1.1.................... moves to amend S.F. No. 47, the first unofficial engrossment, as follows:
1.2Page 10, after line 7, insert:

1.3    "Sec. .... Minnesota Statutes 2019 Supplement, section 245A.05, is amended to read:
1.4245A.05 DENIAL OF APPLICATION.
1.5(a) The commissioner may deny a license if an applicant or controlling individual:
1.6(1) fails to submit a substantially complete application after receiving notice from the
1.7commissioner under section 245A.04, subdivision 1;
1.8(2) fails to comply with applicable laws or rules;
1.9(3) knowingly withholds relevant information from or gives false or misleading
1.10information to the commissioner in connection with an application for a license or during
1.11an investigation;
1.12(4) has a disqualification that has not been set aside under section 245C.22 and no
1.13variance has been granted;
1.14(5) has an individual living in the household who received a background study under
1.15section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
1.16has not been set aside under section 245C.22, and no variance has been granted;
1.17(6) is associated with an individual who received a background study under section
1.18245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
1.19children or vulnerable adults, and who has a disqualification that has not been set aside
1.20under section 245C.22, and no variance has been granted;
1.21(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
1.22(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
1.236;
2.1(9) has a history of noncompliance as a license holder or controlling individual with
2.2applicable laws or rules, including but not limited to this chapter and chapters 119B and
2.3245C; or
2.4(10) is prohibited from holding a license according to section 245.095.; or
2.5(11) for family child foster care, has nondisqualifying background study information,
2.6as described in section 245C.05, subdivision 4, that reflects on the individual's ability to
2.7safely provide care to foster children.
2.8(b) An applicant whose application has been denied by the commissioner must be given
2.9notice of the denial, which must state the reasons for the denial in plain language. Notice
2.10must be given by certified mail or personal service. The notice must state the reasons the
2.11application was denied and must inform the applicant of the right to a contested case hearing
2.12under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
2.13appeal the denial by notifying the commissioner in writing by certified mail or personal
2.14service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
2.15calendar days after the applicant received the notice of denial. If an appeal request is made
2.16by personal service, it must be received by the commissioner within 20 calendar days after
2.17the applicant received the notice of denial. Section 245A.08 applies to hearings held to
2.18appeal the commissioner's denial of an application.
2.19EFFECTIVE DATE.This section is effective July 1, 2021.

2.20    Sec. .... Minnesota Statutes 2019 Supplement, section 245A.07, subdivision 1, is amended
2.21to read:
2.22    Subdivision 1. Sanctions; appeals; license. (a) In addition to making a license conditional
2.23under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
2.24or secure an injunction against the continuing operation of the program of a license holder
2.25who does not comply with applicable law or rule, or who has nondisqualifying background
2.26study information, as described in section 245C.05, subdivision 4, that reflects on the license
2.27holder's ability to safely provide care to foster children. When applying sanctions authorized
2.28under this section, the commissioner shall consider the nature, chronicity, or severity of the
2.29violation of law or rule and the effect of the violation on the health, safety, or rights of
2.30persons served by the program.
2.31(b) If a license holder appeals the suspension or revocation of a license and the license
2.32holder continues to operate the program pending a final order on the appeal, the commissioner
2.33shall issue the license holder a temporary provisional license. Unless otherwise specified
3.1by the commissioner, variances in effect on the date of the license sanction under appeal
3.2continue under the temporary provisional license. If a license holder fails to comply with
3.3applicable law or rule while operating under a temporary provisional license, the
3.4commissioner may impose additional sanctions under this section and section 245A.06, and
3.5may terminate any prior variance. If a temporary provisional license is set to expire, a new
3.6temporary provisional license shall be issued to the license holder upon payment of any fee
3.7required under section 245A.10. The temporary provisional license shall expire on the date
3.8the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
3.9license shall be issued for the remainder of the current license period.
3.10(c) If a license holder is under investigation and the license issued under this chapter is
3.11due to expire before completion of the investigation, the program shall be issued a new
3.12license upon completion of the reapplication requirements and payment of any applicable
3.13license fee. Upon completion of the investigation, a licensing sanction may be imposed
3.14against the new license under this section, section 245A.06, or 245A.08.
3.15(d) Failure to reapply or closure of a license issued under this chapter by the license
3.16holder prior to the completion of any investigation shall not preclude the commissioner
3.17from issuing a licensing sanction under this section or section 245A.06 at the conclusion
3.18of the investigation.
3.19EFFECTIVE DATE.This section is effective July 1, 2021.

