Learn about news and updates on background studies activities at the Minnesota Department of Human Services (DHS). DHS temporarily modified background studies during the COVID-19 pandemic. These modifications ended Jan. 1, 2023. Learn more about the return to fully compliant studies.
Background study subjects have the option to access most of their notices and documents electronically. The feature called Applicant Access to Electronic Documents is available through the NETStudy 2.0 Applicant Data Entry Portal, referred to as the Applicant Portal. This paperless option securely stores documents electronically so study subjects can access them any time. Online access to background study notifications and documents has more information.
The Department of Human Services (DHS) originally sent out this information on July 7, 2023. It is being re-sent because these legislative changes will go into effect April 1, 2024.
To bring DHS into compliance with federal regulations related to data sharing and meet the minimum necessary rule of data sharing, DHS is making the following changes:
Beginning April 1, 2024, study subjects will no longer be required to share their disqualification letter with the provider if they wish to continue working while they request reconsideration.
Beginning April 1, 2024, DHS will no longer notify the provider of the reason for the disqualification, or the information used to make the decision when granting a set aside or variance.
Child care providers are no longer required to notify parents and prospective parents if a child care program employs (or has living in the home) a study subject who received a set aside or variance on their background study disqualification.
For adoption studies, DHS no longer provides information to counties and private agencies about any prior adoption-related background study conducted on a study subject.
To review more legislative changes affecting background studies, refer to the 2023 legislative changes summary on the What’s New in Background Studies webpage.
Licensed or certified providers and individuals affiliated with a licensed or certified child care provider must complete a Department of Human Services (DHS) enhanced child care study every five years. Common errors providers are making can be prevented by the following:
Do not submit new background study applications more than 90 days before the current expiration date. New studies that are submitted more than 90 days before the current expiration date may connect to the existing background study. This will not extend the original expiration date and will not meet the requirement for a new study every five years.
Pay attention to the expiration date of the study as listed on your roster. New studies that are submitted when a change occurs, such as new employment or affiliation, do not extend the expiration date and will not meet the requirement for a new study every five years.
Emergency studies
Emergency background studies are no longer valid. NETStudy 2.0 displays emergency studies with the expiration date 12/31/2022. If an individual who is still affiliated completed an emergency study but has not had a new, fully compliant fingerprint-based background study submitted, then your entity is not in compliance with state and federal background study requirements. A new study must be submitted immediately in NETStudy 2.0.
Studies submitted before Oct. 4, 2018
DHS implemented enhanced background studies for child care provider types on Oct. 4, 2018. Background studies submitted before Oct. 4, 2018, are not enhanced studies. If an individual has a study that was submitted prior to Oct. 4, 2018, then your entity is not compliant with state and federal background study requirements. A new study must be submitted immediately in NETStudy 2.0.
On March 12, 2024, the following updates went into effect for children’s residential facilities and child foster residence settings:
When Non-Title IV-E eligible facilities initially submit a study, the status in NETStudy 2.0 states ‘Not Applicable.’ This means you must not allow a person to begin working in the facility, regardless of whether the person is supervised, until DHS issues a notice that specifically allows the person to begin working.
When Title IV-E eligible facilities receive a written notice that more time is needed to complete the study, follow the instructions on the letter. The study subject is not permitted to work in the program until they receive a clearance notice or other background study determination that permits them to work.
The Department of Human Services (DHS) has moved all license records that remained in the original NETStudy system to NETStudy 2.0. This includes license records for Family Child Foster Care, Family Adult Foster Care, and Family Adult Day Services. Counties and placing agencies no longer need to contact DHS to add a license record from the original NETStudy system into NETStudy 2.0. Existing background studies remain valid.
DHS added the license records for each respective county to the Primary Contact Person's user account in NETStudy 2.0. Counties and placing agencies can now submit studies for newly affiliated individuals. Please call 651-431-6620 or email dhs.netstudy2@state.mn.us with questions.
To better support providers, the Department of Human Services (DHS) Background Studies Division will be adding staff and strengthening infrastructure over the next several years. Staffing will increase in a variety of areas, including the contact center and research teams that make determinations on background studies. This staffing increase will also allow the Background Studies Division to build a provider relations strategy that increases engagement and support for all providers required to submit background studies and expand current quality assurance review capabilities.
