HF 3711

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:42pm

A bill for an act
relating to human services; modifying home and community-based services
standards for out-of-home respite services for children; amending Minnesota
Statutes 2022, section 245C.03, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 245D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 245C.03, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Out-of-home respite services for children in home and community-based
services licensed programs. new text end

new text begin The commissioner shall conduct background studies initiated
by home and community-based services license holders on volunteers living in a household
providing out-of-home respite services for children under section 245D.13. For purposes
of this subdivision, volunteers include household members 13 years of age or older. For
purposes of the background study, the license holder must maintain documentation that all
household members 13 years of age or older living in a home are volunteers for the program.
new text end

Sec. 2.

new text begin [245D.13] OUT-OF-HOME RESPITE SERVICES FOR CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Licensed setting required. new text end

new text begin A license holder with a home and
community-based services license must provide out-of-home respite services for children
in a licensed setting, unless exempt under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Exemption from licensed setting requirement. new text end

new text begin (a) A license holder with a
home and community-based services license may provide out-of-home respite services for
children in an unlicensed setting if:
new text end

new text begin (1) all background studies are completed according to the requirements in section
245C.03, subdivision 16;
new text end

new text begin (2) a child's case manager conducts and documents an assessment of the setting and its
environment before services are provided and at least once each calendar year thereafter.
The assessment must ensure that the setting is suitable for the child receiving respite services.
The assessment must be conducted on the form and in the manner prescribed by the
commissioner;
new text end

new text begin (3) the child's legal representative visits the residence and signs and dates a statement
authorizing services for the residence before services are provided and at least once each
calendar year thereafter if services continue to be provided at that residence;
new text end

new text begin (4) the services are provided in a residential setting that is not licensed to provide any
other licensed services;
new text end

new text begin (5) the services are provided to no more than four children at any one time. Each child
must have their own bedroom, with the exception of two siblings who may share a bedroom;
new text end

new text begin (6) services are not provided to children and adults over the age of 21 in the same
residence at the same time;
new text end

new text begin (7) services are not provided to a single family for more than 46 calendar days in a
calendar year and no more than ten consecutive days unless an exception is approved by
the commissioner. A child's legal representative may submit a request for an exception to
the allowable number of days of out-of-home respite in an unlicensed setting in a calendar
year to the commissioner. The exception request must include:
new text end

new text begin (i) the reason for the exception;
new text end

new text begin (ii) the number of additional days being requested; and
new text end

new text begin (iii) approval of the child's case manager; and
new text end

new text begin (8) the license holder is in substantial and consistent compliance during the previous 24
months, which means the license holder's license was not made conditional, suspended, or
revoked.
new text end

new text begin (b) The license holder must maintain documentation of the following:
new text end

new text begin (1) background studies completed under section 245C.03, subdivision 16;
new text end

new text begin (2) service recipient records indicating the calendar dates and times when services were
provided;
new text end

new text begin (3) the case manager's assessment for the initial setting assessment and each assessment
completed thereafter; and
new text end

new text begin (4) the legal representative's approval of the setting before services are provided and
each year thereafter.
new text end

new text begin (c) This subdivision does not apply to children placed in a licensed foster care setting
as required in Minnesota Rules, part 9560.0529.
new text end

new text begin (d) A child may not receive out-of-home respite services in more than two unlicensed
residential settings in a calendar year.
new text end

new text begin (e) The license holder must ensure the requirements in this subdivision are met.
new text end