What's new
Read through recent background studies communications and legislative changes below.
Emergency background studies are no longer valid. Learn more about the return to fully compliant studies.
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Read through recent background studies communications and legislative changes below.
Emergency background studies are no longer valid. Learn more about the return to fully compliant studies.
Statute now clarifies that if the person seeking a child foster care license is the child’s relative, DHS will consider the importance of maintaining the child's relationship with relatives when determining whether a background study disqualification should be set aside.
The Minnesota Judicial Branch (MJB) must submit guardian or conservator maltreatment and licensing agency checks to DHS using the specified form, and then DHS will conduct the necessary checks. The MJB shall pay the fee for an applicant who has been granted in forma pauperis status upon receipt of the invoice from the commissioner.
DHS can disqualify a health-related board licensed individual for maltreatment if the individual's study is related to child foster care, adult foster care, or family child care licensure. In all other cases, the health-related licensing board shall determine whether to impose disciplinary or corrective action.
Effective July 1, 2024, the offenses listed below will be disqualifications. Minnesota Statutes §245C.15 will be amended to include the following:
The DHS Commissioner can now temporarily waive or modify some background study requirements in response to situations, which include but are not limited to, public health emergencies, environmental emergencies, natural disasters, and other unplanned events that prevent background study requirements from being met.
Statute now clarifies that information obtained from public web-based data through NETStudy 2.0 or any other source that is not direct correspondence from the DHS Commissioner is not a notice of disqualification. No procedures have changed.
Beginning July 1, 2024, all background studies for license-exempt, non-certified Head Start programs must include fingerprints. This makes the fingerprinting requirements for all Head Start programs the same, as licensed and certified Head Start programs (which are onboarded as a child care provider type in NETStudy 2.0) are already using fingerprint-based background studies.
Statute now clarifies that DHS has the authority to review juvenile court records for background studies for all program types, including unlicensed programs.
Effective July 1, 2024, foster residence settings and children's residential facilities (CRFs) will have the same permanent bars to a set aside or variance as licensed family foster settings. However, unlike licensed family foster settings, DHS is prohibited from granting a variance for any disqualified individual affiliated with a foster residence setting or CRF, even if the person is under the age of 18 at the time the background study is submitted. For foster residence settings and CRFs, and for family foster settings where the disqualified individual is 18 years of age or older at the time the background study is submitted, DHS shall not set aside or grant a background study variance for individuals disqualified for a crime or conduct listed in Minnesota Statutes section 245C.15, subdivision 4a, paragraph (a) or (b), regardless of how much time has passed. Additionally, foster residence settings and CRFs will have the same 5-year bars to a set aside or variance.
Applicants, licensees, and other occupations regulated by the Commissioner of Health are responsible for paying a $44 background study fee.
To better support providers, the Department of Human Services (DHS) Background Studies Division will be adding staff and strengthening infrastructure over the next several years. Staffing will increase in a variety of areas, including the contact center and research teams that make determinations on background studies. This staffing increase will also allow the Background Studies Division to build a provider relations strategy that increases engagement and support for all providers required to submit background studies and expand current quality assurance review capabilities.
The 2023 Legislature enacted a fee increase for DHS background study applications. Starting July 1, 2023, fees that are currently $40 or $42 will increase to $44 and fees that are $51 will increase to $53. These fee increases will help cover the actual costs of conducting background studies and criminal history searches. The legislation also grants DHS the authority to increase background studies fees to align with increases in state Bureau of Criminal Apprehension or national criminal history record check fees. These fee changes do not require legislative approval.
To bring DHS into compliance with federal regulations related to data sharing and meet the minimum necessary rule of data sharing, DHS is making the following changes:
Beginning July 1, 2024, all requests for reconsideration of an ineligible background study determination will need to be submitted within 30 calendar days of receipt of the Notice of Disqualification. Previously, some reconsideration requests needed to be submitted with 15 days and others within 30 days. To simplify the process, all timelines for requesting reconsideration will be the same going forward. The recommendation for a standardized timeline was made by the Human Services Background Study Eligibility Task Force.
For background studies requested on or after August 1, 2024, a new 5-year disqualifications tier for certain drug-related crimes (particularly those related to the possession of a controlled substance) is going into effect. Previously, these offenses were subject to a 15-year disqualification. A list of offenses that will be subject to the 5-year disqualification tier can be found in Minnesota Statutes, section 245C.15, subdivision 4b. This was a recommendation from the Human Services Background Study Eligibility Task Force.
The Clean Slate Act creates an automatic expungement process for certain non-violent offenses. DHS is carved out from the Clean Slate Act, which means that DHS could still use these expunged records. However, many offenses that are eligible for automatic expungement are not disqualifying.