3.20    Sec. .... Minnesota Statutes 2018, section 245A.16, is amended by adding a subdivision
3.21to read:
3.22    Subd. 9. Licensed family child foster care. (a) Before recommending to deny a license
3.23under section 245A.05 or revoke a license under section 245A.07 for nondisqualifying
3.24background study information received under section 245C.05, subdivision 4, paragraph
3.25(a), clause (3), for licensed family child foster care a county agency or private agency that
3.26has been designated or licensed by the commissioner must review the following:
3.27(1) the type of offense;
3.28(2) the number of offenses;
3.29(3) the nature of the offenses;
3.30(4) the age of the individual at the time of the offense;
3.31(5) the length of time that has elapsed since the last offense;
3.32(6) the relationship of the offenses and the capacity to care for a child;
4.1(7) evidence of rehabilitation;
4.2(8) information or knowledge from community members regarding the individual's
4.3capacity to provide foster care;
4.4(9) a statement from the study subject;
4.5(10) a statement from the license holder; and
4.6(11) other aggravating and mitigating factors.
4.7(b) When licensing a relative to provide family child foster care, the commissioner shall
4.8also consider the importance of maintaining the child's relationship with relatives as an
4.9additional significant factor in determining whether an application will be denied.
4.10(c) The county or private licensing agency must send a summary of the review completed
4.11according to paragraph (a), on a form developed by the commissioner, to the commissioner
4.12and include any recommendation for licensing action.
4.13EFFECTIVE DATE.This section is effective July 1, 2021.

4.14    Sec. .... Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision
4.15to read:
4.16    Subd. 12a. Licensed family child foster care. "Licensed family child foster care"
4.17includes providers who have submitted an application for family child foster care licensure
4.18under section 245A.04, subdivision 1. Licensed family child foster care does not include
4.19foster residence settings that meet the licensing requirements of Minnesota Rules, parts
4.202960.3200 to 2960.3230.
4.21EFFECTIVE DATE.This section is effective July 1, 2021.

4.22    Sec. .... Minnesota Statutes 2018, section 245C.05, subdivision 2c, is amended to read:
4.23    Subd. 2c. Privacy notice to background study subject. (a) Prior to initiating each
4.24background study, the entity initiating the study must provide the commissioner's privacy
4.25notice to the background study subject required under section 13.04, subdivision 2. The
4.26notice must be available through the commissioner's electronic NETStudy and NETStudy
4.272.0 systems and shall include the information in paragraphs (b) and (c).
4.28(b) The background study subject shall be informed that any previous background studies
4.29that received a set-aside will be reviewed, and without further contact with the background
4.30study subject, the commissioner may notify the agency that initiated the subsequent
4.31background study:
5.1(1) that the individual has a disqualification that has been set aside for the program or
5.2agency that initiated the study;
5.3(2) the reason for the disqualification; and
5.4(3) that information about the decision to set aside the disqualification will be available
5.5to the license holder upon request without the consent of the background study subject.
5.6(c) The background study subject must also be informed that:
5.7(1) the subject's fingerprints collected for purposes of completing the background study
5.8under this chapter must not be retained by the Department of Public Safety, Bureau of
5.9Criminal Apprehension, or by the commissioner. The Federal Bureau of Investigation will
5.10only retain fingerprints of subjects with a criminal history not retain background study
5.11subjects' fingerprints;
5.12(2) effective upon implementation of NETStudy 2.0, the subject's photographic image
5.13will be retained by the commissioner, and if the subject has provided the subject's Social
5.14Security number for purposes of the background study, the photographic image will be
5.15available to prospective employers and agencies initiating background studies under this
5.16chapter to verify the identity of the subject of the background study;
5.17(3) the commissioner's authorized fingerprint collection vendor shall, for purposes of
5.18verifying the identity of the background study subject, be able to view the identifying
5.19information entered into NETStudy 2.0 by the entity that initiated the background study,
5.20but shall not retain the subject's fingerprints, photograph, or information from NETStudy
5.212.0. The authorized fingerprint collection vendor shall retain no more than the subject's
5.22name and the date and time the subject's fingerprints were recorded and sent, only as
5.23necessary for auditing and billing activities;
5.24(4) the commissioner shall provide the subject notice, as required in section 245C.17,
5.25subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
5.26(5) the subject may request in writing a report listing the entities that initiated a
5.27background study on the individual as provided in section 245C.17, subdivision 1, paragraph
5.28(b);
5.29(6) the subject may request in writing that information used to complete the individual's
5.30background study in NETStudy 2.0 be destroyed if the requirements of section 245C.051,
5.31paragraph (a), are met; and
5.32(7) notwithstanding clause (6), the commissioner shall destroy:
6.1(i) the subject's photograph after a period of two years when the requirements of section
6.2245C.051, paragraph (c), are met; and
6.3(ii) any data collected on a subject under this chapter after a period of two years following
6.4the individual's death as provided in section 245C.051, paragraph (d).

