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Licensed Child and Adult Foster Care: Implementation Plan for 2023 Legislative Changes
Licensed Child Care Centers Implementation Plan for 2023 Legislative Changes
Non-profit controlling individuals: The 2023 Legislature made changes to the definitions for owner and controlling individual in Minnesota Statutes, section 245A.02 to include a nonprofit corporation as a type of owner of a licensed program and therefore also a controlling individual. Programs with a nonprofit corporation included as a controlling individual will be able to change their board of directors without having to apply for a new license. This will eliminate a burdensome and redundant licensing process for nonprofit corporations that other types of organizations are not required to complete. The new language also clarifies that the definition of a controlling individual includes the president and treasurer of the board of directors of a nonprofit corporation. Effective July 1, 2023. Chapter 70, Article 17, Sections 9 and 10
Department of Children, Youth, and Families: The state of Minnesota is working on a transition to create a new Department of Children, Youth, and Families (DCYF). Several programs serving children and youth that are currently the responsibility of the Minnesota Departments of Human Services, Public Safety, and Education will be included in the transfer to the new Department. A commissioner for this new cabinet-level agency will be appointed by July 1, 2024, with the complete transfer of programs completed by July 1, 2025. There are no immediate changes. A new Implementation Office within Minnesota Management and Budget will guide the transition, in consultation with the relevant departments. Licensing will share more information as it becomes available.
Maltreatment of Minors Act (MOMA) training: In addition to the orientation training, programs must also train each mandatory reporter annually on the maltreatment of minors reporting requirements and definitions in Minnesota Statutes, Chapter 260E. Effective January 1, 2024. Chapter 70, Article 8, Section 36
Documenting first date of direct contact: License holders must document the first date that each background study subject has direct contact with a person served at the program. The program must provide this date to DHS upon request. Effective January 1, 2024. Chapter 70, Article 17, Section 13
Licensed Child and Adult Foster Care: Implementation Plan for 2023 Legislative Changes
Children's Residential Facilities: 2023 Legislative changes and program implementation
Family Child Care Licensing: Implementation plan for 2023 legislative changes
Nonprofit controlling individuals: The 2023 Legislature made changes to the definitions for owner and controlling individual in Minnesota Statutes, section 245A.02 to include a nonprofit corporation as a type of owner of a licensed program and therefore also a controlling individual. Programs with a nonprofit corporation included as a controlling individual will be able to change their board of directors without having to apply for a new license. This will eliminate a burdensome and redundant licensing process for nonprofit corporations that other types of organizations are not required to complete. The new language also clarifies that the definition of a controlling individual includes the president and treasurer of the board of directors of a nonprofit corporation. Effective July 1, 2023. Chapter 70, Article 17, Sections 9 and 10
Prone and contraindicated restraint prohibitions: A prone restraint is a physical or mechanical restraint that places a person in a face-down position. Licensed and certified programs are prohibited from using prone restraints except in the specific brief instances listed in statute. Additionally, programs must not use any type of restraint that is contraindicated for a person's known medical or psychological conditions. The program must assess and document these contraindications prior to using restraints on a person. Effective July 1, 2023. Chapter 70, Article 17, Section 19
Community Residential Settings: Alternate Overnight Supervision Technology Implementation Plan
IRTS/RCS (245I.23) Programs: 2023 Legislative changes and program implementation
Certified Mental Health Clinics (245I.20): 2023 Legislative changes and program implementation
Psychiatric Residential Treatment Facilities: 2023 Legislative changes and program implementation
Substance Use Disorder Treatment Programs: 2023 Legislative changes and program implementation
Adult foster care (AFC) and community residential setting (CRS) license capacity: This section is dependent on federal approval. New language temporarily modifies the existing fifth bed variance for AFCs and CRSs to allow for up to six beds for emergency crisis and respite services. This allowance for up to six beds expires 365 days after federal approval. This section also clarifies that AFC and CRS with a capacity up to six are not required to also be licensed as an adult residential mental health program. Chapter 98, Article 4, Section 12
Vulnerable Adults Act definitions: The vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Effective July 1, 2022. Chapter 98, Article 8, Sections 47-49
Physician Assistant: Physician assistant was added as an alternative in several areas of statute that previously required a physician or advanced practice registered nurse. This includes the family adult day services (FADS) requirements in Minnesota Statutes, 245A.143, subdivisions 2, 7, and 8. These changes are effective August 1, 2022. Chapter 58, Sections 96-98