Recreational marijuana (cannabis) use will soon become legal in Minnesota for people aged 21 or older. Many current cannabis-related criminal records will be eligible for automatic expungement, and many others will be eligible for reduced sentencing as a result of this law change. DHS is carved out of these automatic expungements, but the cases eligible for automatic expungement will not be disqualifying. For DHS background studies, felony offenses under Minnesota Statutes, Chapter 152 are disqualifying. The cannabis-related records that are based on provisions that are repealed or reduced below felony level will no longer be disqualifying.
Felony level cannabis-related criminal records will be evaluated by the Cannabis Expungement Board for expungement or sentence reduction. The cannabis board will then send its recommendations to the courts, who will order expungement or resentence the cases as appropriate. DHS will ultimately receive information about which cases have been expunged or resentenced, which will inform background study determinations. In the meantime, BGS will have a manual process analyzing cannabis records to determine whether or not these records are disqualifying. The board is expected to take several years to complete its evaluation of all relevant records.
The following language has been updated for clarity:
Starting November 1, 2024, study subjects with newly submitted studies must access background studies documents electronically in the NETStudy 2.0 applicant portal. As an exception to this requirement, study subjects may receive paper documentation upon written request made to DHS.
DHS will develop a plan for study subjects to request reconsideration and submit appeals electronically. This will significantly improve the subjects’ abilities to meet deadlines and help streamline the process. This process change will also allow DHS to improve data tracking.
State statute now aligns with current practices by codifying into law the requirement for study subjects to complete both the Informed Consent and criminal history Self-Disclosure Forms in NETStudy 2.0.
The background study identification requirement was clarified to state that study subjects who do not have a driver's license or state identification will be able to use an alternative form of identification.
The definition of felony has been updated in the criminal code. Previously, a felony sentence began at a year and one day. Now a felony sentence begins at one year (365 days). The definition of gross misdemeanor has been updated in the criminal code. Now a sentence of up to 364 days may be imposed. This change is retroactive. A sentence of one year (365 days) that was imposed or executed before July 1, 2023 is now considered a sentence of 364 days.
Carjacking was added as a specific offense to the Minnesota criminal code. The new carjacking crimes are now disqualifying for all study types, including family child foster care. Carjacking in the first and second degrees are permanent disqualifications and permanent bars to set aside for all programs. Carjacking in the third degree is a ten year bar to set aside for programs providing services in the provider’s home.
The Background Studies Division currently conducts name and date-of-birth criminal background checks on study subjects affiliated with the Minnesota Sex Offender Program (MSOP). On January 1, 2024, DHS will begin requiring MSOP study subjects to submit fingerprints which will be used to conduct Minnesota-only criminal record checks from the Bureau of Criminal Apprehension (BCA). DHS does not have the authority to request or receive criminal history records information from the FBI for MSOP study subjects. MSOP studies will include the following checks:
Clarifies that entities regulated by MDH shall not initiate DHS background studies for individuals who have a valid license from a health-related licensing board and have completed a criminal background study through the board. Provides that DHS is not liable for conducting background studies for individuals for whom an entity wrongly initiated a study, or whose entity did not remove them from a roster in NETStudy 2.0 when they were required to do so. This change clarifies legislation passed in 2022 prohibiting DHS from conducting a background study for many individuals licensed by a healthcare licensing board and affiliated with an MDH-licensed facility if they completed a criminal background check as part of licensure. Entities were required to remove those individuals from their rosters in NETStudy 2.0.
DHS will begin utilizing Microsoft Dynamics 365 CRM to manage and maintain various background study work processes that are currently performed outside of the NETStudy 2.0 system. The use of this customer relations management platform will allow DHS to integrate core functions and processes and will improve background studies data monitoring, tracking, and evaluation.
In response to concerns raised during the 2022 Tribal Summit, beginning in Fiscal Year 2024, $52,000 from the General Fund will be allocated to cover the costs of Tribal background studies for adoption and child foster care.
Emergency background studies expiration date extension
The transition period for emergency studies is extended until Jan.1, 2023. Individuals who are currently working under a valid emergency study can continue to do so until Jan.1, 2023.
Temporary waiver of direct contact supervision requirement
The temporary waiver that permits certain entities to allow a newly affiliated individual to work without direct contact supervision while their background study is being processed is effective until Jan.1, 2023.
Minnesota Sex Offender Program emergency background studies extension
The Department of Human Services (DHS) is allowed to continue emergency backgrounds studies for the Minnesota Sex Offender Program (MSOP) until federal approval is obtained for fingerprint-based studies and any system changes to NETStudy 2.0 are completed. When federal approval is obtained and necessary system changes are made, MSOP will have three months to transition existing emergency studies to fingerprint-based studies.
