities pending completion of background study.

The subject of a

background study may not perform any activity requiring a background study under

paragraph (c) until the commissioner has issued one of the notices under paragraph (a).

(a) Notices from the commissioner required prior to activity under paragraph (c) include:

(1) a notice of the study results under section
245C.17
stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be

removed from direct contact or access to people receiving services prior to completion of

the study as provided under section
245C.17, subdivision 1
, paragraph (b) or (c). The notice

that more time is needed to complete the study must also indicate whether the individual is

required to be under continuous direct supervision prior to completion of the background

study. When more time is necessary to complete a background study of an individual

affiliated with a Title IV-E eligible children's residential facility or foster residence setting,

the individual may not work in the facility or setting regardless of whether or not the

individual is supervised;

(2) a notice that a disqualification has been set aside under section
245C.23
; or

(3) a notice that a variance has been granted related to the individual under section

245C.30
.

(b) For a
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child care
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background study
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affiliated with a licensed child care center or

certified license-exempt child care center
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subject required to submit fingerprints for a

national criminal history check, except as provided in section 245C.05, subdivision 5a
new text end
, the

notice sent under paragraph (a), clause (1), item (ii), must not be issued until the

commissioner receives a qualifying result for the individual for the fingerprint-based national

criminal history record check or the fingerprint-based criminal history information from

the Bureau of Criminal Apprehension. The notice must require the individual to be under

continuous direct supervision prior to completion of the remainder of the background study

except as permitted in subdivision 3.

(c) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the subject

is under continuous direct supervision;

(4) having access to persons receiving services if the background study was completed

under section
144.057, subdivision 1
, or
245C.03, subdivision 1
, paragraph (a), clause (2),

(5), or (6), unless the subject is under continuous direct supervision;

(5) for
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licensed child care centers and certified license-exempt child care centers
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a child

care background study subject
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,
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providing direct contact services to persons served by the

program
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performing any act listed in section 245C.02, subdivision 6a, unless the study is

being renewed under section 245C.04, subdivision 1, paragraph (b), and it has been less

than five years since the child care background study subject was previously disqualified

or provided notice under paragraph (a), clause (1), item (i)
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;

(6) for children's residential facilities or foster residence settings, working in the facility

or setting;

(7) for background studies affiliated with a personal care provider organization, except

as provided in section
245C.03, subdivision 3b
, before a personal care assistant provides

services, the personal care assistance provider agency must initiate a background study of

the personal care assistant under this chapter and the personal care assistance provider

agency must have received a notice from the commissioner that the personal care assistant

is:

(i) not disqualified under section
245C.14
; or

(ii) disqualified, but the personal care assistant has received a set aside of the

disqualification under section
245C.22
; or

(8) for background studies affiliated with an early intensive developmental and behavioral

intervention provider, before an individual provides services, the early intensive

developmental and behavioral intervention provider must initiate a background study for

the individual under this chapter and the early intensive developmental and behavioral

intervention provider must have received a notice from the commissioner that the individual

is:

(i) not disqualified under section
245C.14
; or

(ii) disqualified, but the individual has received a set-aside of the disqualification under

section
245C.22
.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 7.

Minnesota Statutes 2024, section 245C.15, subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14

if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,

for the offense; and (2) the individual has committed a felony-level violation of any of the

following offenses: sections
152.021, subdivision 1
or 2b, (aggravated controlled substance

crime in the first degree; sale crimes);
152.022, subdivision 1
(controlled substance crime

in the second degree; sale crimes);
152.023, subdivision 1
(controlled substance crime in

the third degree; sale crimes);
152.024, subdivision 1
(controlled substance crime in the

fourth degree; sale crimes);
256.98
(wrongfully obtaining assistance);
268.182
(fraud);

393.07, subdivision 10
, paragraph (c) (federal SNAP fraud);
518B.01, subdivision 14

(violation of an order for protection);
609.165
(felon ineligible to possess firearm);
609.2112
,

609.2113
, or
609.2114
(criminal vehicular homicide or injury);
609.215
(suicide);
609.223

or
609.2231
(assault in the third or fourth degree); repeat offenses under
609.224
(assault

in the fifth degree);
609.229
(crimes committed for benefit of a gang);
609.2325
(criminal

abuse of a vulnerable adult);
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609.2334 (violation of an order for protection against financial

exploitation of a vulnerable adult);
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609.2335
(financial exploitation of a vulnerable adult);

