Subdivision 1. Background studies initiated by program. A licensed program shall document the date the program initiates a background study under this chapter and the date the subject of the study first has direct contact with persons served by the program in the program's personnel files. When a background study is completed under this chapter, a licensed program shall maintain a notice that the study was undertaken and completed in the program's personnel files. Except when background studies are initiated through the commissioner's online system, if a licensed program has not received a response from the commissioner under section 245C.17 within 45 days of initiation of the background study request, the licensed program must contact the human services licensing division to inquire about the status of the study. If a license holder initiates a background study under the commissioner's online system, but the background study subject's name does not appear in the list of active or recent studies initiated by that license holder, the license holder must either contact the human services licensing division or resubmit the background study information online for that individual.
Subd. 2. Background studies initiated by others; personnel pool agencies, temporary personnel agencies, supplemental nursing services agencies, or professional services agencies. When a license holder relies on a background study initiated by a personnel pool agency, a temporary personnel agency, a supplemental nursing services agency, or a professional services agency for a person required to have a background study completed under section 245C.03, the license holder must maintain a copy of the background study results in the license holder's files.
Subd. 2a. Background studies initiated by others; educational programs. When a license holder relies on a background study initiated by an educational program for a person required to have a background study completed under section 245C.03 and the person is on the educational program's active roster, the license holder is responsible for ensuring that the background study has been completed. The license holder may satisfy the documentation requirements through a written agreement with the educational program verifying that documentation of the background study may be provided upon request and that the educational program will inform the license holder if there is a change in the person's background study status. The license holder remains responsible for ensuring that all background study requirements are met.
Subd. 3. Background studies identified on active rosters. The requirements in subdivisions 1 and 2 are met for entities for which active rosters are implemented and for whom all individuals affiliated with the entity are recorded on the active roster.
2003 c 15 art 1 s 20; 2004 c 288 art 1 s 58; 2009 c 79 art 1 s 15; 2010 c 329 art 1 s 16; 2014 c 228 art 5 s 5; 2014 c 250 s 18; 2015 c 78 art 4 s 40,41
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.