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S.F. No. 2530 - Modifications to Background Studies for Guardians and Conservators
 
Author: Senator Ron Latz
 
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
 
Date: February 24, 2020



 

Overview

SF 2530 makes several substantive and clarifying changes to the background study process for guardians and conservators. Under current law, background studies are required every two years for guardians and conservators and the commissioner of human services must collect information about the study subject from each professional licensing agency listed in statute. This bill requires a background study every five years; requires the commissioner to collect information from a professional licensing agency only if the study subject discloses a prior or current affiliation with the licensing agency; and requires a national criminal history record check.

Summary

Sec. 1., subd. 14. Guardians and conservators. Authorizes the commissioner to collect a single fee to recover the cost of conducting a background study.

Sec. 2., subd. 2. Use. Deletes the current varied fee structure for background studies.

Sec. 3. Background study.

Subd. 1. When required; exception. Requires a background study of a guardian or conservator once every five years. Requires a national criminal history record check.

Subd. 2. Procedure; criminal history and maltreatment records background check. The court’s request to the commissioner for a background study must be accompanied by an acknowledgement that the study subject received a privacy notice. The commissioner must provide the results of the background study to the court within 20 working days (as opposed to 15 working days under current law). The commissioner must also provide information related to the study subject’s history with a professional licensing agency if the study subject indicates a current or prior affiliation.

Subd. 2a. Procedure; state licensing agency data. Adds the Professional Educator Licensing and Standards Board to the list of professional licensing agencies from which the commissioner must collect information about the study subject, if the study subject indicates a current or prior affiliation with that licensing agency. Requires the licensing agency to provide the commissioner with a quarterly list of new sanctions issued by the agency. Requires the commissioner to review licensing agency databases at least once every four months to determine if an individual who studied within the last five years has any new disciplinary action or did not disclose a prior or current affiliation. The commissioner must forward any new information to the court.

Subd. 3. Forms and systems. Requires the court to provide a privacy notice to the study subject. Requires the commissioner to use the NETStudy 2.0 system to conduct a background study.

 
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