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S.F. No. 3731 - Modifying Various Background Study Provisions
Author: Senator Carla J. Nelson
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 22, 2018


Section 1 (245C.03, subd. 1a) amends the Department of Human Services (DHS) background study chapter of law relating to background studies for minor children living in the home of a child care provider.  The language in the new subdivision allows a parent to opt to have the background study of a minor include fingerprints for a national criminal history record check, if the child is 13-17 years of age and the child resides with a legal nonlicensed child care provider or in the home of a licensed family child care program. The study is valid for five years.

Section 2 requires the Commissioner of Human Services to notify all background study recipients under Minnesota Statutes, chapter 245C, that DHS, Public Safety, and the Bureau of Criminal Apprehension do not retain any fingerprint data after the background study is completed.

Section 3 requires the Commissioner of Human Services to work with stakeholders and others to unify the background studies process, and (1) establish a single background study process that satisfies the requirements for background studies required by DHS, Minnesota Department of Health, health-related licensing boards, and the Professional Educator Licensing and Standards Board, (2) establish a process that is transferable across different professions, between counties, and between provider types, (3) simplify the fee structure, and (4) identify any federal waivers necessary to implement the unified background studies process.  The commissioner is required to propose legislation in the 2019 session to establish the unified process.


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