under section 245C.30, the identity of the disqualified individual who is the subject of the variance, the individual’s disqualifying characteristics under section 245C.15, and the terms of the variance are public data, when the variance: (1) is issued to a child care center or a family child care provider licensed under chapter 245A; or (2) relates to an individual with a disqualifying characteristic under section 245C.15, subdivision 2. (c) The identity of a disqualified individual and the reason for disqualification remain private data when: (1) a disqualification is not set aside and no variance is granted, except as provided under section 13.46, subdivision 4; (2) the data are not public under paragraph (a) or (b); (3) the disqualification is rescinded because the information relied upon to disqualify the individual is incorrect; (4) the disqualification relates to a license to provide relative child foster care. As used in this clause, “relative” has the meaning given it under section 260C.007, subdivision 26b or 27; or (5) the disqualified individual is a household member of a licensed foster care provider and: (i) the disqualified individual previously received foster care services from this licensed foster care provider; (ii) the disqualified individual was subsequently adopted by this licensed foster care provider; and (iii) the disqualifying act occurred before the adoption. (d) Licensed family child care providers and child care centers must provide notices as required under section 245C.301. (e) Notwithstanding paragraphs (a) and (b), the identity of household members who are the subject of a disqualification related set-aside or variance is not public data if: (1) the household member resides in the residence where the family child care is provided; (2) the subject of the set-aside or variance is under the age of 18 years; and (3) the set-aside or variance only relates to a disqualification under section 245C.15, subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52. (f) When the commissioner has reason to know that a disqualified individual has received an order for expungement for the disqualifying record that does not limit the commissioner’s access to the record, and the record was opened or exchanged with the commissioner for purposes of a background study under this chapter, the data that would otherwise become public under paragraph (a) or (b) remain private data.
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