Injury reporting: Minnesota Statutes, chapter 245H.11 outlines when a certified child care center must report an injury to a child in the program to the Department of Human Services. New language has been added to require this report to occur when a child’s injury required treatment by a physician, an advanced practice registered nurse (APRN), or a physician assistant. Previously, the statute only mentioned treatment by a physician or APRN. This change is effective August 1, 2022. Chapter 58, Section 112
Alternative sleeping position for an infant: Language was added to the safe sleep statute, Minnesota Statutes, 245A.1435, to also allow a physician assistant to direct an alternative sleeping position for an infant. Previously the statute only allowed a physician or advanced practice registered nurse to provide this direction. This change is effective August 1, 2022. Chapter 58, Section 99
Foster Youth Ombudsperson: A new Office of the Foster Youth Ombudsperson is created. A Board of the Foster Youth Ombudsperson will oversee and make recommendations to the ombudsperson. Chapter 63
Alternative sleeping position for an infant: Language was added to the safe sleep statute, Minnesota Statutes, 245A.1435, to also allow a physician assistant to direct an alternative sleeping position for an infant. Previously the statute only allowed a physician or advanced practice registered nurse to provide this direction. This change is effective August 1, 2022. Chapter 58, Section 99
Children’s Residential Facilities: 2022 Legislative changes and program implementation
Primary provider of care for Special Family Child Care. This language authorizes the primary provider of care for a special family child care program to communicate on matters related to licensing. It also adds primary provider of care to the definition of controlling individual. Chapter 98, Article 12, Sections 1 and 2
Child care regulation modernization pilot project authorization. This section gives DHS the authority to conduct and administer pilot projects to test methods and procedures for the family child care and child care center regulation modernization projects. Chapter 98, Article 12, Section 19
Physician assistant direction for alternative sleeping position. This section adds physician assistants as professionals who can direct an alternative sleeping position for an infant in a licensed program. Chapter 58, Section 99
Adult foster care (AFC) and community residential setting (CRS) license capacity – This section is dependent on federal approval. The new language temporarily modifies the existing fifth bed variance for AFCs and CRSs to allow for up to six beds for emergency crisis and respite services. This allowance for up to six beds expires 365 days after federal approval. This section also clarifies that AFCs and CRSs with a capacity up to six are not required to also be licensed as an adult residential mental health program. Chapter 98, Article 4, Section 12.
HCBS service termination – This section provides additional clarity on service terminations for 245D services. One change to note is that staff are now specifically identified as persons whose health and safety may be considered when determining if services need to be terminated. Chapter 98, Article 5, Section 1.
Remote adult day – This section establishes remote adult day as a permanent option for adult day services. This language takes effect on Jan. 1, 2023. Chapter 98, Article 7, Sections 1-7.
Vulnerable adult maltreatment definitions – Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Chapter 98, Article 8, Sections 47-49.
Changes to terminology – Effective July 1, 2022, the term “coordinated service and support plan” will change to “support plan.” The term “community support plan” will change to “assessment summary.” Chapter 98, Article 17, Section 26.
Physician assistants – Physician assistant was added as an alternative to a physician in several requirements that previously included a physician. These changes are effective Aug. 1, 2022. Chapter 58, Sections 102-104.
Uniform Service Standards (USS) corrections: Several changes were made to update, clarify, or improve the USS requirements in Minnesota Statutes, chapter 245I.
These include a clarification or change that:
Effective October 17, 2022.
Locked Programs: For programs that lock the exit doors to prohibit clients from leaving, adds licensing requirements to Minnesota Statutes, section 245I.23, to formalize existing practices and standards. Locked programs must meet applicable building and fire codes and have an appropriate health department license. Policies and procedures must include information about the court orders that authorize the program to prohibit clients from leaving. Each client must be informed of either the right to the leave the facility or that they cannot leave the facility due to a court order. Client treatment plans must reflect the restriction to the facility. Effective October 17, 2022. Chapter 99, Article 1, Section 13.
Vulnerable adult maltreatment definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Uniform Service Standards (USS) corrections: Several changes were made to update, clarify, or improve the USS requirements in Minnesota Statutes, chapter 245I.
These include a clarification or change that:
Effective October 17, 2022.
