Chapter 245C — Title

245C.01 Title Establishes the title of the chapter as the Department of Human Services Background Studies Act. 245C.02 Definitions Defines key terms used throughout the background study chapter, including access, background study subject, continuous … 245C.03 Background Study; Individuals to Be Studied Identifies who must undergo a background study, including employees, volunteers, and contractors at programs licensed or … 245C.031 Background Study; Alternative Background Studies Establishes requirements for background studies of owners and managerial officials of programs licensed by the … 245C.032 Former statutory provision that has been repealed, renumbered, or is otherwise no longer in effect. 245C.033 Guardians and Conservators; Maltreatment and State Licensing Agency Checks Provision of Minnesota law. See the full text for details. 245C.04 When Background Study Must Occur Governs the process for requesting and submitting background studies, including required information and procedures. 245C.041 Emergency Waiver to Temporarily Modify Background Study Requirements Provision of Minnesota law. See the full text for details. 245C.05 Background Study; Information and Data Provided to Commissioner Establishes the scope of background studies, including the databases and records that are checked, such as criminal … 245C.051 Destruction of Background Study Subject Information Provision of Minnesota law. See the full text for details. 245C.06 Governs notification requirements when a background study results in a disqualification, including what information must … 245C.07 Study Subject Affiliated With Multiple Facilities Establishes which criminal offenses and other factors result in disqualification from working with vulnerable … 245C.08 Background Study; Commissioner Reviews Governs permanent disqualifications that cannot be set aside, including certain serious violent and sexual offenses. 245C.09 Failure or Refusal to Cooperate With Background Study Establishes the time periods for disqualification based on different types of offenses, ranging from permanent to seven … 245C.10 Background Study; Fees Governs the process for requesting reconsideration of a disqualification determination by the Department of Human … 245C.11 Establishes criteria the commissioner considers when reviewing a reconsideration request, including rehabilitation, … 245C.12 Background Study; Tribal Organizations Governs set-aside of disqualifications, allowing the commissioner to determine that a disqualified person does not pose … 245C.125 Former statutory provision that has been repealed, renumbered, or is otherwise no longer in effect. 245C.13 Background Study Processing Addresses variances granted to programs that wish to hire or retain a disqualified individual, including conditions the … 245C.14 Disqualification Establishes the process for appealing a disqualification that is not set aside through reconsideration, including the … 245C.15 Disqualifying Crimes or Conduct Governs the duties of license holders related to background studies, including the obligation to ensure studies are … 245C.16 Disqualified Individual's Risk of Harm Establishes data practices provisions for background study information, including classifications of data and authorized … 245C.17 Notice of Background Study Results Governs the portability of background studies, allowing studies to transfer between programs and counties in certain … 245C.18 Obligation to Remove Disqualified Individual From Direct Contact and From Working in a Program, Facility, Setting, or Center Establishes provisions for ongoing monitoring of background study subjects, including how new criminal activity triggers … 245C.19 Termination of Affiliation Based on Disqualification Notice Addresses background study requirements for specific types of programs, including child foster care, family child care, … 245C.20 License Holder Record Keeping Governs background study requirements for personal care attendants and other individuals providing home-based services. 245C.21 Requesting Reconsideration of Disqualification Establishes provisions for background studies of individuals affiliated with child care centers and family child care … 245C.22 Review and Action on a Reconsideration Request Addresses the commissioner's authority to contract with other entities to conduct background studies and process … 245C.23 Commissioner's Reconsideration Notice Governs fees for background studies, including who pays and how fee amounts are determined. 245C.24 Disqualification; Bar to Set Aside a Disqualification; Request for Variance Establishes penalties for providing false information on a background study form or for attempting to circumvent the … 245C.25 Consolidated Reconsideration of Maltreatment Determination and Disqualification Provides transition provisions for individuals studied under prior versions of the background study law. 245C.26 Reconsideration of a Disqualification for an Individual Living in a Licensed Home Establishes the commissioner's rulemaking authority for implementing the background study chapter. 245C.27 Fair Hearing Rights Addresses interstate background studies and the use of FBI fingerprint-based checks for individuals with out-of-state … 245C.28 Contested Case Hearing Rights Governs the NETStudy 2.0 system, the Department of Human Services' online background study processing system. 245C.29 Conclusive Determinations or Dispositions Establishes provisions for background studies related to adoption and foster care, including additional checks required … 245C.30 Variance for a Disqualified Individual Addresses background study requirements for guardians and conservators appointed by the court to serve vulnerable … 245C.301 Former statutory provision that has been repealed, renumbered, or is otherwise no longer in effect. 245C.31 Individual Regulated by a Health-related Licensing Board; Disqualification Based on Maltreatment Governs the process for rehabilitative assessments as part of the background study reconsideration process. 245C.32 Systems and Records Establishes provisions for background studies of individuals seeking to provide children's residential facility … 245C.33 Adoption and Transfer of Permanent Legal and Physical Custody Background Study Requirements Addresses the interaction between background study requirements and other professional licensing or credentialing … 245C.34 Adoption and Child Foster Care Background Studies; Tribal Organizations Provision of Minnesota law. See the full text for details.