(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject’s registration in Minnesota as a predatory offender under section 243.166; (5) except as provided in clause (6), information from the national crime information system when the commissioner has reasonable cause as defined under section 245C.05, subdivision 5, or as required under section 144.057, subdivision 1, clause (2); and (6) for a background study related to a child foster care application for licensure, a transfer of permanent legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, the commissioner shall also review: (i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years; and (ii) information from national crime information databases, when the background study subject is 18 years of age or older. (b) Notwithstanding expungement by a court, the commissioner may consider information obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner. (c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study. (d) When the commissioner has reasonable cause to believe that the identity of a background study subject is uncertain, the commissioner may require the subject to provide a set of classifiable fingerprints for purposes of completing a fingerprint-based record check with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph shall not be saved by the commissioner after they have been used to verify the identity of the background study subject against the particular criminal record in question. (e) The commissioner may inform the entity that initiated a background study under NETStudy 2.0 of the status of processing of the subject’s fingerprints. Subd. 2. Background studies conducted by a county agency. (a) For a background study conducted by a county agency for family child care services, the commissioner shall review: (1) information from the county agency’s record of substantiated maltreatment of adults and the maltreatment of minors; (2) information from juvenile courts as required in subdivision 4 for: (i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13 through 23 living in the household where the licensed services will be provided; and (ii) any other individual listed under section 245C.03, subdivision 1, when there is reasonable cause; and
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