6.5    Sec. .... Minnesota Statutes 2018, section 245C.05, subdivision 2d, is amended to read:
6.6    Subd. 2d. Fingerprint data notification. The commissioner of human services shall
6.7notify all background study subjects under this chapter that the Department of Human
6.8Services, Department of Public Safety, and the Bureau of Criminal Apprehension do not
6.9retain fingerprint data after a background study is completed, and that the Federal Bureau
6.10of Investigation only retains the fingerprints of subjects who have a criminal history not
6.11retain background study subjects' fingerprints.

6.12    Sec. .... Minnesota Statutes 2019 Supplement, section 245C.05, subdivision 4, is amended
6.13to read:
6.14    Subd. 4. Electronic transmission. (a) For background studies conducted by the
6.15Department of Human Services, the commissioner shall implement a secure system for the
6.16electronic transmission of:
6.17    (1) background study information to the commissioner;
6.18    (2) background study results to the license holder;
6.19    (3) background study results and relevant underlying investigative information to county
6.20and private agencies for background studies conducted by the commissioner for child foster
6.21care, including a summary of nondisqualifying results, except as prohibited by law; and
6.22(4) background study results to county agencies for background studies conducted by
6.23the commissioner for adult foster care and family adult day services and, upon
6.24implementation of NETStudy 2.0, family child care and legal nonlicensed child care
6.25authorized under chapter 119B.
6.26(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
6.27license holder or an applicant must use the electronic transmission system known as
6.28NETStudy or NETStudy 2.0 to submit all requests for background studies to the
6.29commissioner as required by this chapter.
7.1(c) A license holder or applicant whose program is located in an area in which high-speed
7.2Internet is inaccessible may request the commissioner to grant a variance to the electronic
7.3transmission requirement.
7.4(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
7.5this subdivision.
7.6EFFECTIVE DATE.This section is effective July 1, 2021.

7.7    Sec. .... Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 3, is amended
7.8to read:
7.9    Subd. 3. Arrest and investigative information. (a) For any background study completed
7.10under this section, if the commissioner has reasonable cause to believe the information is
7.11pertinent to the disqualification of an individual, the commissioner also may review arrest
7.12and investigative information from:
7.13(1) the Bureau of Criminal Apprehension;
7.14(2) the commissioners of health and human services;
7.15(3) a county attorney;
7.16(4) a county sheriff;
7.17(5) a county agency;
7.18(6) a local chief of police;
7.19(7) other states;
7.20(8) the courts;
7.21(9) the Federal Bureau of Investigation;
7.22(10) the National Criminal Records Repository; and
7.23(11) criminal records from other states.
7.24(b) Except when specifically required by law, the commissioner is not required to conduct
7.25more than one review of a subject's records from the Federal Bureau of Investigation if a
7.26review of the subject's criminal history with the Federal Bureau of Investigation has already
7.27been completed by the commissioner and there has been no break in the subject's affiliation
7.28with the entity that initiated the background study.
7.29(c) If the commissioner conducts a national criminal history record check when required
7.30by law and uses the information from the national criminal history record check to make a
8.1disqualification determination, the data obtained is private data and cannot be shared with
8.2county agencies, private agencies, or prospective employers of the background study subject.
8.3(d) If the commissioner conducts a national criminal history record check when required
8.4by law and uses the information from the national criminal history record check to make a
8.5disqualification determination, the license holder or entity that submitted the study is not
8.6required to obtain a copy of the background study subject's disqualification letter under
8.7section 245C.17, subdivision 3.
8.8EFFECTIVE DATE.This section is effective July 1, 2020.

