1.1.................... moves to amend H.F. No. 1240 as follows:
1.2Page 47, delete section 8, and insert:
1.3 "Sec. 8. Minnesota Statutes 2012, section 245C.24, subdivision 2, is amended to read:
1.4 Subd. 2.
Permanent bar to set aside a disqualification. (a) Except as provided in
1.5paragraph (b), the commissioner may not set aside the disqualification of any individual
1.6disqualified pursuant to this chapter, regardless of how much time has passed, if the
1.7individual was disqualified for a
crime or conduct listed in section
245C.15, subdivision
1.81
conviction under section 609.185 (murder in the first degree); 609.19 (murder in the
1.9second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
1.10degree); 609.205 (manslaughter in the second degree); 609.322, subdivisions 1 and
1.111a (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.324,
1.12subdivision 1 (engaging in, hiring, or agreeing to hire a minor to engage in prostitution);
1.13609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct
1.14in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345
1.15(criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the
1.16fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
1.17children to engage in sexual conduct; 609.365 (incest); 617.246 (use of minors in sexual
1.18performance); or 617.247 (possession of pornographic work involving minors).
1.19 (b) For an individual in the chemical dependency or corrections field who was
1.20disqualified for a crime or conduct listed under section
245C.15, subdivision 1, and whose
1.21disqualification was set aside prior to July 1, 2005, the commissioner must consider
1.22granting a variance pursuant to section
245C.30 for the license holder for a program
1.23dealing primarily with adults. A request for reconsideration evaluated under this paragraph
1.24must include a letter of recommendation from the license holder that was subject to the
1.25prior set-aside decision addressing the individual's quality of care to children or vulnerable
1.26adults and the circumstances of the individual's departure from that service.
2.1(c) When a licensed foster care provider adopts an individual who had received
2.2foster care services from the provider for over six months, and the adopted individual is
2.3required to receive a background study under section
245C.03, subdivision 1, paragraph
2.4(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
2.5section
245C.30 to permit the adopted individual with a permanent disqualification
2.6to remain affiliated with the license holder under the conditions of the variance when
2.7the variance is recommended by the county of responsibility for each of the remaining
2.8individuals in placement in the home and the licensing agency for the home."