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2013 Background Study Changes
2012 Background Study Changes
Adult Foster Care and Family Adult Day Services Background Studies
The authority for conducting adult foster care (AFC) and family adult day services (FADS) background studies transfers from County agencies to the Department of Human Services (DHS) effective July 1, 2009. A fee of $20 per AFC and FADS background study also becomes effective July 1, 2009.
A background study involves a review of specific records of the person being studied by the Department of Human Services. Routine background studies include a review of criminal history information maintained by the Bureau of Criminal Apprehension and records of substantiated maltreatment of vulnerable adults and minors from investigations completed by counties’ adult protection and child protection staff and by the Minnesota Department of Human Services and the Minnesota Department of Health. Additional records are also reviewed in some cases.
A background study must be initiated by the facility BEFORE a person begins providing direct contact services, or for nursing homes and boarding care homes, BEFORE a person has access to clients or residents or their belongings.
The background study subject 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 s/he is under continuous direct supervision.
The subject and the program may also receive a notice (pink form or electronic notification) stating that the individual is disqualified from any position allowing direct contact with, or access to, persons receiving services, and must be immediately removed from any position allowing direct contact with or access to persons receiving services while the background study is being completed.
Background study requests may be submitted online using NETStudy, the Web-based application used to submit requests for background studies and receive results online.
Results of background studies
After the commissioner's receipt of the background study form, the commissioner shall notify the individual who is the subject of the study in writing or by electronic transmission of the results of the study. One of three notices could be provided:
If an individual who is the subject of a background study has a disqualification, the program will be notified that the individual is disqualified, and whether the program must immediately remove the individual from any position allowing direct contact with, or access to, people receiving services from the program.
If an individual is disqualified and the program is not ordered to immediately remove the individual, the program may choose whether 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 any position allowing direct contact with, or access to, people receiving services from the program. If the program chooses to allow the individual to continue in a position allowing direct contact services, the program must first do the following:
Data regarding individuals and disqualifications that are set aside or for whom a variance is granted
If a subject of a background study is disqualified, and s/he 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 the disqualification is available to them.
The identity of the disqualified individual who receives a set aside or for whom a variance is granted and his/her disqualifying characteristic(s) are public data as provided below:
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 the 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.
Effective August 1, 2006, Laws of Minnesota 2006, chapter 264 [SF2833] permits family child care providers to not disclose the identity of a household minor who is the subject of a set-aside or variance for a misdemeanor level theft crime.
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 him/her is incorrect, s/he may ask for reconsideration of the disqualification.
Effective August 1, 2006, Laws of Minnesota 2006, chapter 264 [SF2833] modifies the bar to set aside requirements for individuals in the chemical dependency field who have been disqualified for a crime or conduct under Minnesota Statutes, section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005. The change requires the Commissioner of Human Services to consider granting a variance for the license holder for a program dealing primarily with adults. A request for reconsideration must include a letter of recommendation from the license holder that was subject to the prior set-aside decision addressing the individual’s quality of care to children or vulnerable adults and the circumstances of the individual’s departure from that service.
Minnesota Statutes, Chapter 245C (Human Services Background Studies Act)
Minnesota Statutes, section 144.057 (Department of Health)
Minnesota Statutes, Chapter 144A (Department of Health)
Minnesota Statutes, section 241.021 (Department of Corrections)
Minnesota Statutes, section 256B.0627 (Personal Care Provider Organizations)
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