609.235
(use of drugs to injure or facilitate crime);
609.24
(simple robbery); 609.247,

subdivision 4 (carjacking in the third degree);
609.255
(false imprisonment);
609.2664

(manslaughter of an unborn child in the first degree);
609.2665
(manslaughter of an unborn

child in the second degree);
609.267
(assault of an unborn child in the first degree);
609.2671

(assault of an unborn child in the second degree);
609.268
(injury or death of an unborn

child in the commission of a crime);
609.27
(coercion);
609.275
(attempt to coerce);
609.466

(medical assistance fraud);
609.495
(aiding an offender);
609.498, subdivision 1
or 1b

(aggravated first-degree or first-degree tampering with a witness);
609.52
(theft);
609.521

(possession of shoplifting gear);
609.522
(organized retail theft);
609.525
(bringing stolen

goods into Minnesota);
609.527
(identity theft);
609.53
(receiving stolen property);
609.535

(issuance of dishonored checks);
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609.542 (illegal remunerations);
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609.562
(arson in the

second degree);
609.563
(arson in the third degree);
609.582
(burglary);
609.59
(possession

of burglary tools);
609.611
(insurance fraud);
609.625
(aggravated forgery);
609.63
(forgery);

609.631
(check forgery; offering a forged check);
609.635
(obtaining signature by false

pretense);
609.66
(dangerous weapons);
609.67
(machine guns and short-barreled shotguns);

609.687
(adulteration);
609.71
(riot);
609.713
(terroristic threats);
609.746
(interference

with privacy);
609.82
(fraud in obtaining credit);
609.821
(financial transaction card fraud);

617.23
(indecent exposure), not involving a minor; repeat offenses under
617.241
(obscene

materials and performances; distribution and exhibition prohibited; penalty); or
624.713

(certain persons not to possess firearms).

(b) An individual is disqualified under section
245C.14
if less than 15 years has passed

since the individual's aiding and abetting, attempt, or conspiracy to commit any of the

offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section
245C.14
if less than 15 years has passed

since the termination of the individual's parental rights under section 260C.301, subdivision

1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section
245C.14
if less than 15 years has passed

since the discharge of the sentence imposed for an offense in any other state or country, the

elements of which are substantially similar to the elements of the offenses listed in paragraph

(a) or since the termination of parental rights in any other state or country, the elements of

which are substantially similar to the elements listed in paragraph (c).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the

sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is

disqualified but the disqualification look-back period for the offense is the period applicable

to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction,

the disqualification period begins from the date of the court order. When a disqualification

is based on an admission, the disqualification period begins from the date of an admission

in court. When a disqualification is based on an Alford Plea, the disqualification period

begins from the date the Alford Plea is entered in court. When a disqualification is based

on a preponderance of evidence of a disqualifying act, the disqualification date begins from

the date of the dismissal, the date of discharge of the sentence imposed for a conviction for

a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 8.

Minnesota Statutes 2024, section 245C.15, subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section

245C.14
if: (1) less than ten years have passed since the discharge of the sentence imposed,

if any, for the offense; and (2) the individual has committed a gross misdemeanor-level

violation of any of the following offenses: sections
256.98
(wrongfully obtaining assistance);

260B.425
(criminal jurisdiction for contributing to status as a juvenile petty offender or

delinquency);
260C.425
(criminal jurisdiction for contributing to need for protection or

services);
268.182
(fraud);
393.07, subdivision 10
, paragraph (c) (federal SNAP fraud);

609.2112
,
609.2113
, or
609.2114
(criminal vehicular homicide or injury);
609.221
or
609.222

(assault in the first or second degree);
609.223
or
609.2231
(assault in the third or fourth

degree);
609.224
(assault in the fifth degree);
609.224, subdivision 2
, paragraph (c) (assault

in the fifth degree by a caregiver against a vulnerable adult);
609.2242
and
609.2243

(domestic assault);
609.23
(mistreatment of persons confined);
609.231
(mistreatment of

residents or patients);
609.2325
(criminal abuse of a vulnerable adult);
609.233
(criminal

neglect of a vulnerable adult);
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609.2334 (violation of an order for protection against financial

exploitation of a vulnerable adult);
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609.2335
(financial exploitation of a vulnerable adult);

