Minnesota Child Protection

Minnesota Child Protection Background check Act, Minn. Stat. Sect. 299C.60, et. seq.

Q1. To whom does it apply?

A1. The statute provides for but does not require background checks on paid or volunteer applicants or workers who provide care, treatment, education, training, instruction or recreation to children.

Q2. When must the background check form be submitted?

A2. The form may be submitted on applicants or on current employees or volunteers at any time. A search of Minnesota records takes seven (7) to ten (10) days to complete while a search of FBI records may take six (6) to eight (8) weeks.

Q3. What is the cost?

A3. The cost is $8.00 per background check (plus an additional $24.00 for an FBI check) and the subject may not be required, directly or indirectly, to pay the cost.

Q4. How many years back will the superintendent of the bureau of criminal apprehension search?

A4. The superintendent will search whatever records the Minnesota criminal justice informatoin system has and, if requested, whatever records the FBI has

Q5. For what crimes is the superintendent searching?

A5. The superintendent will search for convictions of child abuse crimes; murder; manslaughter; felony level assault or any assult crime committed against a minor; kidnapping; arson; criminal sexual conduct; and prostitution-related crimes.

Q6. What can the University do if notified of a conviction?

A6. The Act leaves it up to the University what to do although the Act provides no immunity for termination.

Q7. What can a subject do if notified of a conviction?

A7. the subject can obtain a copy of the background check report, any records that form the basis for the report, and may challenge the completeness or accuracy of the records.

Q8. What is the University's role?

A8. The university must submit the request for a search (signed by the subject); notify the subject of his/her rights under the Act; pay for the search; decide what to do with the report.