Background Study Fee Increase
The 2023 Legislature enacted a fee increase for DHS background study applications. Starting July 1, 2023, fees that are currently $40 or $42 will increase to $44 and fees that are $51 will increase to $53. These fee increases will help cover the actual costs of conducting background studies and criminal history searches. The legislation also grants DHS the authority to increase background studies fees to align with increases in state Bureau of Criminal Apprehension or national criminal history record check fees. These fee changes do not require legislative approval.
Limiting Data Sharing to Comply with Federal Regulations
To bring DHS into compliance with federal regulations related to data sharing and meet the minimum necessary rule of data sharing, DHS is making the following changes:
Beginning April 1, 2024, study subjects will no longer be required to share their disqualification letter with the provider if they wish to continue working while they request reconsideration.
Beginning April 1, 2024, DHS will no longer notify the provider of the reason for the disqualification or the information used to make the decision when granting a set aside or variance.
Child care providers will no longer be required to notify parents and prospective parents if a child care program employs (or has living in the home) a study subject who received a set aside or variance on their background study disqualification.
For adoption studies, DHS will no longer provide information to counties and private agencies about any prior adoption-related background study conducted on a study subject.
New Standardized Timeline for Requesting Reconsideration
Beginning July 1, 2024, all requests for reconsideration of an ineligible background study determination will need to be submitted within 30 calendar days of receipt of the Notice of Disqualification. Previously, some reconsideration requests needed to be submitted with 15 days and others within 30 days. To simplify the process, all timelines for requesting reconsideration will be the same going forward. The recommendation for a standardized timeline was made by the Human Services Background Study Eligibility Task Force.
New Disqualifications for Certain Drug-related Offenses
For background studies requested on or after August 1, 2024, a new 5-year disqualifications tier for certain drug-related crimes (particularly those related to the possession of a controlled substance) is going into effect. Previously, these offenses were subject to a 15-year disqualification. A list of offenses that will be subject to the 5-year disqualification tier can be found in Minnesota Statutes, section 245C.15, subdivision 4b. This was a recommendation from the Human Services Background Study Eligibility Task Force.
Clean Slate Act
The Clean Slate Act creates an automatic expungement process for certain non-violent offenses. DHS is carved out from the Clean Slate Act, which means that DHS could still use these expunged records. However, many offenses that are eligible for automatic expungement are not disqualifying.
Cannabis-related Offenses
Recreational marijuana (cannabis) use will soon become legal in Minnesota for people aged 21 or older. Many current cannabis-related criminal records will be eligible for automatic expungement, and many others will be eligible for reduced sentencing as a result of this law change. DHS is carved out of these automatic expungements, but the cases eligible for automatic expungement will not be disqualifying. For DHS background studies, felony offenses under Minnesota Statutes, Chapter 152 are disqualifying. The cannabis-related records that are based on provisions that are repealed or reduced below felony level will no longer be disqualifying.
Felony level cannabis-related criminal records will be evaluated by the Cannabis Expungement Board for expungement or sentence reduction. The cannabis board will then send its recommendations to the courts, who will order expungement or resentence the cases as appropriate. DHS will ultimately receive information about which cases have been expunged or resentenced, which will inform background study determinations. In the meantime, BGS will have a manual process analyzing cannabis records to determine whether or not these records are disqualifying. The board is expected to take several years to complete its evaluation of all relevant records.
Clarifying Language
The following language has been updated for clarity:
Private data
Clarifies that all data obtained by DHS for a background study is classified as private data.
Contractor, employee, and volunteer
Repeals the section 245C.02, subd. 9 definition of "contractor" and adds a definition of "employee" that is broad in scope and encompasses contractor. Also adds definition of "volunteer" similarly to that of “employee.”
Temporary personnel agencies, personnel pool agencies, and professional service agencies
Clarifies that these agencies must employ the study subjects providing direct care services to children, people with disabilities, or the elderly.
Educator and administrator
Updates language related to "educator" and "administrator" background studies in Chapter 122A to match terminology used in Chapter 245C.
MNsure alternative studies
Resolves differing language in Chapters 245C and 62V regarding MNsure alternative studies for navigators, in-person assisters, and certified application counselors.