609.234
(failure to report maltreatment of a vulnerable adult);
609.265
(abduction);
609.275

(attempt to coerce);
609.324, subdivision 1a
(other prohibited acts; minor engaged in

prostitution);
609.33
(disorderly house);
609.377
(malicious punishment of a child);
609.378

(neglect or endangerment of a child);
609.466
(medical assistance fraud);
609.52
(theft);

609.522
(organized retail theft);
609.525
(bringing stolen goods into Minnesota);
609.527

(identity theft);
609.53
(receiving stolen property);
609.535
(issuance of dishonored checks);

609.582
(burglary);
609.59
(possession of burglary tools);
609.611
(insurance fraud);
609.631

(check forgery; offering a forged check);
609.66
(dangerous weapons);
609.71
(riot);
609.72,

subdivision 3
(disorderly conduct against a vulnerable adult);
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609.746 (interference with

privacy);
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609.749, subdivision 2
(harassment);
609.82
(fraud in obtaining credit);
609.821

(financial transaction card fraud);
617.23
(indecent exposure), not involving a minor;
617.241

(obscene materials and performances);
617.243
(indecent literature, distribution);
617.293

(harmful materials; dissemination and display to minors prohibited); or Minnesota Statutes

2012, section
609.21
; or violation of an order for protection under section
518B.01,

subdivision 14
.

(b) An individual is disqualified under section
245C.14
if less than ten years has passed

since the individual's aiding and abetting, attempt, or conspiracy to commit any of the

offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section
245C.14
if less than ten years has passed

since the discharge of the sentence imposed for an offense in any other state or country, the

elements of which are substantially similar to the elements of any of the offenses listed in

paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but the

sentence or level of offense is a misdemeanor disposition, the individual is disqualified but

the disqualification lookback period for the offense is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction,

the disqualification period begins from the date of the court order. When a disqualification

is based on an admission, the disqualification period begins from the date of an admission

in court. When a disqualification is based on an Alford Plea, the disqualification period

begins from the date the Alford Plea is entered in court. When a disqualification is based

on a preponderance of evidence of a disqualifying act, the disqualification date begins from

the date of the dismissal, the date of discharge of the sentence imposed for a conviction for

a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 9.

Minnesota Statutes 2024, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section

245C.14
if: (1) less than seven years has passed since the discharge of the sentence imposed,

if any, for the offense; and (2) the individual has committed a misdemeanor-level violation

of any of the following offenses: sections
256.98
(wrongfully obtaining assistance);
260B.425

(criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency);

260C.425
(criminal jurisdiction for contributing to need for protection or services);
268.182

(fraud);
393.07, subdivision 10
, paragraph (c) (federal SNAP fraud);
609.2112
,
609.2113
,

or
609.2114
(criminal vehicular homicide or injury);
609.221
(assault in the first degree);

609.222
(assault in the second degree);
609.223
(assault in the third degree);
609.2231

(assault in the fourth degree);
609.224
(assault in the fifth degree);
609.2242
(domestic

assault);
new text begin
609.2334 (violation of an order for protection against financial exploitation of a

vulnerable adult);
new text end
609.2335
(financial exploitation of a vulnerable adult);
609.234
(failure

to report maltreatment of a vulnerable adult);
609.2672
(assault of an unborn child in the

third degree);
609.27
(coercion); violation of an order for protection under
609.3232

(protective order authorized; procedures; penalties);
609.466
(medical assistance fraud);

609.52
(theft);
609.522
(organized retail theft);
609.525
(bringing stolen goods into

Minnesota);
609.527
(identity theft);
609.53
(receiving stolen property);
609.535
(issuance

of dishonored checks);
609.611
(insurance fraud);
609.66
(dangerous weapons);
609.665

(spring guns);
609.746
(interference with privacy);
609.79
(obscene or harassing telephone

calls);
609.795
(letter, telegram, or package; opening; harassment);
609.82
(fraud in obtaining

credit);
609.821
(financial transaction card fraud);
617.23
(indecent exposure), not involving

a minor;
617.293
(harmful materials; dissemination and display to minors prohibited); or

Minnesota Statutes 2012, section
609.21
; or violation of an order for protection under section

518B.01
(Domestic Abuse Act).

