HF2226

Purpose of the Bill

The bill aims to modify the requirements for conducting background studies on child care providers in Minnesota. It seeks to enhance coordination between the Department of Human Services and the Bureau of Criminal Apprehension to ensure comprehensive background checks for individuals involved in child care services.

Main Provisions

• Coordination with Bureau of Criminal Apprehension: The bill stipulates that the Commissioner of the Department of Human Services must request information every six months from the Bureau of Criminal Apprehension for all child care background checks. This includes checking notifications from the National Center for Missing and Exploited Children.

• Confidentiality of Disqualification Reasons: If an individual is disqualified based on information from the Bureau, the Commissioner must not disclose the specific reason for disqualification to the license holder, entity, or applicant involved in the background study.

• Disqualification Criteria: Several grounds for disqualification are specified, including:

  • Convictions or admissions (including Alford pleas) to specific crimes listed in another section.
  • Evidence indicating the commission of certain crimes.
  • Administrative determinations from investigations.
  • Termination of parental rights.
  • Notifications from the Bureau of Criminal Apprehension.

• Exceptions for Disqualified Individuals: The bill outlines situations where a disqualified individual may continue to work in positions involving direct contact with children:

  • During the period for requesting reconsideration.
  • If the disqualification is set aside by the Commissioner.
  • If a variance is granted by the license holder.

Significant Changes to Existing Law

• The new requirement for semi-annual coordination with the Bureau of Criminal Apprehension is an addition to the existing background check procedures.
• The introduction of strict non-disclosure of disqualification reasons related to Bureau information is a notable change, emphasizing confidentiality.

Relevant Terms

• Background checks
• Child care provider
• Bureau of Criminal Apprehension
• National Center for Missing and Exploited Children
• Disqualification criteria
• Alford plea
• Direct contact with children