Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Access to residence.
The applicant shall give the commissioner access to the
residence to determine compliance with parts
9555.5105 and
9555.6105 to
9555.6265. Access shall include
the residence to be occupied as an adult foster home; any adjoining land or
buildings owned or operated by the applicant or operator in conjunction with
the provision of adult foster care and designated for use by a resident;
noninterference in interviewing caregivers, roomers, or household members; and
the right to view and photocopy the records and documents specified in parts
9555.6235 and
9555.6245. The commissioner shall
have access to the residence at any time during the period of licensure to
determine whether the operator is in compliance with parts
9555.5105 and
9555.6105 to
9555.6265.
Subp. 2.
Inspections.
The residence must be inspected by a fire marshal within 12
months before initial licensure to verify that the residence is a dwelling unit
within a residential occupancy as defined in section 9.117 of the Minnesota
Uniform Fire Code and that the residence complies with the fire safety
standards for that residential occupancy contained in the Minnesota Uniform
Fire Code. A home safety checklist, approved by the commissioner, must be
completed by the operator and the commissioner before licensure each year a
fire marshal inspection is not made. The residence shall be inspected according
to the licensed capacity specified on the initial application form. If the
commissioner has reasonable cause to believe that a potentially hazardous
condition may be present or the licensed capacity is increased to four
residents, the commissioner shall request a subsequent inspection and written
report by a fire marshal to verify the absence of hazard. Any condition cited
by a fire marshal, building official, or health authority as hazardous or
creating an immediate danger of fire or threat to health and safety must be
corrected before a license is issued or renewed by the department.
Subp. 3.
Study of
applicant.
A study of the applicant shall be conducted by the
commissioner under items A to D.
A.
The applicant shall provide the commissioner with a completed, signed form as
required by Minnesota Statutes, chapter 245C, for each caregiver, household
member age 13 and over, and each owner, partner, board member, and employee who
will be involved in the operation of the adult foster home. The form must
disclose the person's full name and all previous or additional names, date of
birth, the specific nature of information to be disclosed, who will receive the
information, and who will disclose it. The commissioner shall seek the
assistance of the Minnesota Bureau of Criminal Apprehension, the county
attorney, and sheriff or chief of police in the locality where the person
resides in determining the person's arrest, conviction, or criminal history
record. If the person has not resided in the state for five years, the form
shall also be sent to a national criminal history repository. In the case of a
household member who is nine years of age but under the age of 14, the
commissioner shall ascertain from the local court of jurisdiction whether the
juvenile has been adjudicated as a delinquent for any of the acts specified in
subpart
4, item D.
B. The applicant who is an individual shall
provide social history information to the commissioner about each household
member. "Social history information" means information on education;
employment; financial condition; military service; marital history; strengths
and weaknesses of household relationships; mental illness; chemical dependency;
hospitalizations; involuntary terminations of parental rights; the use of
services for developmental disabilities; felony, gross misdemeanor or
misdemeanor convictions, arrests or admissions; and substantiated reports of
maltreatment.
C. If the applicant
is an authorized representative of a partnership, corporation, or governmental
unit, the applicant shall make available and maintain the following
information:
(1) the names and addresses of
the owners and board members;
(2)
the name, address, and physical health report of the employees who are involved
in the operation of the adult foster home;
(3) an organization chart;
(4) personnel policies;
(5) the personnel records of persons in
subitem (2) and verification that they comply with the qualifications in
subpart
4;
(6) job descriptions of persons in subitem
(2); and
(7) the staffing pattern
to be used in the adult foster home.
D. The applicant shall provide the
commissioner with the names of three persons not related to the applicant who
can supply information about the applicant's ability to operate an adult foster
home.
Subp. 4.
Qualifications.
Operators, caregivers, and household members must meet the
qualifications in items A to G.
A.
Operators and caregivers must be adults.
B. [Repealed, L 2009 c 79 art 1s
21]
C. Operators, caregivers, and
household members must agree to disclose the arrest, conviction, and criminal
history information specified in subpart
3.
D. Operators, caregivers, and household
members must not have a disqualification under Minnesota Statutes, section
245C.15,
that is not set aside under Minnesota Statutes, section
245C.22,
or for which a variance has not been granted under Minnesota Statutes, section
245C.30.
E. Operators and caregivers must not have a
diagnosis of developmental disability and be receiving services under parts
9525.0004 to
9525.0036.