(b) An individual is disqualified under section
245C.14
if less than seven years has

passed since a determination or disposition of the individual's:

(1) failure to make required reports under section
260E.06
or
626.557, subdivision 3
,

for incidents in which: (i) the final disposition under section
626.557
or chapter 260E was

substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a

vulnerable adult under section
626.557
, or serious or recurring maltreatment in any other

state, the elements of which are substantially similar to the elements of maltreatment under

section
626.557
or chapter 260E for which: (i) there is a preponderance of evidence that

the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section
245C.14
if less than seven years has

passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of

the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota

Statutes.

(d) An individual is disqualified under section
245C.14
if less than seven years has

passed since the discharge of the sentence imposed for an offense in any other state or

country, the elements of which are substantially similar to the elements of any of the offenses

listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,

the disqualification period begins from the date of the court order. When a disqualification

is based on an admission, the disqualification period begins from the date of an admission

in court. When a disqualification is based on an Alford Plea, the disqualification period

begins from the date the Alford Plea is entered in court. When a disqualification is based

on a preponderance of evidence of a disqualifying act, the disqualification date begins from

the date of the dismissal, the date of discharge of the sentence imposed for a conviction for

a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section
245C.14
if less than seven years has passed

since the individual was disqualified under section
256.98, subdivision 8
.

Sec. 10.

Minnesota Statutes 2025 Supplement, section 245C.15, subdivision 4a, is amended

to read:

Subd. 4a.

Licensed family foster setting disqualifications.

(a) Notwithstanding

subdivisions 1 to 4
new text begin
, 4b, and 4c
new text end
, for a background study affiliated with a licensed family

foster setting, regardless of how much time has passed, an individual is disqualified under

section
245C.14
if the individual committed an act that resulted in a felony-level conviction

for sections:
609.185
(murder in the first degree);
609.19
(murder in the second degree);

609.195
(murder in the third degree);
609.20
(manslaughter in the first degree);
609.205

(manslaughter in the second degree);
609.2112
(criminal vehicular homicide);
609.221

(assault in the first degree);
609.223, subdivision 2
(assault in the third degree, past pattern

of child abuse);
609.223, subdivision 3
(assault in the third degree, victim under four); a

felony offense under sections
609.2242
and
609.2243
(domestic assault, spousal abuse,

child abuse or neglect, or a crime against children);
609.2247
(domestic assault by

strangulation);
609.2325
(criminal abuse of a vulnerable adult resulting in the death of a

vulnerable adult);
609.245
(aggravated robbery);
609.247, subdivision 2
or 3 (carjacking

in the first or second degree);
609.25
(kidnapping);
609.255
(false imprisonment);
609.2661

(murder of an unborn child in the first degree);
609.2662
(murder of an unborn child in the

second degree);
609.2663
(murder of an unborn child in the third degree);
609.2664

(manslaughter of an unborn child in the first degree);
609.2665
(manslaughter of an unborn

child in the second degree);
609.267
(assault of an unborn child in the first degree);
609.2671

(assault of an unborn child in the second degree);
609.268
(injury or death of an unborn

child in the commission of a crime);
609.322, subdivision 1
(solicitation, inducement, and

promotion of prostitution; sex trafficking in the first degree);
609.324, subdivision 1
(other

prohibited acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution);

609.342
(criminal sexual conduct in the first degree);
609.343
(criminal sexual conduct in

the second degree);
609.344
(criminal sexual conduct in the third degree);
609.345
(criminal

sexual conduct in the fourth degree);
609.3451
(criminal sexual conduct in the fifth degree);

609.3453
(criminal sexual predatory conduct);
609.3458
(sexual extortion);
609.352

(solicitation of children to engage in sexual conduct);
609.377
(malicious punishment of a

child);
609.3775
(child torture);
609.378
(neglect or endangerment of a child);
609.561

(arson in the first degree);
609.582, subdivision 1
(burglary in the first degree);
609.746

(interference with privacy);
617.23
(indecent exposure);
617.246
(use of minors in sexual

performance prohibited); or
617.247
(possession of child sexual abuse material).

