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| DHS Licensing Information Lookup is a new, simple online search tool. Use it to search the Minnesota Department of Human Services’ licensing information database. The information available through this Web site will include the most frequently requested public information maintained by the Licensing Division. Search for information about a licensed provider by name, license number, program type, county, ZIP code or city. |
| Requirements for providing direct contact services pending the completion of a background study |
| Effective July 1, 2005, the subject of a background study may not perform any activity requiring a background study [may not provide direct contact services (or have access, when applicable) to people receiving services] prior to receiving one of the notices referenced below or the equivalent electronic notification from NETStudy, unless he/she is under continuous direct supervision. |
| • A notice (blue form, or electronic notification) stating that the background study on the individual has been completed, and the individual may provide direct contact services for the agency for which the background study was completed. |
| • A notice (yellow form, or electronic notification) stating that more time is needed to complete the background study for the individual, and the individual may provide direct contact services while the background study is being completed. |
| You may also receive a notice (pink form, or electronic notification) stating that the individual is disqualified from providing direct contact services, must be immediately removed from any position allowing direct contact services (or access, when applicable) while the background study is being completed. |
| If an individual who is subject of a background study for your program has a disqualification, you will be notified that the individual is disqualified, and whether or not you must immediately remove the individual from any position allowing direct contact with (or access to when applicable) people receiving services from your program. |
| If an individual is disqualified and the program is not ordered to immediately remove the individual, the program may choose whether or not to allow the person to continue providing direct contact services pending a possible reconsideration decision by the Commissioner. If the program chooses not to allow the person to continue working, the individual must be immediately removed from a position allowing direct contact services. If the program chooses to allow the individual to continue in a position allowing direct contact services, the program must first do the following: |
• Obtain from the individual a copy of his/her notice of disqualification, which explains the reason for disqualification.
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• Ensure that the individual requests reconsideration within the stated timeline.
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| • When indicated, ensure that the individual is under continuous, direct supervision when providing direct contact services pending reconsideration of the disqualification. |
| If a subject of a background study is disqualified, he/she requests reconsideration and the disqualification is set aside or a variance is granted, the license holder or program will be informed of the reasons why the person was disqualified. In addition, the license holder or program will be informed that, upon request and without the individual’s consent, information about which factors were the basis of a decision to set aside a disqualification are available to them. |
The identity of the disqualified individual who received the set aside or for whom the variance was granted and his/her disqualifying characteristic(s) are public data:
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| • When the set aside or variance relates to a child care center (or family child care) for an individual who has any disqualifying characteristic |
| • When the set aside or variance relates to any other program and the individual has a disqualifying characteristic under Section 245C.15, subd. 2 (15-year disqualifications) |
| Licensed family child care providers and child care centers must provide a written notification to parents considering enrollment of a child or parents of a child attending a family child care or child care center if the program employs (or has living in the home, if family child care) any individual who is the subject of either a set-aside or a variance. |
| If an individual is disqualified for a crime or conduct listed in Minnesota Statutes, Section 245C.15, subdivision 1, the commissioner is prohibited from setting aside the disqualification and prohibited from granting a variance to the disqualification regardless of how much time has passed. However, if the individual believes that the information used to disqualify them was incorrect, they may ask for reconsideration of the disqualification. |
| For those who have been paying a fee for conducting background studies, the fee will be increased to $20 per study effective Aug. 1, 2005. |
| The Licensing Division performs three primary functions: |
| • Conducts background studies on individuals who have direct contact with children or vulnerable adults in Department of Human Services (DHS) licensed programs, Minnesota Department of Health (MDH) licensed programs, Minnesota Department of Corrections (DOC) licensed programs for children, and on individuals working in unlicensed Personal Care Provider Organizations (PCPOs). (For DHS programs and for unlicensed PCPOs, see Minnesota Statutes and Rules, Section 245C. For MDH programs, see Minnesota Statutes and Rules, Section 144.057, for DOC programs see Laws of Minnesota 2001, Chapter 210, which amended Minnesota Statutes, Section 241.021.) (Retrieve an entire chapter of statutes.) |
| • Residential Openings List (Additional information about particular licensed services for people with developmental disabilities. This Web site IS NOT maintained by DHS.) |
| • The Division of Licensing has received several calls from license holders regarding the new conceal and carry law. Click here to view the text of the related amendments contained in Chapter 28, Article 2, of the 2003 Regular Session Laws. Article 2, Section 2, contains information specifically about child care centers. The Division of Licensing will not be advising license holders regarding the implementation of this law. License holders with questions about the requirements of this law should consult an attorney. |
| • Consolidated Standards Manual Revised - The 2004 Legislature made changes in Minnesota Statute 245B (Consolidated Standards). The training manual was updated to reflect changes in the standards and give current answers to some of the most commonly asked questions about the standards. |
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