Staff to resident ratio: Lowers staff to resident ratio requirements during normal sleeping hours to allow programs to have one staff person for every six residents present within a living unit. This change also requires a provider to adjust sleeping-hour staffing levels if the clinical needs of the residents in the facility require more staff for the clients. Facilities will need to update policies and procedures to reflect this new ratio. Effective July 1, 2022. Chapter 98, Article 6, Section 8.
Vulnerable adult maltreatment law definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Vulnerable adult maltreatment law definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Substance Use Disorder Treatment: 2022 Legislative changes and program implementation
The Minnesota Legislature made changes in 2021 for family child care. Information about these changes is available in this Implementation Plan (PDF)
The 2021 Legislature changed several laws that impact the Department of Human Services (DHS) licensed substance use disorder treatment programs.
Substance Use Disorder Treatment: 2021 Legislative Changes (PDF)
Annual license fee: Withdrawal management programs must pay an annual license fee based on the licensed capacity as described below. A detoxification program that also operates a withdrawal management program at the same location will not have to pay an additional fee. Dually licensed programs will only pay one fee based on the licensed capacity of the program with the higher overall capacity. The capacity of the program determines the amount of the fee as follows:
Licensed Capacity | License Fee |
1 to 24 persons | $760 |
25 to 49 persons | $960 |
50 or more persons | $1,160 |
Family First Prevention Services Act (FFPSA) license certifications: Federal standards in the Family First Prevention Services Act (FFPSA) require residential programs for children to meet specific requirements if a county uses Title IV-E funds to pay for the child in the program. Four types of specialized setting certifications have been established in Minnesota to help ensure that programs meet the federal requirements for these types of settings. A program’s decision to add these certifications to a license will depend on whether or not a county uses Title IV-E funds for children in the facility or setting. More information about these certifications is on the license certification webpage.
Documentation of first date working in a program: License holders must document the first date a background study subject begins working in a program to demonstrate compliance with background study laws. This includes both background study subjects who have direct contact and those who do not have direct contact with persons served by the program.
Mental Health Uniform Service Standards: The licensing requirements in the Intensive Residential Treatment Services/Residential Crisis Stabilization (IRTS/RCS) variance will end and be replaced with the new updated requirements in Minnesota Statutes, chapter 245I. Although some of the new requirements will be similar to existing standards, several areas will change. DHS will send an implementation plan to providers later this year that will contain information on how the new requirements are different from the existing ones and the steps to take to meet the new requirements. Please see Minnesota Session Laws - 2021, Regular Session, Chapter 30, Article 15, Sections 1 to 14 and 16 for the requirements.
Mental Health Uniform Service Standards: The mental health clinic certification requirements in Minnesota Rules, parts 9520.0750 to 9520.0870 (Rule 29) will be repealed and replaced with the new updated requirements in Minnesota Statutes, chapter 245I. Although some of the new requirements will be similar to existing standards, several areas will change. DHS will send an implementation plan to providers later this year that will contain information on how the new requirements are different from the existing ones and the steps to take to meet the new requirements. Please see Minnesota Session Laws - 2021, Regular Session, Chapter 30, Article 15, Sections 1 to 13 and 15 for the requirements.
Changes for certified license-exempt child care center providers - effective Sept. 30, 2019
Changes for child care center providers - effective Sept. 30, 2019
CARS training: Effective September 30, 2019, a variance to the child passenger restraint systems training requirement may be granted for an emergency relative placement, so long as the individual has completed an approved child seat safety check up and repeats the checkup each time the child needs a different size car seat.
Additionally, the age for which training on the proper use and installation of child restraint systems in motor vehicles is required is reduced for transporting children under 9-years-old to children under 8-years-old.
Variances for capacity: Effective October 1, 2019, the conditions under which a county can grant a variance for exceeding capacity will change to bring Minnesota into compliance with new federal requirements. Any variances for capacity that are issued prior to October 1, 2019, will remain in effect until January 1, 2020.
Changes for family child care providers - effective Sept. 30, 2019 (unless otherwise noted)
Changes for licensors - effective Sept. 30, 2019 (unless otherwise noted)
Changes for DHS—effective Sept. 30, 2019 (unless otherwise noted)
Changes for providers effective – July 1, 2019
The 2018 law requires individuals affiliated with a DHS-licensed program to have a fingerprint-based FBI check if the individual :
This change is effective starting in August 2018. More information will be posted on the DHS website and in NETStudy 2.0. The law also clarifies several sections of statute related to privacy notices and data retention. (Minnesota Laws 2018, Chapter 166)