8.9    Sec. .... Minnesota Statutes 2018, section 245C.14, subdivision 1, is amended to read:
8.10    Subdivision 1. Disqualification from direct contact. (a) The commissioner shall
8.11disqualify an individual who is the subject of a background study from any position allowing
8.12direct contact with persons receiving services from the license holder or entity identified in
8.13section 245C.03, upon receipt of information showing, or when a background study
8.14completed under this chapter shows any of the following:
8.15    (1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
8.16245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
8.17or misdemeanor level crime;
8.18    (2) a preponderance of the evidence indicates the individual has committed an act or
8.19acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
8.20whether the preponderance of the evidence is for a felony, gross misdemeanor, or
8.21misdemeanor level crime; or
8.22    (3) an investigation results in an administrative determination listed under section
8.23245C.15, subdivision 4, paragraph (b).
8.24    (b) No individual who is disqualified following a background study under section
8.25245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
8.26persons served by a program or entity identified in section 245C.03, unless the commissioner
8.27has provided written notice under section 245C.17 stating that:
8.28    (1) the individual may remain in direct contact during the period in which the individual
8.29may request reconsideration as provided in section 245C.21, subdivision 2;
8.30    (2) the commissioner has set aside the individual's disqualification for that program or
8.31entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
9.1    (3) the license holder has been granted a variance for the disqualified individual under
9.2section 245C.30.
9.3(c) Notwithstanding paragraph (a), for the purposes of a background study affiliated
9.4with a licensed family child foster care provider, the commissioner shall disqualify an
9.5individual who is the subject of a background study from any position allowing direct contact
9.6with persons receiving services from the license holder or entity identified in section 245C.03,
9.7upon receipt of information showing, or when a background study completed under this
9.8chapter shows reason for disqualification under section 245C.15, subdivision 6.
9.9EFFECTIVE DATE.This section is effective July 1, 2021.

9.10    Sec. .... Minnesota Statutes 2018, section 245C.15, is amended by adding a subdivision
9.11to read:
9.12    Subd. 6. Licensed family child foster care disqualifications. (a) Notwithstanding
9.13subdivisions 1 to 5, for a background study affiliated with a licensed family child foster
9.14care, regardless of how much time has passed, an individual is disqualified under section
9.15245C.14 if the individual committed an act that resulted in a felony-level conviction for:
9.16609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
9.17in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
9.18the second degree); 609.2112 (criminal vehicular homicide); 609.223, subdivision 2 (assault
9.19in the third degree, past pattern of child abuse); 609.223, subdivision 3 (assault in the third
9.20degree, victim under four); a felony offense under sections 609.2242 and 609.2243 (domestic
9.21assault), spousal abuse, child abuse or neglect, or a crime against children; 609.2247
9.22(domestic assault by strangulation); 609.25 (kidnapping); 609.255 (false imprisonment);
9.23609.265 (abduction); 609.2661 (murder of an unborn child in the first degree); 609.2662
9.24(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
9.25the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
9.26(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child
9.27in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268
9.28(injury or death of an unborn child in the commission of a crime); 609.324, subdivision 1
9.29(other prohibited acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution);
9.30609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in
9.31the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal
9.32sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
9.33609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage
9.34in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or
10.1endangerment of a child); 617.246 (use of minors in sexual performance prohibited); or
10.2617.247 (possession of pictorial representations of minors).
10.3(b) Notwithstanding subdivisions 1 to 5, for the purposes of a background study affiliated
10.4with a licensed family foster care license, an individual is disqualified under section 245C.14,
10.5regardless of how much time has passed, if the individual:
10.6(1) committed an action under paragraph (d) that resulted in death or involved sexual
10.7abuse;
10.8(2) committed an act that resulted in a felony-level conviction for section 609.746
10.9(interference with privacy);
10.10(3) committed an act that resulted in a gross misdemeanor-level conviction for section
10.11609.3451 (criminal sexual conduct in the fifth degree); or
10.12(4) committed an act against or involving a minor that resulted in a felony-level conviction
10.13for: section 609.221 (assault in the first degree); 609.222 (assault in the second degree);
10.14609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree);
10.15or 609.224, subdivision 4 (assault in the fifth degree).
10.16(c) Notwithstanding subdivisions 1 to 5, for a background study affiliated with a licensed
10.17family child foster care license, an individual is disqualified under section 245C.14 if:
10.18(1) less than five years have passed since the termination of parental rights under section
10.19260C.301, subdivision 1, paragraph (b);
10.20(2) less than five years have passed since a felony-level conviction for: section 152.021
10.21(controlled substance crime in the first degree); 152.022 (controlled substance crime in the
10.22second degree); 152.023 (controlled substance crime in the third degree); 152.024 (controlled
10.23substance crime in the fourth degree); 152.025 (controlled substance crime in the fifth
10.24degree); 152.0261 (importing controlled substances across state borders); 152.0262,
10.25subdivision 1, paragraph (b) (possession of substance with intent to manufacture
10.26methamphetamine); 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic
10.27cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled substances);
10.28152.136 (anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities);
10.29152.137 (methamphetamine-related crimes involving children or vulnerable adults); 169A.24
10.30(felony first-degree driving while impaired); 243.166 (violation of predatory offender
10.31registration requirements); 609.2113 (criminal vehicular operation; bodily harm); 609.2114
10.32(criminal vehicular operation; unborn child); 609.228 (great bodily harm caused by
10.33distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult); 609.235 (use of
11.1drugs to injure or facilitate a crime); 609.322 (solicitation, inducement, and promotion of
11.2prostitution; sex trafficking); 609.561 (arson in the first degree); 609.562 (arson in the
11.3second degree); 609.563 (arson in the third degree); 609.66, subdivision 1e (felony drive-by
11.4shooting); 609.687 (adulteration); 609.749, subdivision 3, 4, or 5 (felony-level harassment
11.5or stalking); or 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility);
11.6or
11.7(3) less than five years have passed since a felony-level conviction for an act not against
11.8or involving a minor that constitutes: section 609.221 (assault in the first degree); 609.222
11.9(assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231
11.10(assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree).
11.11(d) Notwithstanding subdivisions 1 to 5, except as provided in paragraph (a), for a
11.12background study affiliated with a licensed family child foster care license, an individual
11.13is disqualified under section 245C.14 if less than five years have passed since:
11.14(1) a determination or disposition of the individual's failure to make required reports
11.15under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which the
11.16final disposition under section 626.556 or 626.557 was substantiated maltreatment and the
11.17maltreatment was recurring or serious;
11.18(2) a determination or disposition of the individual's substantiated serious or recurring
11.19maltreatment of a minor under section 626.556, a vulnerable adult under section 626.557,
11.20or serious or recurring maltreatment in any other state, the elements of which are substantially
11.21similar to the elements of maltreatment under section 626.556 or 626.557 and meet the
11.22definition of serious maltreatment or recurring maltreatment;
11.23(3) the termination of the individual's parental rights under section 260C.301, subdivision
11.241, paragraph (a); or
11.25(4) a gross misdemeanor-level conviction for: section 609.746 (interference with privacy);
11.26609.2242 and 609.2243 (domestic assault); 609.377 (malicious punishment of a child); or
11.27609.378 (neglect or endangerment of a child).
11.28EFFECTIVE DATE.This section is effective July 1, 2021.