(b) Notwithstanding subdivisions 1 to 4
new text begin
, 4b, and 4c
new text end
, for the purposes of a background

study affiliated with a licensed family foster setting, an individual is disqualified under

section
245C.14
, regardless of how much time has passed, if the individual:

(1) committed an action under paragraph (e) that resulted in death or involved sexual

abuse, as defined in section
260E.03, subdivision 20
;

(2) committed an act that resulted in a gross misdemeanor-level conviction for section

609.3451
(criminal sexual conduct in the fifth degree);

(3) committed an act against or involving a minor that resulted in a felony-level conviction

for: section
609.222
(assault in the second degree);
609.223, subdivision 1
(assault in the

third degree);
609.2231
(assault in the fourth degree); or
609.224
(assault in the fifth degree);

or

(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level

conviction for section
617.293
(dissemination and display of harmful materials to minors).

(c) Notwithstanding subdivisions 1 to 4
new text begin
, 4b, and 4c
new text end
, for a background study affiliated

with a licensed family foster setting, an individual is disqualified under section
245C.14
if

fewer than 20 years have passed since the termination of the individual's parental rights

under section
260C.301, subdivision 1
, paragraph (b), or if the individual consented to a

termination of parental rights under section
260C.301, subdivision 1
, paragraph (a), to settle

a petition to involuntarily terminate parental rights. An individual is disqualified under

section
245C.14
if fewer than 20 years have passed since the termination of the individual's

parental rights in any other state or country, where the conditions for the individual's

termination of parental rights are substantially similar to the conditions in section
260C.301,

subdivision 1
, paragraph (b).

(d) Notwithstanding subdivisions 1 to 4
new text begin
, 4b, and 4c
new text end
, for a background study affiliated

with a licensed family foster setting, an individual is disqualified under section
245C.14
if

fewer than five years have passed since a felony-level violation for sections:
152.021

(controlled substance crime in the first degree);
152.022
(controlled substance crime in the

second degree);
152.023
(controlled substance crime in the third degree);
152.024
(controlled

substance crime in the fourth degree);
152.025
(controlled substance crime in the fifth

degree);
152.0261
(importing controlled substances across state borders);
152.0262,

subdivision 1
, paragraph (b) (possession of substance with intent to manufacture

methamphetamine);
152.027, subdivision
6, paragraph (c) (sale or possession of synthetic

cannabinoids);
152.096
(conspiracies prohibited);
152.097
(simulated controlled substances);

152.136
(anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities);

152.137
(fentanyl- and methamphetamine-related crimes involving children or vulnerable

adults);
169A.24
(felony first-degree driving while impaired);
243.166
(violation of predatory

offender registration requirements);
609.2113
(criminal vehicular operation; bodily harm);

609.2114
(criminal vehicular operation; unborn child);
609.228
(great bodily harm caused

by distribution of drugs);
609.2325
(criminal abuse of a vulnerable adult not resulting in

the death of a vulnerable adult);
609.233
(criminal neglect);
609.235
(use of drugs to injure

or facilitate a crime);
609.24
(simple robbery);
609.247, subdivision 4
(carjacking in the

third degree);
609.322, subdivision 1a
(solicitation, inducement, and promotion of

prostitution; sex trafficking in the second degree);
609.498, subdivision 1
(tampering with

a witness in the first degree);
609.498, subdivision 1b
(aggravated first-degree witness

tampering);
609.562
(arson in the second degree);
609.563
(arson in the third degree);

609.582, subdivision 2
(burglary in the second degree);
609.66
(felony dangerous weapons);

609.687
(adulteration);
609.713
(terroristic threats);
609.749, subdivision 3
, 4, or 5

(felony-level harassment or stalking);
609.855, subdivision 5
(shooting at or in a public

transit vehicle or facility); or
624.713
(certain people not to possess firearms).

