HF2226

HF2226 (Legislative Session 94 (2025-2026))

Background study requirements for child care providers modified.

Related bill: SF2515

AI Generated Summary

This bill proposes changes to Minnesota's background study requirements for child care providers. It specifically amends Minnesota Statutes 2024, sections 245C.08 and 245C.14, to enhance coordination with the Bureau of Criminal Apprehension (BCA) and expand disqualification criteria for individuals with certain criminal or investigative records.

Key Provisions:

Coordination with the Bureau of Criminal Apprehension (BCA)
- The commissioner must submit background study requests to the BCA for family child care, certified license-exempt child care centers, licensed child care centers, and legal nonlicensed child care providers.
- The BCA must provide information related to any notifications received from the National Center for Missing and Exploited Children’s Law Enforcement Services Portal.
- These background study requests must be submitted every six months for each licensed child care provider.
- If the commissioner uses this information to disqualify an individual, they cannot disclose the reason for disqualification to the license holder or entity that submitted the study.
Expansion of Disqualification Criteria
- Individuals must be disqualified from direct contact with service recipients if a background study shows:
  1. A conviction, admission, or Alford plea to specific crimes listed in section 245C.15.
  2. A preponderance of evidence indicates the individual committed one of these crimes.
  3. An administrative determination has been made under section 245C.15, subdivision 4(b).
  4. The individual's parental rights have been terminated under section 260C.301.
  5. A notification from the BCA under section 245C.08, subdivision 2a (which includes information from the National Center for Missing and Exploited Children).
- Individuals disqualified under these provisions may not work in positions involving direct contact unless:
  1. They have received written notice from the commissioner allowing them to continue working while requesting reconsideration.
  2. The commissioner has set aside their disqualification for that program.
  3. The license holder has been granted a variance allowing the individual to remain in the position.
Disqualification for Licensed Family Foster Settings
- The commissioner shall also disqualify individuals from licensed family foster settings if the background study reveals information under section 245C.15, subdivision 4a.

Implications:

Increases monitoring and regulatory oversight of child care providers by integrating national missing and exploited children alerts.
Expands disqualification criteria to better protect children in care.
Restricts information sharing about reasons for disqualification to protect confidentiality.
Strengthens safety measures for licensed family foster settings.

Overall, the bill aims to enhance child safety through improved background screening processes and stricter disqualification rules.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 11, 2025	House	Floor	Action	Introduction and first reading, referred to	Children and Families Finance and Policy
March 11, 2025	House	Floor	Action	Introduction and first reading, referred to	Children and Families Finance and Policy
March 11, 2025	House	Floor	Action	Introduction and first reading, referred to	Children and Families Finance and Policy
March 16, 2025	House	Floor	Action	Author added
March 16, 2025	House	Floor	Action	Author added
March 19, 2025	House	Floor	Action	Authors added
March 19, 2025	House	Floor	Action	Authors added
March 26, 2025	House	Floor	Action	Committee report, to adopt and re-refer to	Judiciary Finance and Civil Law
March 26, 2025	House	Floor	Action	Committee report, to adopt and re-refer to	Judiciary Finance and Civil Law

Citations

[
  {
    "analysis": {
      "added": [
        "A new subdivision for coordination with the Bureau of Criminal Apprehension regarding child care provider background studies."
      ],
      "removed": [
        ""
      ],
      "summary": "Modifies background study requirements for child care providers by adding a subdivision to section 245C.08.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Notification from Bureau of Criminal Apprehension under new subdivision."
      ],
      "removed": [
        ""
      ],
      "summary": "Amends disqualification criteria under section 245C.14 for individuals in positions of direct contact.",
      "modified": [
        "Clarifies conditions under which individuals are disqualified from direct contact."
      ]
    },
    "citation": "245C.14",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to section 245C.03 for entities involved in background studies.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.03",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Relates to determining disqualification criteria based on criminal activity.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.15",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "References section 260C.301 for termination of parental rights as a disqualification criterion.",
      "modified": [
        ""
      ]
    },
    "citation": "260C.301",
    "subdivision": "subdivision 1 or subdivision 3"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to provision of written notice under section 245C.17 for disqualification reconsideration.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.17",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Allows individuals to request reconsideration as per section 245C.21.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.21",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Relates to setting aside disqualification in section 245C.22.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.22",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "References granting a variance for disqualified individuals under section 245C.30.",
      "modified": [
        ""
      ]
    },
    "citation": "245C.30",
    "subdivision": ""
  }
]