DHS Background Study Disqualification in Minnesota (Chapter 245C)

What is a DHS background study?

Many jobs that involve direct contact with children or vulnerable adults require a background study through DHS before you can be hired or keep working. The study reviews criminal history, certain court determinations, and substantiated maltreatment findings. If the study turns up disqualifying crimes or conduct, DHS issues a disqualification — and the license holder generally cannot keep you in a position with direct contact (or access to the people served) unless the disqualification is set aside or a variance is granted.

This is separate from the criminal case itself. You can be acquitted, have a case dismissed, or complete a sentence years ago and still be disqualified — because the standard and the timelines are DHS’s, not the court’s.

What disqualifies a person under 245C.15?

Minn. Stat. § 245C.15 lists the disqualifying crimes and conduct, sorted into tiers by how long the disqualification lasts. The list is long and is updated regularly by the legislature, so the authoritative source is the statute and DHS — but in general terms:

• Permanent disqualification — the most serious offenses (for example, certain homicide, serious assault, criminal sexual conduct, and crimes against children) disqualify a person permanently, regardless of how much time has passed since the sentence was discharged.
• 15-year disqualification — a range of felony-level offenses disqualify for 15 years from the discharge of the sentence.
• 10-year and 7-year disqualifications — other offenses carry shorter look-back periods.
• Lower-level versions. If a listed offense was charged or sentenced at the gross-misdemeanor or misdemeanor level, a shorter look-back period may apply.

Importantly, a disqualification does not always require a conviction. DHS can disqualify based on a preponderance of the evidence that you committed a disqualifying act, on certain court determinations other than a conviction, on an admission in court or an Alford plea, or on a substantiated maltreatment finding. The look-back clock can start from the date of the incident, the discharge of the sentence, or the court order, depending on the basis.

What jobs and settings does this affect?

Background studies are required across a wide range of licensed and regulated settings, including child care centers and family child care, home and community-based services, nursing facilities and home care, group homes and residential programs, foster care (family and children’s residential), personal care assistance (PCA), and substance-use disorder treatment programs. Workers commonly affected include CNAs, PCAs, nurses, daycare and child-care workers, direct-support professionals, and human-services staff.

I got a disqualification notice — what happens now?

When DHS disqualifies you, it sends a written notice (under § 245C.17) explaining the disqualification, the reason, and your rights. Generally:

• The notice tells you whether you may remain in your position during the time you have to request reconsideration, or whether you must be removed from direct contact immediately.
• It tells you whether the disqualification is a permanent bar or one that can be set aside.
• It explains how to request reconsideration — the process for challenging the disqualification (covered on our separate page on setting aside a DHS disqualification).

The deadlines in that notice are short, so it is important to act quickly.

How this connects to your criminal case

Because a disqualification can be triggered by a conviction, an admission, an Alford plea, or even a preponderance finding, the way a criminal case is resolved can directly affect your DHS standing — sometimes more than the criminal penalty itself. For someone whose livelihood depends on a clean background study, the disqualification consequences should be part of the conversation before a plea is entered, not discovered afterward. Defending the criminal case and protecting your background-study eligibility are related problems best handled together.