First Considerations in Starting a Family Child Care Busine…

Subd. 2. Applicant, license holder, or other entity. (a) The applicant, license holder, or other entities as provided in this chapter shall verify that the information collected under subdivision 1 about an individual who is the subject of the background study is correct and must provide the information on forms or in a format prescribed by the commissioner. (b) The information collected under subdivision 1 about an individual who is the subject of a completed background study may only be viewable by an entity that initiates a subsequent background study on that individual under NETStudy 2.0 after the entity has paid the applicable fee for the study and has provided the individual with the privacy notice in subdivision 2c. Subd. 2a. County or private agency. For background studies related to child foster care, county and private agencies must collect the information under subdivision 1 and forward it to the commissioner. Subd. 2b. County agency to collect and forward information to commissioner. For background studies related to all family adult day services and to adult foster care when the adult foster care license holder resides in the adult foster care residence, the county agency must collect the information required under subdivision 1 and forward it to the commissioner. Subd. 2c. Privacy notice to background study subject. (a) Prior to initiating each background study, the entity initiating the study must provide the commissioner’s privacy notice to the background study subject required under section 13.04, subdivision 2. The notice must be available through the commissioner’s electronic NETStudy and NETStudy 2.0 systems and shall include the information in paragraphs (b) and (c). (b) The background study subject shall be informed that any previous background studies that received a set-aside will be reviewed, and without further contact with the background study subject, the commissioner may notify the agency that initiated the subsequent background study: (1) that the individual has a disqualification that has been set aside for the program or agency that initiated the study; (2) the reason for the disqualification; and (3) that information about the decision to set aside the disqualification will be available to the license holder upon request without the consent of the background study subject. (c) The background study subject must also be informed that: (1) the subject’s fingerprints collected for purposes of completing the background study under this chapter must not be retained by the Department of Public Safety, Bureau of Criminal Apprehension, or by the commissioner, but will be retained by the Federal Bureau of Investigation; (2) effective upon implementation of NETStudy 2.0, the subject’s photographic image will be retained by the commissioner, and if the subject has provided the subject’s Social Security number for purposes of the background study, the photographic image

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