Requirement to Access NETStudy 2.0 Documents Electronically
Starting November 1, 2024, study subjects with newly submitted studies must access background studies documents electronically in the NETStudy 2.0 applicant portal. As an exception to this requirement, study subjects may receive paper documentation upon written request made to DHS.
Electronic Reconsideration Request Process
DHS will develop a plan for study subjects to request reconsideration and submit appeals electronically. This will significantly improve the subjects’ abilities to meet deadlines and help streamline the process. This process change will also allow DHS to improve data tracking.
Informed Consent and Criminal History Disclosure
State statute now aligns with current practices by codifying into law the requirement for study subjects to complete both the Informed Consent and criminal history Self-Disclosure Forms in NETStudy 2.0.
Acceptable Identification for Study Subjects
The background study identification requirement was clarified to state that study subjects who do not have a driver's license or state identification will be able to use an alternative form of identification.
Definition of Felony and Gross Misdemeanor
The definition of felony has been updated in the criminal code. Previously, a felony sentence began at a year and one day. Now a felony sentence begins at one year (365 days). The definition of gross misdemeanor has been updated in the criminal code. Now a sentence of up to 364 days may be imposed. This change is retroactive. A sentence of one year (365 days) that was imposed or executed before July 1, 2023 is now considered a sentence of 364 days.
Carjacking Now an Official Disqualification
Carjacking was added as a specific offense to the Minnesota criminal code. The new carjacking crimes are now disqualifying for all study types, including family child foster care. Carjacking in the first and second degrees are permanent disqualifications and permanent bars to set aside for all programs. Carjacking in the third degree is a ten year bar to set aside for programs providing services in the provider’s home.
Minnesota Sex Offender Program Transitions to Fingerprint Studies
The Background Studies Division currently conducts name and date-of-birth criminal background checks on study subjects affiliated with the Minnesota Sex Offender Program (MSOP). On January 1, 2024, DHS will begin requiring MSOP study subjects to submit fingerprints which will be used to conduct Minnesota-only criminal record checks from the Bureau of Criminal Apprehension (BCA). DHS does not have the authority to request or receive criminal history records information from the FBI for MSOP study subjects. MSOP studies will include the following checks:
Records related to the maltreatment of minors and vulnerable adults;
Information from courts, DHS, and the Department of Health when there is reasonable cause;
Information from the BCA, including Minnesota criminal history records and information from the predatory offender registry.
Clarifying Language Related to Deduplication
Clarifies that entities regulated by MDH shall not initiate DHS background studies for individuals who have a valid license from a health-related licensing board and have completed a criminal background study through the board. Provides that DHS is not liable for conducting background studies for individuals for whom an entity wrongly initiated a study, or whose entity did not remove them from a roster in NETStudy 2.0 when they were required to do so. This change clarifies legislation passed in 2022 prohibiting DHS from conducting a background study for many individuals licensed by a healthcare licensing board and affiliated with an MDH-licensed facility if they completed a criminal background check as part of licensure. Entities were required to remove those individuals from their rosters in NETStudy 2.0.
Microsoft Dynamics 365 CRM
DHS will begin utilizing Microsoft Dynamics 365 CRM to manage and maintain various background study work processes that are currently performed outside of the NETStudy 2.0 system. The use of this customer relations management platform will allow DHS to integrate core functions and processes and will improve background studies data monitoring, tracking, and evaluation.
Tribal Background Study Costs
In response to concerns raised during the 2022 Tribal Summit, beginning in Fiscal Year 2024, $52,000 from the General Fund will be allocated to cover the costs of Tribal background studies for adoption and child foster care.
Emergency background studies expiration date extension
The transition period for emergency studies is extended until Jan.1, 2023. Individuals who are currently working under a valid emergency study can continue to do so until Jan.1, 2023.
Temporary waiver of direct contact supervision requirement
The temporary waiver that permits certain entities to allow a newly affiliated individual to work without direct contact supervision while their background study is being processed is effective until Jan.1, 2023.
Minnesota Sex Offender Program emergency background studies extension
The Department of Human Services (DHS) is allowed to continue emergency backgrounds studies for the Minnesota Sex Offender Program (MSOP) until federal approval is obtained for fingerprint-based studies and any system changes to NETStudy 2.0 are completed. When federal approval is obtained and necessary system changes are made, MSOP will have three months to transition existing emergency studies to fingerprint-based studies.