(e) Notwithstanding subdivisions 1 to 4
new text begin
, 4b, and 4c
new text end
, except as provided in paragraph

(a), for a background study affiliated with a licensed family child foster care license, an

individual is disqualified under section
245C.14
if fewer than five years have passed since:

(1) a felony-level violation for an act not against or involving a minor that constitutes:

section
609.222
(assault in the second degree);
609.223, subdivision 1
(assault in the third

degree);
609.2231
(assault in the fourth degree); or
609.224, subdivision 4
(assault in the

fifth degree);

(2) a violation of an order for protection under section
518B.01, subdivision 14
;

(3) a determination or disposition of the individual's failure to make required reports

under section
260E.06
or
626.557, subdivision 3
, for incidents in which the final disposition

under chapter 260E or section
626.557
was substantiated maltreatment and the maltreatment

was recurring or serious;

(4) a determination or disposition of the individual's substantiated serious or recurring

maltreatment of a minor under chapter 260E, a vulnerable adult under section
626.557
, or

serious or recurring maltreatment in any other state, the elements of which are substantially

similar to the elements of maltreatment under chapter 260E or section
626.557
and meet

the definition of serious maltreatment or recurring maltreatment;

(5) a gross misdemeanor-level violation for sections:
609.224, subdivision 2
(assault in

the fifth degree);
609.2242
and
609.2243
(domestic assault);
609.233
(criminal neglect);

609.377
(malicious punishment of a child);
609.378
(neglect or endangerment of a child);

609.746
(interference with privacy);
609.749
(stalking); or
617.23
(indecent exposure); or

(6) committing an act against or involving a minor that resulted in a misdemeanor-level

violation of section
609.224, subdivision 1
(assault in the fifth degree).

(f) For purposes of this subdivision, the disqualification begins from:

(1) the date of the alleged violation, if the individual was not convicted;

(2) the date of conviction, if the individual was convicted of the violation but not

committed to the custody of the commissioner of corrections; or

(3) the date of release from prison, if the individual was convicted of the violation and

committed to the custody of the commissioner of corrections.

Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation

of the individual's supervised release, the disqualification begins from the date of release

from the subsequent incarceration.

(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the

offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota

Statutes, permanently disqualifies the individual under section
245C.14
. An individual is

disqualified under section
245C.14
if fewer than five years have passed since the individual's

aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs

(d) and (e).

(h) An individual's offense in any other state or country, where the elements of the

offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),

permanently disqualifies the individual under section
245C.14
. An individual is disqualified

under section
245C.14
if fewer than five years have passed since an offense in any other

state or country, the elements of which are substantially similar to the elements of any

offense listed in paragraphs (d) and (e).

Sec. 11.

Minnesota Statutes 2025 Supplement, section 245C.22, subdivision 5, is amended

to read:

Subd. 5.

Scope of set-aside.

(a) If the commissioner sets aside a disqualification under

this section, the disqualified individual remains disqualified, but may hold a license and

have direct contact with or access to persons receiving services. Except as provided in

paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the

licensed program, applicant, or agency specified in the set aside notice under section
245C.23
.

For personal care provider organizations, financial management services organizations,

community first services and supports organizations, unlicensed home and community-based

organizations, and consumer-directed community supports organizations, the commissioner's

set-aside may further be limited to a specific individual who is receiving services. For new

background studies required under section
245C.04, subdivision 1
, paragraph
deleted text begin
(h)
deleted text end
new text begin
(g)
new text end
, if an

individual's disqualification was previously set aside for the license holder's program and

the new background study results in no new information that indicates the individual may

pose a risk of harm to persons receiving services from the license holder, the previous

set-aside shall remain in effect.

(b) If the commissioner has previously set aside an individual's disqualification for one

or more programs or agencies, and the individual is the subject of a subsequent background

study for a different program or agency, the commissioner shall determine whether the

disqualification is set aside for the program or agency that initiated the subsequent

background study. A notice of a set-aside under paragraph (c) shall be issued within 15

working days if all of the following criteria are met:

(1) the subsequent background study was initiated in connection with a program licensed

or regulated under the same provisions of law and rule for at least one program for which

the individual's disqualification was previously set aside by the commissioner;

(2) the individual is not disqualified for an offense specified in section
245C.15,

subdivision 1 or 2
;

(3) the commissioner has received no new information to indicate that the individual

may pose a risk of harm to any person served by the program; and

(4) the previous set-aside was not limited to a specific person receiving services.

(c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the

substance use disorder field, if the commissioner has previously set aside an individual's

disqualification for one or more programs or agencies in the substance use disorder treatment

field, and the individual is the subject of a subsequent background study for a different

program or agency in the substance use disorder treatment field, the commissioner shall set

aside the disqualification for the program or agency in the substance use disorder treatment

field that initiated the subsequent background study when the criteria under paragraph (b),

clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified

in section
245C.15, subdivision 1
. A notice of a set-aside under paragraph (d) shall be issued

within 15 working days.

