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.
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
BCA Criminal History Check
Background Checks Completed within the last 5 years
Guardians and conservators who have copies of background checks completed within the last five years and are appointed in multiple cases should file the Affidavit Regarding Background Checks form (GAC102). If DHS and BCA background checks were already filed in another court case, the guardian or conservator can submit copies of those background checks along with the Affidavit. Both the Affidavit and the copies of the background checks are required.