§ 245C.18 — OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM DIRECT CONTACT AND FROM WORKING IN A PROGRAM, FACILITY, SETTING, OR CENTER

Minnesota § 245C.18

• Jurisdiction: Minnesota
• Part: PUBLIC WELFARE AND RELATED ACTIVITIES
• Ch. 245C: HUMAN SERVICES BACKGROUND STUDIES

Text

(a) Upon receipt of notice from the commissioner, the license holder must remove a disqualified individual from direct contact with persons served by the licensed program if:
(1) the individual does not request reconsideration under section245C.21within the prescribed time;
(2) the individual submits a timely request for reconsideration, the commissioner does not set aside the disqualification under section245C.22, subdivision 4, and the individual does not submit a timely request for a hearing under sections245C.27and256.045, or245C.28and chapter 14; or
(3) the individual submits a timely request for a hearing under sections245C.27and256.045, or245C.28and chapter 14, and the commissioner does not set aside or rescind the disqualification under section245A.08, subdivision 5, or256.045.
(b) For children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program, facility, or setting and from access to persons served by the licensed program.
(c) For Title IV-E eligible children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program and from access to persons served by the program and must not allow the individual to work in the facility or setting until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set aside under section245C.23; or
(3) a variance has been granted related to the individual under section245C.30.
(d) For licensed child care center and certified license-exempt child care center license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must remove the disqualified individual from working in any position regardless of whether the individual would have direct contact with or access to children served in the center and from having access to persons served by the center and must not allow the individual to work in the center until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set aside under section245C.23; or
(3) a variance has been granted related to the individual under section245C.30.

Legislative History

2003 c 15 art 1 s 18;2004 c 288 art 1 s 57;1Sp2020 c 2 art 5 s 22;1Sp2021 c 7 art 2 s 60