Licensed programs.

(a) The commissioner shall conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the program;

(3) current or prospective employees or contractors of the applicant who will have direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served by the program to provide program services if the contact is not under the continuous, direct supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02 , subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause as defined in section 245C.02 , subdivision 15;

(7) all controlling individuals as defined in section 245A.02, subdivision 5a ; deleted text begin and deleted text end

(8) new text begin notwithstanding the other requirements in this subdivision, new text end child care background study subjects as defined in section 245C.02, subdivision 6a deleted text begin . deleted text end new text begin ; and new text end

new text begin (9) notwithstanding clause (3), for children's residential facilities, any adult working in the facility, whether or not the individual will have direct contact with persons served by the facility. new text end

deleted text begin (b) Paragraph (a), clauses (2), (5), and (6), apply to legal nonlicensed child care and certified license-exempt child care programs. deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end For child foster care when the license holder resides in the home where foster care services are provided, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.