Deduplication of healthcare background studies:
DHS will no longer conduct a background study for most individuals affiliated with a Minnesota Department of Health licensed facility if they are licensed by a health-related licensing board and have completed a criminal background check as part of licensure. DHS will enter into a data sharing agreement with each health-related licensing board, receive daily rosters of individuals with an active license, conduct maltreatment checks for individuals on those rosters and report findings of substantiated maltreatment to the appropriate health-related licensing board. The licensing board will be responsible for determining whether to impose disciplinary or corrective action.
The first part is for compliance with FBI requirements and has the following main components:
The basis of authority for DHS to receive national and state criminal history record information for many study types changed from Public Law 92.544 to the National Child Protection Act as amended by the Volunteers for Children Act (NCPA/VCA).
Requirements for study types with different bases of authority are listed clearly in 245C.
Background study requirements that were previously listed in specific programs’ chapters of statute were added to Minnesota Statutes 245C.
Study subjects must submit a criminal and maltreatment history records check consent form for applicable national and state records checks.
The second set of changes is for Child Care and Development Block Grant (CCDBG) compliance:
Regulated child care settings must remove from employment any current staff member — regardless of role — who is disqualified under Minnesota Statutes 245C.14, even if that staff member had a cleared study in the past.
Fee increase
The fees for employment background studies have increased from $20 to $42. In the future, if the FBI increases its fees, DHS may raise study fees by that amount. If DHS raises fees in response to a FBI increase, the Legislature will consider adopting that increase into statute the following legislative session.
Transition from emergency background studies
The transition period from emergency studies is increased from 60 days to 365 days. Providers that paid for emergency background studies in NETStudy 2.0 will receive a credit. In addition, DHS is able to contract with more than one authorized fingerprint vendor and may collect fingerprinting fees in the NETStudy 2.0 system and pass them through to the fingerprinting vendor.
New business partners
DHS will conduct background studies for MNsure navigators, in-person assisters, and certified application counselors; first-time applicants for teacher licensure from the Professional Educator Licensing and Standards Board (PELSB); and first-time applicants for administrator licensure from the Board of School Administrators (BOSA).
Early intensive developmental and behavioral intervention (EIDBI) studies
DHS will conduct background studies for early intensive developmental and behavioral intervention providers for autism services.
Child foster care
Background study requirements for child foster care licensure have been changed to more closely align with what is required for adoption. Child foster care has a new disqualification structure, including permanent and five-year disqualifications. DHS is required to transmit foster care background studies information obtained under sections 245C.05 and 245C.08 to private agencies as well as counties. DHS is not prohibited from sharing national criminal history check information with county agencies. Effective July 1, 2022.
Background studies eligibility task force
A 26-member task force will be convened to review and make recommendations about background study eligibility and disqualifications. Members will represent study subjects, providers, stakeholder groups and the Legislature. The task force will issue an interim report by March 1, 2022, a final report by Dec. 16, 2022, and will be managed by the Legislative Coordinating Commission.
FBI compliance
Minnesota Statutes, 245C.05, subd. 4 no longer has a reference to sharing background study results with private agencies. This change was necessary to comply with requirements from the FBI. The Department of Human Services still has authority to electronically share foster care background study results with counties and private agencies under the Adam Walsh Act. Effective Aug. 1, 2020 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Title IV-E: Children's residential facilities and foster residence settings
A study subject affiliated with a children's residential facility or foster residence setting may not work —regardless of supervision — until receiving either a clearance notice or notice that more time is needed to complete the study. If someone is affiliated with a Title IV-E-eligible facility or setting receives a more time is needed notice, they may not work until they receive a set aside or a variance. If a person affiliated with a non-Title IV-E-eligible facility or setting receives a more time is needed notice, their notice will indicate if they may work with or without supervision until they either receive a clearance notice or a set aside or variance. DHS must order the immediate removal of an individual from any position allowing direct contact with or access to people receiving services and from working in a Title IV-E-eligible children's residential facility or foster residence setting pending completion of the background study if a prior background study on that individual resulted in an order for immediate removal. Effective Aug. 1, 2020 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Guardian and conservator background studies
Guardian and conservator studies require a national criminal history check and the study renewal period is now five years instead of two years. The fee for each study is $110. Each study subject will receive a privacy notice from the court and must acknowledge receiving it. DHS will provide the court with information from a review of state licensing agency or board affiliations provided by the study subject. DHS is required to use the NETStudy 2.0 system to conduct the background studies. Effective Jan. 1, 2021 (Minnesota Session Laws - 2020, 1st Special Session, Chapter 2)
Assisted living licensure
Assisted living facilities (those with and without dementia care) will be required to have background studies under a contract between the commissioner of health and the commissioner of human services. A controlling individual or managerial official of an assisted living facility must have a background study prior to the commissioner of health issuing a provisional license, issuing a license resulting from an ownership change or renewing a license. Employees, contractors and volunteers also will be required to have background studies. Classifies data collected as private data. Effective Aug. 1, 2021
Child care federal compliance
The law clarifies who needs a study for child care programs and details exclusions for individuals providing services that are not part of the child care program. All adults and individuals 17 and younger who are employed by a child care program (or when there is reasonable cause) must submit non-fingerprint-based data for a search of a national sex offender registry and the out-of-state criminal and sex offender registries in any state where the subject has lived in the last five years.
