Purpose

• This bill changes how Minnesota handles background checks for people involved with state-licensed human services programs. It adds new requirements for who must undergo background studies, updates what counts as serious maltreatment, and creates a mechanism for delaying notification in criminal investigations.

Main Provisions

• Delay of notification in investigations (Sec.1)

  • Law enforcement can delay notifying a customer about certain information if sharing it would jeopardize an ongoing criminal investigation. The delay must be in writing and renewed every 90 days. The delay can be done directly by law enforcement or by another government authority.

• Redefinition of serious maltreatment (Sec.2)

  • Adds a formal definition of “serious maltreatment” that includes:
  • Sexual abuse or maltreatment resulting in death,
  • Neglect resulting in serious injury requiring care from a physician, APRN, or PA (whether or not care was sought),
  • Abuse causing serious injury or financial exploitation of a vulnerable adult if the value is $1,000 or more.
  • Clarifies that “care” by a physician/APRN/PA means treatment ordered or provided by a physician, PA, or APRN, but excludes certain things like basic diagnostic testing, over-the-counter remedies, or topical antibiotics when no follow-up is required.
  • Enumerates specific injuries and conditions considered serious maltreatment (e.g., various injuries, burns, head injuries, internal injuries, etc.).
  • Includes neglect that results in criminal sexual conduct against a child or vulnerable adult.

• Expanded background study requirements (Sec.3)

  • The commissioner must conduct a background study on: 1) The license applicant, and 2) An individual aged 13 or older living in the household where licensed services will be provided who isn’t currently receiving licensed services, 3) Current or prospective employees with direct contact, 4) Volunteers or student volunteers with direct contact, 5) An individual aged 10 to 12 living in the household when there is reasonable cause for a background study, 6) Any person who, without direct contact duties, may have unsupervised access to children or vulnerable adults served by the program (with reasonable cause), 7) All controlling individuals as defined by law, 8) In children's residential facilities and foster residence settings, any adult working there (even if not slated for direct contact).
  • For child foster care, a short-term substitute caregiver providing direct contact for less than 72 hours does not require a background study.
  • Applies to a wide range of licensed programs, including:
  • Adult foster care
  • Children’s residential facilities
  • Licensed home and community-based services (HCBS) under 245D
  • Residential mental health programs for adults
  • Substance use disorder treatment programs (245G)
  • Withdrawal management programs (245F)
  • Adult day care centers
  • Family adult day services
  • Detoxification programs
  • Community residential settings
  • Intensive residential treatment services and residential crisis stabilization (245I)
  • Treatment programs for persons with sexual psychopathic personality or sexually dangerous persons (licensed under 245A)
  • Children’s foster residence settings
  • The bill clarifies that background studies are required for many roles within these programs, including adults living in the household and various staff and volunteers.

Changes to Existing Law

• Adds a formal exception allowing law enforcement to delay notification to customers during ongoing investigations (Sec.1).
• Broadens the definition of serious maltreatment to cover additional types of maltreatment and a monetary threshold for financial exploitation of a vulnerable adult (Sec.2).
• Expands the scope of who must undergo background studies and the programs affected, including more household members and a wider set of licensed programs (Sec.3).

Affected Parties and Settings

• License applicants and license holders for numerous human services programs.
• Household members of license holders and staff (including older children 13+ and some 10–12-year-olds with reasonable cause).
• Current and prospective employees, volunteers, and substitute caregivers.
• A broad list of program types licensed under various Minnesota statutes (245A, 245D, 245G, 245F, 245I, etc.), plus specific facilities like children’s residential facilities and foster residence settings.

Notable Exceptions and Clarifications

• Short-term substitute caregiver (less than 72 hours) for child foster care is exempt from background study requirements.
• The “care” reference in the serious maltreatment definition excludes certain non-treatment activities (e.g., basic diagnostic testing, over-the-counter remedies, or topical antibiotics without follow-up).

Potential Impacts

• Increased safety oversight for vulnerable populations through broader background checks.
• Possible administrative burden and longer timelines for licensing due to more required background studies.
• Tighter standards for recognizing and reporting serious maltreatment.
• More leverage for law enforcement to delay certain notifications during investigations, potentially affecting service providers and clients.

Practical Considerations

• Programs will need to track and verify background-study requirements for a larger set of individuals (household members, volunteers, etc.).
• Agencies may need to adjust policies to accommodate the 90-day renewal requirement for notification delays.
• Providers should update training and records to reflect expanded definitions of serious maltreatment and the new criteria for who must have a background study.

Summary Takeaway

• The bill strengthens protections for vulnerable people by broadening who must undergo background checks, clarifying what counts as serious maltreatment, and allowing careful temporary delay of notices to protect ongoing criminal investigations.

Relevant Terms - background study - license / licensed program - commissioner - programs licensed by the commissioner - serious maltreatment - sexual abuse - neglect - vulnerable adult - financial exploitation - value threshold ($1,000) - care (physician, APRN, PA) - diagnostic testing - over-the-counter remedy - topical antibiotic - ongoing criminal investigation - delay notification - 13A.02 / 13A.03 (sections referenced) - law enforcement - unsupervised access - direct contact - substitutes / substitute caregiver - child foster care - household member - reasonable cause (245C.02 subdivision 15) - controlling individuals (245A.02 subdivision 5a) - adult foster care - children’s residential facilities - home and community-based services (HCBS, 245D) - residential mental health programs (adults) - substance use disorder treatment (245G) - withdrawal management (245F) - adult day care centers - family adult day services - detoxification programs - community residential settings - intensive residential treatment services - residential crisis stabilization (245I) - treatment programs for persons with sexual psychopathic personality or sexually dangerous persons (245A)