Subdivision 1. Access to data. For the purposes of background studies completed by tribal organizations performing licensing activities otherwise required of the commissioner under this chapter, after obtaining consent from the background study subject, tribal licensing agencies shall have access to criminal history data in the same manner as county licensing agencies and private licensing agencies under this chapter.
Subd. 2. Adoptions; child foster care. Tribal organizations may contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to adoptions according to section 245C.34. Tribal organizations may also contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to child foster care according to section 245C.34.
Subd. 3. Nursing facility. For the purposes of background studies completed to comply with a tribal organization's licensing requirements for individuals affiliated with a tribally licensed nursing facility, the commissioner shall obtain criminal history data from the National Criminal Records Repository in accordance with section 245C.32.
Subd. 4. Child care. (a) Tribal organizations may contract with the commissioner to:
(1) conduct background studies on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization; and
(2) obtain background study data on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization.
(b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a).
(c) A tribally affiliated child care program that does not contract with the commissioner to conduct background studies is exempt from the relevant requirements in this chapter. For a background study conducted under this subdivision to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter.
2003 c 15 art 1 s 12; 2007 c 147 art 3 s 17; 2015 c 71 art 7 s 9; 1Sp2019 c 11 art 8 s 9
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245C — Human Services Background Studies
Section 245C.02 — Definitions.
Section 245C.03 — Background Study; Individuals To Be Studied.
Section 245C.031 — Background Study; Alternative Background Studies.
Section 245C.032 — Public Law Background Studies.
Section 245C.04 — When Background Study Must Occur.
Section 245C.05 — Background Study; Information And Data Provided To Commissioner.
Section 245C.051 — Destruction Of Background Study Subject Information.
Section 245C.07 — Study Subject Affiliated With Multiple Facilities.
Section 245C.08 — Background Study; Commissioner Reviews.
Section 245C.09 — Failure Or Refusal To Cooperate With Background Study.
Section 245C.10 — Background Study; Fees.
Section 245C.11 — Background Study; County Agencies.
Section 245C.12 — Background Study; Tribal Organizations.
Section 245C.125 — Background Study; Head Start Programs.
Section 245C.13 — Background Study Processing.
Section 245C.14 — Disqualification.
Section 245C.15 — Disqualifying Crimes Or Conduct.
Section 245C.16 — Disqualified Individual's Risk Of Harm.
Section 245C.17 — Notice Of Background Study Results.
Section 245C.19 — Termination Of Affiliation Based On Disqualification Notice.
Section 245C.20 — License Holder Record Keeping.
Section 245C.21 — Requesting Reconsideration Of Disqualification.
Section 245C.22 — Review And Action On A Reconsideration Request.
Section 245C.23 — Commissioner's Reconsideration Notice.
Section 245C.24 — Disqualification; Bar To Set Aside A Disqualification; Request For Variance.
Section 245C.25 — Consolidated Reconsideration Of Maltreatment Determination And Disqualification.
Section 245C.26 — Reconsideration Of A Disqualification For An Individual Living In A Licensed Home.
Section 245C.27 — Fair Hearing Rights.
Section 245C.28 — Contested Case Hearing Rights.
Section 245C.29 — Conclusive Determinations Or Dispositions.
Section 245C.30 — Variance For A Disqualified Individual.
Section 245C.301 — Notification Of Set-aside Or Variance.
Section 245C.32 — Systems And Records.
Section 245C.34 — Adoption And Child Foster Care Background Studies; Tribal Organizations.