Section 1(245C.02, subd. 4a) is technical; updates a cross-reference.

Section 2 (245C.02, subd. 6a) changes the term “child care staff person” to “child care background study subject,” and modifies the definition by limiting the applicability of this definition to individuals who supervise children and by striking the blanket requirement that all persons 13 years of age and older to submit fingerprints for a background study.

Section 3 (245C.02, subd. 13c) defines the new term “national criminal history record check,” which means the check of records maintained by the Federal Bureau of Investigation (FBI) through the submission of fingerprints through the Bureau of Criminal Apprehension (BCA) to the FBI.

Section 4 (245C.02, subd. 15) clarifies the definition of “reasonable cause” to require a background study.

Section 5 (245C.02, subd. 15a) defines the new term “reasonable cause to require a national criminal history record check,” which means that information or circumstances exist that provide the commissioner with articulable suspicion that merits a national criminal history record check and specifies under what circumstances the commissioner has reasonable cause under this section.

Section 6 (245C.03, subd. 1) requires the commissioner to conduct a background study on an individual age 13 or older who is living in the household where there is a legal nonlicensed program or a certified licensed-exempt child care program, but is not receiving services from the program.  This section also updates cross-references.

Section 7 (245C.04, subd. 1) adds a cross-reference to the new background study requirements for minors in section 10.

Section 8 (245C.05, subd. 2c) provides that the FBI will only retain fingerprints of subjects with a criminal history.

Section 9 (245C.05, subd. 5) strikes obsolete language and inserts a cross-reference to the new background study requirements for minors under section 10. This section also requires that fingerprints must be submitted by the commissioner to the BCA and, when specifically required by law, to the FBI for a national criminal history record check.   The fingerprints must not be retained by the Department of Public Safety, and the FBI will only retain fingerprints of subjects with a criminal history. New paragraph (f) states that for any background study conducted under this chapter (245C), the subject shall provide the commissioner with fingerprints when the commissioner has reasonable cause to require a national criminal history record check.

Section 10 (245C.05, subd. 5a) establishes background study requirements for minors, which does not require fingerprints unless there is reasonable cause to require a national criminal history record check or if the subject is employed or supervises children served in the program.  A background study on a subject who is required to be studied and is 17 years of age or younger must be completed by the commissioner for a legal nonlicensed child care provider, a licensed family child care program, or a licensed foster care program.

Paragraph (b) requires the subject to provide the individual’s name, address, sex, date of birth, driver’s license number, and residence for the last five years.

Under paragraph (c), the subject who is 17 years of age or younger is required to submit fingerprints if the commissioner has reasonable cause to require a national criminal history record check or if the subject is employed by the provider or supervises children served by the program.

Section 11 (245C.051) is technical, updates a cross-reference.

Section 12 (245C.08, subd. 1) clarifies what the commissioner shall review when a background study is conducted by inserting cross-references to newly defined terms.

Section 13 (245C.10, subd. 9a) caps the fee for background studies when the subject is a minor at $20.

Section 14 (245C.15, subd. 1) updates terms and adds an exception to the permanent bar consistent with federal law.

Section 15 requires the commissioner to notify all background study subjects that the Department of Human Services, Department of Public Safety, and BCA do not retain fingerprint data after the background study is complete, and the FBI only retains the fingerprints of subjects who have a criminal history.

Section 16 is a technical revisor instruction to change the term “child care staff person” to “child care background study subject.”