Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 245C.14. Disqualification

Subdivision 1. Disqualification from direct contact. (a) The commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity identified insection 245C.03, upon receipt of information showing, or when a background study completed under this chapter shows any of the following:

(b) No individual who is disqualified following a background study undersection 245C.03, subdivisions 1and2, may be retained in a position involving direct contact with persons served by a program or entity identified insection 245C.03, unless the commissioner has provided written notice undersection 245C.17stating that:

(c) Notwithstanding paragraph (a), for the purposes of a background study affiliated with a licensed family foster setting, the commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity identified insection 245C.03, upon receipt of information showing or when a background study completed under this chapter shows reason for disqualification undersection 245C.15, subdivision 4a.

Subd. 2. Disqualification from access. (a) If an individual who is studied undersection 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), is disqualified from direct contact under subdivision 1, the commissioner shall also disqualify the individual from access to a person receiving services from the license holder.

(b) No individual who is disqualified following a background study undersection 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), or as provided elsewhere in statute who is disqualified as a result of this section, may be allowed access to persons served by the program unless the commissioner has provided written notice undersection 245C.17stating that:

Subd. 3. Disqualification from working in children's residential facilities and foster residence settings. (a) For a background study affiliated with a children's residential facility or foster residence setting, if an individual is disqualified from direct contact under subdivision 1, the commissioner must also disqualify the individual from working in the children's residential facility or foster residence setting and from having access to a person receiving services from the facility or setting.

(b) Notwithstanding any other requirement of this chapter, for a background study affiliated with a Title IV-E eligible children's residential facility or foster residence setting, if an individual is disqualified, the individual may not work in the facility or setting until the commissioner has issued a notice stating that:

Subd. 4. Disqualification from working in licensed child care centers or certified license-exempt child care centers. (a) For a background study affiliated with a licensed child care center or certified license-exempt child care center, if an individual is disqualified from direct contact under subdivision 1, the commissioner must also disqualify the individual from working in any position regardless of whether the individual would have direct contact with or access to children served in the licensed child care center or certified license-exempt child care center and from having access to a person receiving services from the center.

(b) Notwithstanding any other requirement of this chapter, for a background study affiliated with a licensed child care center or a certified license-exempt child care center, if an individual is disqualified, the individual may not work in the child care center until the commissioner has issued a notice stating that: