Background Checks

Background Checks Legislative Change

The 2023 legislative session resulted in a law change regarding the background check application process for guardianship and conservatorship cases. Specifically:

Minn. Stat. § 245C.033 requires a guardian or conservator submit a request for maltreatment and state licensing agency data check to the Department of Human Services (DHS). Upon completion of the check, DHS is responsible for providing maltreatment data and state licensing data to the courts.
Minn. Stat. § 524.5-118 requires guardians and conservators to submit a request for a criminal history check to the Bureau of Criminal Apprehension (BCA) along with fingerprints recorded on a fingerprint card. BCA is required to provide the results of the criminal history check to the court.

What this means for guardians and conservators appointed by the court in the State of Minnesota is that consent forms must be provided to both DHS and BCA to apply for the checks to be done. The application/consent sent to DHS must be accompanied by $50 or, if there is a fee waiver ordered on the case, the consent form must be signed by court administration and submitted to DHS on the applicant’s behalf. The application/consent sent to BCA must be accompanied by a fingerprint card, along with $32 or a copy of the fee waiver order signed by the district court.

A maltreatment and state licensing check performed by DHS and a criminal history check performed by BCA are required before the court can appoint a guardian or conservator. Both background checks are then required every 5 years after the guardian or conservator’s appointment if they are to continue to serve.

DHS Maltreatment and State Licensing Check

Fill out and sign the Consent Form (DHC-8450). DHS requires the form to be typed, not handwritten.
- Open the program you will be using to view the form (Adobe Reader or Adobe Acrobat).
- Click File > Open and select the form in your downloads folder. The form will open in Adobe Reader or Adobe Acrobat, and you will be able to work/type on it and save it.
Provide personal check or money order for $50, made out to the Department of Human Services.
Mail both to:

Department of Human Services

ATTN: Guardian Maltreatment and Licensing Agency Checks
PO Box 64172
St. Paul, MN 55164-0172

Fill out and sign the Consent Form (DHC-8450). DHS requires the form be typed, not handwritten.
- Open the program you will be using to view the form (Adobe Reader or Adobe Acrobat.
- Click File > Open and select the form in your downloads folder. The form will open in Adobe Reader or Adobe Acrobat, and you will be able to work/type on it and save it.
Mail to district court or efile using eFile and Serve using the filing code "Consent for Background Check."
Court administration will confirm there is a fee waiver on the case and will submit the consent form to the Department of Human Services on behalf of the applicant.

BCA Criminal History Check