Background Study. Background studies are conducted to ensure that those providing licensed child care, or having access to children in licensed child care, do not have a history that may adversely affect the children in care. Minnesota Statutes § 245C.03 requires a background study for the following in family child care: the license applicant(s) and license holder(s); caregivers (provider, substitute, helper, or another adult giving care in the residence); individuals age 13 or older living in the household where the child care will be provided; and individuals who may have unsupervised access when there is reasonable cause. The county’s conduct of the background study will include a review of criminal history information maintained by the Minnesota Bureau of Criminal Apprehension, records of substantial maltreatment of a child or vulnerable adult or other records maintained by the juvenile courts, the county attorney, the county sheriff, local chiefs of police, the Federal Bureau of Investigation, and the National Criminal Records Repository. Minnesota Statutes § 245C.09 provides that an applicant’s failure or refusal to cooperate with the background study is considered probable cause to disqualify a subject, deny a license application, or suspend or revoke an existing license or registration. Minnesota Statute § 245C.15 identifies acts which disqualify a person from providing child care services in a licensed child care setting and also identifies the time period for the disqualification (7 years, 19 years, 15 years, or permanent disqualification depending on the severity of the offense). Examples include child abuse or neglect, spousal abuse, murder, criminal sexual contact, assault, false representation, medical assistance fraud. If the background study results in a disqualification, the Minnesota Department of Human Services may grant a “set aside” or a “variance” which will allow the disqualified person to participate. If the Minnesota Department of Human Services determines, after request by the disqualified person, that the person does not present a risk of harm to children in care, it will grant a “set aside.” If a set aside is not granted, a variance may be granted based on the license holder’s explanation of how the license holder will mitigate any risk of harm. Such a variance often has conditions. For further information see Minnesota Statutes Chapter 245C. 14
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