F. [Repealed, L 1991 c 38 s 2]
G. Caregivers and household members must not
abuse prescription drugs or use controlled substances as named in Minnesota
Statutes, chapter 152, or alcohol, to the extent that the use or abuse has or
may have a negative effect on the health, rights, or safety of
residents.
Subp. 5.
Evaluation for cause.
The commissioner may require, before licensure or at any time
during the licensed term of the adult foster home, a physical, mental health,
chemical dependency, or criminal history evaluation of the operator, caregiver,
or household member if the commissioner has reasonable cause to believe that
any of the qualifications or requirements in subpart
4, items A to G have not been
met or that the operator or any caregiver cannot care for a resident.
Evaluations must be conducted by a professional qualified by license,
certification, education, or training to perform the specific
evaluation.
Subp. 6.
Zoning.
At least 30 days before the initial license issuance date,
the commissioner shall notify the local zoning administrator in the
jurisdiction where the residence is located of the license application.
Subp. 7.
Period of
licensure; nontransfer.
A license shall be issued by the commissioner for up to two
years when the applicant complies with parts
9555.6105 to
9555.6265. A license is not
transferable to another operator or residence.
Subp. 8.
Initial license.
An applicant for initial licensure may be granted an initial
license by the commissioner for up to two years if the laws and rules cannot be
complied with immediately, and if the deviations from parts
9555.6105 to
9555.6265 do not threaten the
health, rights, or safety of a resident. All deviations must be corrected
within the time specified by the commissioner but not exceeding one year.
Failure to correct deviations within the stated time shall be cause for
revocation of a license or a fine or both.
Subp. 9.
Variance procedure.
An applicant or operator may request a variance from
compliance with parts
9555.5105 and
9555.6105 to
9555.6265. A request for a
variance must comply with and be handled according to the following
procedures:
A. An applicant or
operator must submit a written request for a variance to the commissioner. The
request must include:
(1) the sections or
parts
9555.6105 to
9555.6265 with which the applicant
or operator cannot comply;
(2) the
reasons why the applicant or operator needs to depart from the specified
sections;
(3) the period for which
the applicant or operator requests a variance;
(4) the specific equivalent alternative
measures that the applicant or operator will provide so the health, rights, and
safety of residents are ensured if the variance is granted; and
(5) if applicable, any items specified in
Minnesota Statutes, section
245A.11,
subdivision 2a or 7.
B.
An applicant or operator must submit to the commissioner written approval from
a fire marshal of the alternative measures identified to ensure the safety of
residents when a variance of part
9555.6125, subpart
2, is requested.
C. An applicant or operator must submit to
the commissioner written approval from a health authority of the alternative
measures identified to ensure the health of residents when a variance of parts
9555.6215 and
9555.6225 is requested.
Subp. 10.
Variance
standard.
A variance may be granted if:
A. the variance is submitted in accordance
with subpart
9;
B. the commissioner does not have reasonable
cause to believe the health, rights, or safety of the residents will be
threatened;
C. the variance would
not be contrary to a standard required by Minnesota Statutes; and
D. a request for variance to subpart
4, item E, has clear and
convincing evidence presented by the operator, caregiver, or household member
that no threat or harm whatsoever will result to the residents due to the
granting of the variance. The commissioner shall consider the nature of the
crime committed and amount of time which has elapsed without a repeat of the
crime.
Subp. 11.
License terms.
A license must show:
A. the licensed capacity of the adult foster
home;
B. the expiration date of the
license and address of the residence;
C. the name and address of the
operator;
D. that the operator is
licensed under parts
9555.5105 and
9555.6105 to
9555.6265; and
E. the provisional status of the license, if
applicable.
Subp. 12.
Change in license terms.
The following shall apply to changes in the terms of
licensure:
A. The license issued must
not be transferred to another operator, building, or address unless the
provisions in item B are followed first.
B. The operator must notify the commissioner
and the studies in part
9555.6125 must be completed:
(1) before the operator moves the residence
to another building or address;
(2)
when there is an addition of any adult or child who is or will be a roomer,
resident, household member, or caregiver;
(3) when the operator makes structural
changes to the residence that require a building permit from the local
jurisdiction; or
(4) before the
operator changes, sells, or transfers ownership or responsibility for the
operation of the residence.
Subp. 13.
License review.
Before the expiration of a license, the commissioner must
conduct a study of the operator and an inspection of the residence to determine
compliance with parts
9555.5105 and
9555.6105 to
9555.6265 at least once every 24
months to determine whether a new license shall be issued.
Statutory Authority: MS s
14.386;
14.388;
245A.04;
245A.09;
256B.092
