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Guardians and conservators

The Minnesota Judicial Branch (MJB), the Minnesota Bureau of Criminal Apprehension (BCA), and the Department of Human Services (DHS) all have different roles in the guardian/conservator process. The BCA conducts criminal history checks on prospective guardians/conservators, while DHS performs maltreatment and licensing agency checks on prospective guardians/conservators. The BCA and DHS provide the results of these checks to the MJB.

Criminal history checks processed by the BCA

Prospective guardians/conservators must submit requests for criminal history checks directly to the Minnesota Bureau of Criminal Apprehension (BCA). Fees for criminal history checks and fingerprinting services performed by the BCA must be paid directly to the BCA. Please direct all questions regarding criminal history checks for guardians/conservators to the BCA.

Maltreatment and licensing agency checks processed by DHS

Prospective guardians/conservators must submit requests for maltreatment and licensing agency checks to DHS. Maltreatment and licensing agency checks are valid for five years and include a review of Minnesota substantiated maltreatment records as well as a search of the required professional licensing agency databases.

To request a maltreatment and licensing agency check, the prospective guardian/conservator should review and complete DHS-8450 (Guardian-Conservator Maltreatment and Licensing Agency Checks). The maltreatment and licensing agency checks require a fee of $50.00 via personal check or money order made out to the Department of Human Services. The fee is non-refundable. One fee is required per guardian/conservator, regardless of how many wards are involved. Overpayments will not be returned. Forms submitted without payment will not be processed. If the person subject to guardianship/conservatorship has a low income and cannot afford to pay the filing fee for this form, the District Court may grant a waiver. If a fee waiver is used, District Court must send the form directly to DHS. All questions about fee waivers should be directed to your District Court.

Once complete, maltreatment and licensing agency check results will be provided to the Minnesota Judicial Branch.

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