Child care background study subject.

new text begin (a) new text end "Child care background study subject" means an individual who is affiliated with a licensed child care center, certified license exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B, and new text begin who is new text end :

(1) deleted text begin who is deleted text end employed by a child care provider for compensation;

(2) deleted text begin whose activities involve deleted text end new text begin assisting in new text end the deleted text begin supervision deleted text end new text begin care new text end of a child for a child care provider; deleted text begin or deleted text end

deleted text begin (3) who is required to have a background study under section 245C.03, subdivision 1 . deleted text end

new text begin (3) a person applying for licensure, certification, or enrollment; new text end

new text begin (4) a controlling individual as defined in section 245A.02, subdivision 5a; new text end

new text begin (5) an individual 13 years of age or older who lives in the household where the licensed program will be provided and who is not receiving licensed services from the program; new text end

new text begin (6) an individual ten to 12 years of age who lives in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15; new text end

new text begin (7) an individual who, without providing direct contact services at a licensed program, certified program, or program authorized under chapter 119B, may have unsupervised access to a child receiving services from a program when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15; or new text end

new text begin (8) a volunteer, contractor, prospective employee, or other individual who has unsupervised physical access to a child served by a program and who is not under supervision by an individual listed in clause (1) or (5), regardless of whether the individual provides program services. new text end

new text begin (b) Notwithstanding paragraph (a), an individual who is providing services that are not part of the child care program is not required to have a background study if: new text end

new text begin (1) the child receiving services is signed out of the child care program for the duration that the services are provided; new text end

new text begin (2) the licensed child care center, certified license exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B has obtained advanced written permission from the parent authorizing the child to receive the services, which is maintained in the child's record; new text end

new text begin (3) the licensed child care center, certified license exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B maintains documentation on-site that identifies the individual service provider and the services being provided; and new text end

new text begin (4) the licensed child care center, certified license exempt child care center, licensed family child care program, or legal nonlicensed child care provider authorized under chapter 119B ensures that the service provider does not have unsupervised access to a child not receiving the provider's services. new text end