11.29    Sec. .... Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 1, is amended
11.30to read:
11.31    Subdivision 1. Minimum disqualification periods. The disqualification periods under
11.32subdivisions 3 to 5 6 are the minimum applicable disqualification periods. The commissioner
11.33may determine that an individual should continue to be disqualified from licensure because
12.1the individual continues to pose a risk of harm to persons served by that individual, even
12.2after the minimum disqualification period has passed.
12.3EFFECTIVE DATE.This section is effective July 1, 2021.

12.4    Sec. .... Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 2, is amended
12.5to read:
12.6    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in
12.7paragraphs (b) to (e) (f), the commissioner may not set aside the disqualification of any
12.8individual disqualified pursuant to this chapter, regardless of how much time has passed,
12.9if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
12.101.
12.11    (b) For an individual in the chemical dependency or corrections field who was disqualified
12.12for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification
12.13was set aside prior to July 1, 2005, the commissioner must consider granting a variance
12.14pursuant to section 245C.30 for the license holder for a program dealing primarily with
12.15adults. A request for reconsideration evaluated under this paragraph must include a letter
12.16of recommendation from the license holder that was subject to the prior set-aside decision
12.17addressing the individual's quality of care to children or vulnerable adults and the
12.18circumstances of the individual's departure from that service.
12.19    (c) If an individual who requires a background study for nonemergency medical
12.20transportation services under section 245C.03, subdivision 12, was disqualified for a crime
12.21or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have
12.22passed since the discharge of the sentence imposed, the commissioner may consider granting
12.23a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this
12.24paragraph must include a letter of recommendation from the employer. This paragraph does
12.25not apply to a person disqualified based on a violation of sections 243.166; 609.185 to
12.26609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3,
12.27clause (1); 617.246; or 617.247.
12.28(d) When a licensed foster care provider adopts an individual who had received foster
12.29care services from the provider for over six months, and the adopted individual is required
12.30to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
12.31(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
12.32to permit the adopted individual with a permanent disqualification to remain affiliated with
12.33the license holder under the conditions of the variance when the variance is recommended
13.1by the county of responsibility for each of the remaining individuals in placement in the
13.2home and the licensing agency for the home.
13.3(e) For an individual 18 years of age or older affiliated with a licensed family child foster
13.4care program, the commissioner must not set aside the disqualification of any individual
13.5disqualified pursuant to this chapter, regardless of how much time has passed, if the individual
13.6was disqualified for a crime or conduct listed in section 245C.15, subdivision 6, paragraph
13.7(a).
13.8(f) In connection with a license for family child foster care, the commissioner may grant
13.9a variance to the disqualification for an individual who is under 18 years of age at the time
13.10the background study is submitted.
13.11EFFECTIVE DATE.This section is effective July 1, 2021.