Deduplication of healthcare background studies:
DHS will no longer conduct a background study for most individuals affiliated with a Minnesota Department of Health licensed facility if they are licensed by a health-related licensing board and have completed a criminal background check as part of licensure. DHS will enter into a data sharing agreement with each health-related licensing board, receive daily rosters of individuals with an active license, conduct maltreatment checks for individuals on those rosters and report findings of substantiated maltreatment to the appropriate health-related licensing board. The licensing board will be responsible for determining whether to impose disciplinary or corrective action.
Federal compliance
The federal compliance change has two parts.
The first part is for compliance with FBI requirements and has the following main components:
The second set of changes is for Child Care and Development Block Grant (CCDBG) compliance:
Fee increase
The fees for employment background studies have increased from $20 to $42. In the future, if the FBI increases its fees, DHS may raise study fees by that amount. If DHS raises fees in response to a FBI increase, the Legislature will consider adopting that increase into statute the following legislative session.
Transition from emergency background studies
The transition period from emergency studies is increased from 60 days to 365 days. Providers that paid for emergency background studies in NETStudy 2.0 will receive a credit. In addition, DHS is able to contract with more than one authorized fingerprint vendor and may collect fingerprinting fees in the NETStudy 2.0 system and pass them through to the fingerprinting vendor.
New business partners
DHS will conduct background studies for MNsure navigators, in-person assisters, and certified application counselors; first-time applicants for teacher licensure from the Professional Educator Licensing and Standards Board (PELSB); and first-time applicants for administrator licensure from the Board of School Administrators (BOSA).
Early intensive developmental and behavioral intervention (EIDBI) studies
DHS will conduct background studies for early intensive developmental and behavioral intervention providers for autism services.
Child foster care
Background study requirements for child foster care licensure have been changed to more closely align with what is required for adoption. Child foster care has a new disqualification structure, including permanent and five-year disqualifications. DHS is required to transmit foster care background studies information obtained under sections 245C.05 and 245C.08 to private agencies as well as counties. DHS is not prohibited from sharing national criminal history check information with county agencies. Effective July 1, 2022.
Background studies eligibility task force
A 26-member task force will be convened to review and make recommendations about background study eligibility and disqualifications. Members will represent study subjects, providers, stakeholder groups and the Legislature. The task force will issue an interim report by March 1, 2022, a final report by Dec. 16, 2022, and will be managed by the Legislative Coordinating Commission.
FBI compliance
Minnesota Statutes, 245C.05, subd. 4 no longer has a reference to sharing background study results with private agencies. This change was necessary to comply with requirements from the FBI. The Department of Human Services still has authority to electronically share foster care background study results with counties and private agencies under the Adam Walsh Act. Effective Aug. 1, 2020 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Housing support services
Providers of housing stabilization services are required to have background studies. The fee for each study is $20. Effective Aug. 1, 2020 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Title IV-E: Children's residential facilities and foster residence settings
A study subject affiliated with a children's residential facility or foster residence setting may not work —regardless of supervision — until receiving either a clearance notice or notice that more time is needed to complete the study. If someone is affiliated with a Title IV-E-eligible facility or setting receives a more time is needed notice, they may not work until they receive a set aside or a variance. If a person affiliated with a non-Title IV-E-eligible facility or setting receives a more time is needed notice, their notice will indicate if they may work with or without supervision until they either receive a clearance notice or a set aside or variance. DHS must order the immediate removal of an individual from any position allowing direct contact with or access to people receiving services and from working in a Title IV-E-eligible children's residential facility or foster residence setting pending completion of the background study if a prior background study on that individual resulted in an order for immediate removal. Effective Aug. 1, 2020 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Guardian and conservator background studies
Guardian and conservator studies require a national criminal history check and the study renewal period is now five years instead of two years. The fee for each study is $110. Each study subject will receive a privacy notice from the court and must acknowledge receiving it. DHS will provide the court with information from a review of state licensing agency or board affiliations provided by the study subject. DHS is required to use the NETStudy 2.0 system to conduct the background studies. Effective Jan. 1, 2021 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Assisted living licensure
Assisted living facilities (those with and without dementia care) will be required to have background studies under a contract between the commissioner of health and the commissioner of human services. A controlling individual or managerial official of an assisted living facility must have a background study prior to the commissioner of health issuing a provisional license, issuing a license resulting from an ownership change or renewing a license. Employees, contractors and volunteers also will be required to have background studies. Classifies data collected as private data. Effective Aug. 1, 2021
Child care federal compliance
The law clarifies who needs a study for child care programs and details exclusions for individuals providing services that are not part of the child care program. All adults and individuals 17 and younger who are employed by a child care program (or when there is reasonable cause) must submit non-fingerprint-based data for a search of a national sex offender registry and the out-of-state criminal and sex offender registries in any state where the subject has lived in the last five years.
