DHS Licensing

DEPARTMENT OF HUMAN SERVICES (DHS) LICENSING

Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-842-6907
mthugdahl@mnlsap.org

I. BACKGROUND STUDIES

A. Access to Sex Offender Registry
Chapter 108, Article 5, Sections 2, 4, and 12 (HF 1233)
Amends Minn. Stat. §§ 243.166, subd. 7; 245C.08, subd. 1; and 299C.093
Effective July 1, 2013

Expands access to the Predatory Offender (i.e., sex offender) Registry to DHS for purposes of conducting background studies under Minnesota Chapter 245C. Requires DHS to review information from the Predatory Offender Registry when conducting background studies.

B. Access to Court Information System (MNCIS)
Chapter 108, Article 5, Sections 3 and 4 (HF 1233)
Amends Minn. Stat. § 245C.08, subd. 1
Adds Minn. Stat. § 245C.04, subd. 4a
Effective July 1, 2013


Requires DHS to design and implement a process for a regular electronic transfer of new criminal cases from the Minnesota Court Information System (MNCIS).

1. Individuals with Previous Background Studies

a. Individuals Who "Remain Affiliated" with the Same Agency
Provides that the system may include for review only records for individuals with a previous background study who remain affiliated with the same agency. Requires a new background study to be completed -- regardless of how much time has passed -- If the person returns.

Note: A person "remains affiliated" until the agency notifies DHS that the person is no longer affiliated.

b. Consideration of Criminal Case Information
Requires DHS to consider criminal case information received from MNCIS for persons who already have a completed background study but remain affiliated with the same agency that initiated the study.

2. Online System for Agencies
Requires DHS to develop and implement an online system for agencies that initiate background studies under Minnesota Statutes, Chapter 245C so that the agency can access and maintain background studies. Requires the system to: (1) show all active background studies for that agency, and each study's status; and (2) be used by the agency to notify DHS of a person's dis-affiliation with the agency.