13.12    Sec. .... Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 3, is amended
13.13to read:
13.14    Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may not set
13.15aside the disqualification of an individual in connection with a license to provide family
13.16child care for children, foster care for children in the provider's home, or foster care or day
13.17care services for adults in the provider's home if: (1) less than ten years has passed since
13.18the discharge of the sentence imposed, if any, for the offense; or (2) when disqualified based
13.19on a preponderance of evidence determination under section 245C.14, subdivision 1,
13.20paragraph (a), clause (2), or an admission under section 245C.14, subdivision 1, paragraph
13.21(a), clause (1), and less than ten years has passed since the individual committed the act or
13.22admitted to committing the act, whichever is later; and (3) the individual has committed a
13.23violation of any of the following offenses: sections 609.165 (felon ineligible to possess
13.24firearm); criminal vehicular homicide or criminal vehicular operation causing death under
13.25609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (aiding
13.26suicide or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault
13.27in the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713
13.28(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple
13.29robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot);
13.30609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
13.31witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous
13.32weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);
13.33609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled
13.34substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or
14.1subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024,
14.2subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree);
14.3609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable
14.4adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
14.5patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
14.6vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
14.7to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in
14.8the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first,
14.9second, or third degree); 609.268 (injury or death of an unborn child in the commission of
14.10a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or
14.11displaying harmful material to minors); a felony-level conviction involving alcohol or drug
14.12use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a
14.13gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross
14.14misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision
14.153 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess
14.16firearms); or Minnesota Statutes 2012, section 609.21.
14.17    (b) The commissioner may not set aside the disqualification of an individual if less than
14.18ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to
14.19commit any of the offenses listed in paragraph (a) as each of these offenses is defined in
14.20Minnesota Statutes.
14.21    (c) The commissioner may not set aside the disqualification of an individual if less than
14.22ten years have passed since the discharge of the sentence imposed for an offense in any
14.23other state or country, the elements of which are substantially similar to the elements of any
14.24of the offenses listed in paragraph (a).
14.25EFFECTIVE DATE.This section is effective July 1, 2021.

14.26    Sec. .... Minnesota Statutes 2018, section 245C.24, subdivision 4, is amended to read:
14.27    Subd. 4. Seven-year bar to set aside disqualification. The commissioner may not set
14.28aside the disqualification of an individual in connection with a license to provide family
14.29child care for children, foster care for children in the provider's home, or foster care or day
14.30care services for adults in the provider's home if within seven years preceding the study:
14.31(1) the individual committed an act that constitutes maltreatment of a child under section
14.32626.556, subdivision 10e, and the maltreatment resulted in substantial bodily harm as defined
14.33in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by
14.34competent psychological or psychiatric evidence; or
15.1(2) the individual was determined under section 626.557 to be the perpetrator of a
15.2substantiated incident of maltreatment of a vulnerable adult that resulted in substantial
15.3bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional
15.4harm as supported by competent psychological or psychiatric evidence.
15.5EFFECTIVE DATE.This section is effective July 1, 2021.

15.6    Sec. .... Minnesota Statutes 2018, section 245C.24, is amended by adding a subdivision
15.7to read:
15.8    Subd. 6. Five-year bar to set aside disqualification; family child foster care. (a) The
15.9commissioner shall not set aside the disqualification of an individual 18 years of age or
15.10older in connection with a license for foster care for children in the provider's home if within
15.11five years preceding the study the individual is convicted of a felony in section 245C.15,
15.12subdivision 6, paragraph (c).
15.13(b) In connection with a license for family child foster care, the commissioner may set
15.14aside or grant a variance to the disqualification for an individual who is under 18 years of
15.15age at the time the background study is submitted.
15.16EFFECTIVE DATE.This section is effective July 1, 2021."
15.17Renumber the sections in sequence and correct the internal references
15.18Amend the title accordingly