A study subject affiliated with a licensed child care center or a certified license-exempt child care center must be under continuous direct supervision prior to completion of the background study. The commissioner may issue a clearance notice for a study subject if 1) another state has not responded to a request for criminal, sex offender or maltreatment information after 10 days, and 2) this is the only reason that the study could not be cleared. Effective July 1, 2019
Family First Prevention Services Act
The law requires new background studies for individuals connected with licensed children's residential facilities. Individuals employed by a licensed children’s residential facility that serves children eligible to receive federal Title IV-E funding must complete the new background study by March 1, 2020. Individuals connected with a licensed children's residential facility that serves children not receiving federal Title IV-E funding must complete the new background study by March 1, 2021.
Studies related to children's residential facilities require fingerprints and photographs. The FBI does not retain the fingerprints. The fee for children's residential facilities studies may not exceed $51 per study. Effective July 1, 2019
FBI compliance
If the commissioner of human services makes a disqualification determination using information from a national criminal history record check:
Effective Oct. 1, 2019
Head Start background studies
Head Start programs receiving chapter 119A.52 funding may contract with the commissioner to conduct background studies on individuals affiliated with the program. The law requires a national criminal history record check. Programs that do not contract with the commissioner, are not licensed, and are not registered to receive payments under chapter 119B are exempt from chapter 245C requirements. Nothing in this section supersedes background study requirements in chapters 119B or 245H or programs registered to receive Chapter 119B payments. Transferable background studies must include all components of studies for a certified license-exempt child care center under chapter 245C. Effective July 1, 2019
Professional Educator Licensing and Standards Board (PELSB) background studies
PELSB must contract with DHS to conduct background studies for first-time teaching license applicants. Effective July 1, 2019
Permanent bar set aside
The law allows for the set aside of a permanent bar for an individual employed in the nonemergency medical transportation services field if more than 40 years have passed since sentence discharge. Effective Jan. 1, 2020
Substance use disorder set aside
The commissioners of health and of human services must set aside a disqualification for an individual in the substance use disorder field who requests reconsideration and who meets the following criteria: The individual may not have been disqualified for specified crimes. The individual must have documentation of successful treatment completed at least one year prior the request for reconsideration with no disqualifying crimes during that time and have documentation of abstinence from controlled substances for at least one year. Effective Jan. 1, 2020
Tribal organization background studies
Tribal organizations may contract with the commissioner to conduct background studies on individuals affiliated with a child care program sponsored, managed or licensed by a tribal organization. The law requires a national criminal history record check on those individuals. A tribally affiliated child care program that does not contract with the commissioner is exempt from requirements of chapter 245C. Transferable background studies must include all components of studies for a certified license-exempt child care center under chapter 245C. Effective July 1, 2019
The 2024 Legislature changed several laws that impact background studies. A few of those changes are highlighted below. The full list of legislative summaries can be found on the What's new page for background studies.
Statute now clarifies that if the person seeking a child foster care license is the child’s relative, DHS will consider the importance of maintaining the child's relationship with relatives when determining whether a background study disqualification should be set aside.
The Minnesota Judicial Branch (MJB) must submit guardian or conservator maltreatment and licensing agency checks to DHS using the specified form, and then DHS will conduct the necessary checks. The MJB shall pay the fee for an applicant who has been granted in forma pauperis status upon receipt of the invoice from the commissioner.
DHS can disqualify a health-related board licensed individual for maltreatment if the individual's study is related to child foster care, adult foster care, or family child care licensure. In all other cases, the health-related licensing board shall determine whether to impose disciplinary or corrective action.
The Department of Human Services (DHS) originally sent out this information on July 7, 2023. It is being re-sent because this legislative change will go into effect July 1, 2024.
Beginning July 1, all requests for reconsideration of an ineligible background study determination (disqualification) will need to be submitted within 30 calendar days of receipt of the Notice of Disqualification. Previously, some reconsideration requests needed to be submitted within 15 days and others within 30 days. To simplify the process, all timelines for requesting reconsideration will be the same going forward.
No. Study subjects will continue to request reconsideration the same way as before. The only change is that as of July 1, all study subjects will have 30 days to request reconsideration. The Notice of Disqualification will reflect this change, so you can continue to tell study subjects to follow the instructions they get in the mail. If a study subject doesn’t have their notice or request for reconsideration form, they can call 651-431-6620 or email dhs.netstudy2@state.mn.us for copies.