(d) When a disqualification is set aside under paragraph (b), the notice of background

study results issued under section
245C.17
, in addition to the requirements under section

245C.17
, shall state that the disqualification is set aside for the program or agency that

initiated the subsequent background study. The notice must inform the individual that the

individual may request reconsideration of the disqualification under section
245C.21
on the

basis that the information used to disqualify the individual is incorrect.

Sec. 12.

Minnesota Statutes 2024, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in

paragraphs (b) to
deleted text begin
(g)
deleted text end
new text begin
(f)
new text end
, the commissioner may not set aside the disqualification of any

individual disqualified pursuant to this chapter, regardless of how much time has passed,

if the individual was disqualified for a crime or conduct listed in section
245C.15, subdivision

1
.

(b) For an individual in the substance use disorder or corrections field who was

disqualified for a crime or conduct listed under section
245C.15
, subdivision 1, and whose

disqualification was set aside prior to July 1, 2005, the commissioner must consider granting

a variance pursuant to section
245C.30
for the license holder for a program dealing primarily

with adults. A request for reconsideration evaluated under this paragraph must include a

letter of recommendation from the license holder that was subject to the prior set-aside

decision addressing the individual's quality of care to children or vulnerable adults and the

circumstances of the individual's departure from that service.

(c) If an individual who requires a background study for nonemergency medical

transportation services under section
245C.03, subdivision 12
, was disqualified for a crime

or conduct listed under section
245C.15, subdivision 1
, and if more than 40 years have

passed since the discharge of the sentence imposed, the commissioner may consider granting

a set-aside pursuant to section
245C.22
. A request for reconsideration evaluated under this

paragraph must include a letter of recommendation from the employer. This paragraph does

not apply to a person disqualified based on a violation of sections
243.166
;
609.185
to

609.205
;
609.25
;
609.342
to
609.3453
;
609.352
;
617.23, subdivision 2
, clause (1), or 3,

clause (1);
617.246
; or
617.247
.

(d) When a licensed foster care provider adopts an individual who had received foster

care services from the provider for over six months, and the adopted individual is required

to receive a background study under section
245C.03, subdivision 1
, paragraph (a), clause

(2) or (6), the commissioner may grant a variance to the license holder under section
245C.30

to permit the adopted individual with a permanent disqualification to remain affiliated with

the license holder under the conditions of the variance when the variance is recommended

by the county of responsibility for each of the remaining individuals in placement in the

home and the licensing agency for the home.

(e) For an individual 18 years of age or older affiliated with a licensed family foster

setting, the commissioner must not set aside or grant a variance for the disqualification of

any individual disqualified pursuant to this chapter, regardless of how much time has passed,

if the individual was disqualified for a crime or conduct listed in section
245C.15, subdivision

4a, paragraphs (a) and (b).

(f) In connection with a family foster setting license, the commissioner may grant a

variance to the disqualification for an individual who is under 18 years of age at the time

the background study is submitted.

deleted text begin

(g) In connection with foster residence settings and children's residential facilities, the

commissioner must not set aside or grant a variance for the disqualification of any individual

disqualified pursuant to this chapter, regardless of how much time has passed, if the individual

was disqualified for a crime or conduct listed in section
245C.15, subdivision 4a
, paragraph

(a) or (b).

deleted text end

Sec. 13.
new text begin
NEW BACKGROUND STUDIES FOR INDIVIDUALS NOT IN NETSTUDY

2.0.
new text end

new text begin

By March 1, 2027, the commissioner of human services and counties must conduct new

background studies for all individuals specified under Minnesota Statutes, section 245C.03,

subdivision 1, paragraph (a), clauses (2) to (6), and affiliated with a child foster family

setting license holder, adult foster care or family adult day services and with a family child

care license holder, or a legal nonlicensed child care provider authorized under Minnesota

Statutes, chapter 142E. The commissioner or county must follow the requirements in

Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (e) and (f), when conducting

the background studies under this section. The new background studies must be submitted

through NETStudy 2.0.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective September 1, 2026.

new text end