A study subject affiliated with a licensed child care center or a certified license-exempt child care center must be under continuous direct supervision prior to completion of the background study. The commissioner may issue a clearance notice for a study subject if 1) another state has not responded to a request for criminal, sex offender or maltreatment information after 10 days, and 2) this is the only reason that the study could not be cleared. Effective July 1, 2019
Family First Prevention Services Act
The law requires new background studies for individuals connected with licensed children's residential facilities. Individuals employed by a licensed children’s residential facility that serves children eligible to receive federal Title IV-E funding must complete the new background study by March 1, 2020. Individuals connected with a licensed children's residential facility that serves children not receiving federal Title IV-E funding must complete the new background study by March 1, 2021.
Studies related to children's residential facilities require fingerprints and photographs. The FBI does not retain the fingerprints. The fee for children's residential facilities studies may not exceed $51 per study. Effective July 1, 2019
FBI compliance
If the commissioner of human services makes a disqualification determination using information from a national criminal history record check:
The data is private.
The data cannot be shared with private agencies, employers or counties.
A prospective employer is not required to obtain a copy of a subject’s disqualification letter (which lists the crime(s) for which they are disqualified). The information from a national criminal history record check is private data and cannot be shared with county agencies, private agencies or prospective employers.
Effective Oct. 1, 2019
Head Start background studies
Head Start programs receiving chapter 119A.52 funding may contract with the commissioner to conduct background studies on individuals affiliated with the program. The law requires a national criminal history record check. Programs that do not contract with the commissioner, are not licensed, and are not registered to receive payments under chapter 119B are exempt from chapter 245C requirements. Nothing in this section supersedes background study requirements in chapters 119B or 245H or programs registered to receive Chapter 119B payments. Transferable background studies must include all components of studies for a certified license-exempt child care center under chapter 245C. Effective July 1, 2019
Professional Educator Licensing and Standards Board (PELSB) background studies
PELSB must contract with DHS to conduct background studies for first-time teaching license applicants. Effective July 1, 2019
Permanent bar set aside
The law allows for the set aside of a permanent bar for an individual employed in the nonemergency medical transportation services field if more than 40 years have passed since sentence discharge. Effective Jan. 1, 2020
Substance use disorder set aside
The commissioners of health and of human services must set aside a disqualification for an individual in the substance use disorder field who requests reconsideration and who meets the following criteria: The individual may not have been disqualified for specified crimes. The individual must have documentation of successful treatment completed at least one year prior the request for reconsideration with no disqualifying crimes during that time and have documentation of abstinence from controlled substances for at least one year. Effective Jan. 1, 2020
Tribal organization background studies
Tribal organizations may contract with the commissioner to conduct background studies on individuals affiliated with a child care program sponsored, managed or licensed by a tribal organization. The law requires a national criminal history record check on those individuals. A tribally affiliated child care program that does not contract with the commissioner is exempt from requirements of chapter 245C. Transferable background studies must include all components of studies for a certified license-exempt child care center under chapter 245C. Effective July 1, 2019
Learn about news and updates on background studies activities at the Minnesota Department of Human Services (DHS). DHS temporarily modified background studies during the COVID-19 pandemic. These modifications ended Jan. 1, 2023. Learn more about the return to fully compliant studies.