The commissioner must complete background studies and send the required notice. Until notice is issued, the subject of the study may not do covered activities, and some providers must wait for notice before services start.
§ Subdivision 1.Completion of background study. Upon receipt of the background study forms from an applicant, license holder, or other entity as provided in this chapter required to initiate a background study under section 245C.04, the commissioner shall complete the background study and provide the notice required under section 245C.17, subdivision 1. § Subd. 2.Activities pending completion of background study. The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a). (a) Notices from the commissioner required prior to activity under paragraph (c) include: (1) a notice of the study results under section 245C.17 stating that: (i) the individual is not disqualified; or (ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct supervision prior to completion of the background study. When more time is necessary to complete a background study of an individual affiliated with a Title IV-E eligible children's residential facility or foster residence setting, the individual may not work in the facility or setting regardless of whether or not the individual is supervised; (2) a notice that a disqualification has been set aside under section 245C.23; or (3) a notice that a variance has been granted related to the individual under section 245C.30. (b) For a background study affiliated with a licensed child care center or certified license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), must not be issued until the commissioner receives a qualifying result for the individual for the fingerprint-based national criminal history record check or the fingerprint-based criminal history information from the Bureau of Criminal Apprehension. The notice must require the individual to be under continuous direct supervision prior to completion of the remainder of the background study except as permitted in subdivision 3. (c) Activities prohibited prior to receipt of notice under paragraph (a) include: (1) being issued a license; (2) living in the household where the licensed program will be provided; (3) providing direct contact services to persons served by a program unless the subject is under continuous direct supervision; (4) having access to persons receiving services if the background study was completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the subject is under continuous direct supervision; (5) for licensed child care centers and certified license-exempt child care centers, providing direct contact services to persons served by the program; (6) for children's residential facilities or foster residence settings, working in the facility or setting; (7) for background studies affiliated with a personal care provider organization, except as provided in section 245C.03, subdivision 3b, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study of the personal care assistant under this chapter and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is: (i) not disqualified under section 245C.14; or (ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22; or (8) for background studies affiliated with an early intensive developmental and behavioral intervention provider, before an individual provides services, the early intensive developmental and behavioral intervention provider must initiate a background study for the individual under this chapter and the early intensive developmental and behavioral intervention provider must have received a notice from the commissioner that the individual is: (i) not disqualified under section 245C.14; or (ii) disqualified, but the individual has received a set-aside of the disqualification under section 245C.22. [See Note.] § Subd. 3.Other state information. If the commissioner has not received criminal, sex offender, or maltreatment information from another state that is required to be reviewed under this chapter within ten days of requesting the information, and the lack of the information is the only reason that a notice is issued under subdivision 2, paragraph (a), clause (1), item (ii), the commissioner may issue a notice under subdivision 2, paragraph (a), clause (1), item (i). The commissioner may take action on information received from other states after issuing a notice under subdivision 2, paragraph (a), clause (1), item (ii).