2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; adding provisions for 1.3 licensing programs; amending Minnesota Statutes 1994, 1.4 sections 245A.04, subdivisions 3c, 4, 5, and 6; 1.5 245A.06, as amended; 245A.07, subdivision 1; 245A.08, 1.6 subdivisions 1 and 2; and 245A.16, subdivision 2; 1.7 Minnesota Statutes 1995 Supplement, sections 245A.02, 1.8 subdivision 16; 245A.04, subdivisions 3b and 7; 1.9 245A.07, subdivision 3; 245A.09, subdivision 7; and 1.10 245A.11, subdivision 2; proposing coding for new law 1.11 in Minnesota Statutes, chapter 245A; repealing 1.12 Minnesota Rules, parts 9503.0170, subpart 7; 1.13 9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; 1.14 and 9555.8500. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 1995 Supplement, section 1.17 245A.02, subdivision 16, is amended to read: 1.18 Subd. 16. [SCHOOL AGE CHILD.] "School age child" means a 1.19 child who is at least of sufficient age to have attended the 1.20 first day of kindergarten, or is eligible to enter kindergarten 1.21 within the next four months, but is younger than 13 years of 1.22 age. The definition of school age child applies only to child 1.23 care centers licensed under Minnesota Rules, parts 9503.0005 to 1.24 9503.0170. 1.25 Sec. 2. Minnesota Statutes 1995 Supplement, section 1.26 245A.04, subdivision 3b, is amended to read: 1.27 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) 1.28 Within 30 days after receiving notice of disqualification under 1.29 subdivision 3a, the individual who is the subject of the study 1.30 may request reconsideration of the notice of disqualification. 2.1 The individual must submit the request for reconsideration to 2.2 the commissioner in writing. The individual must present 2.3 information to show that: 2.4 (1) the information the commissioner relied upon is 2.5 incorrect; or 2.6 (2) the subject of the study does not pose a risk of harm 2.7 to any person served by the applicant or license holder. 2.8 (b) The commissioner may set aside the disqualification if 2.9 the commissioner finds that the information the commissioner 2.10 relied upon is incorrect or the individual does not pose a risk 2.11 of harm to any person served by the applicant or license 2.12 holder. In determining whether an individual does not pose a 2.13 risk of harm, the commissioner shall
reviewconsider the 2.14 consequences of the event or events that couldlead to 2.15 disqualification, whether there is more than one disqualifying 2.16 event, the vulnerability of the victim at the time of the event, 2.17 the time elapsed without a repeat of the same or similar event, 2.18 anddocumentation of successful completion by the individual 2.19 studied of training or rehabilitation pertinent to the event, 2.20 and any other information relevant to the reconsideration. In 2.21 reviewing a disqualification, the commissioner shall give 2.22 preeminent weight to the safety of each person to be served by 2.23 the license holder or applicant over the interests of the 2.24 license holder or applicant. 2.25 (c) Unless the information the commissioner relied on in 2.26 disqualifying an individual is incorrect, the commissioner may 2.27 not set aside the disqualification of an individual in 2.28 connection with a license to provide family day care for 2.29 children, foster care for children in the provider's own home, 2.30 or foster care or day care services for adults in the provider's 2.31 own home if: 2.32 (1) less than ten years have passed since the discharge of 2.33 the sentence imposed for the offense; and the individual has 2.34 been convicted of a violation of any offense listed in section 2.35 609.20 (manslaughter in the first degree), 609.205 (manslaughter 2.36 in the second degree), 609.21 (criminal vehicular homicide), 3.1 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 3.2 609.2231 (felony violations of assault in the first, second, 3.3 third, or fourth degree), 609.713 (terroristic threats), 609.235 3.4 (use of drugs to injure or to facilitate crime), 609.24 (simple 3.5 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 3.6 609.255 (false imprisonment), 609.561 or 609.562 (arson in the 3.7 first or second degree), 609.71 (riot), 609.582 (burglary in the 3.8 first or second degree), 609.66 (reckless use of a gun or 3.9 dangerous weapon or intentionally pointing a gun at or towards a 3.10 human being), 609.665 (setting a spring gun), 609.67 (unlawfully 3.11 owning, possessing, or operating a machine gun), 609.749 3.12 (stalking), 152.021 or 152.022 (controlled substance crime in 3.13 the first or second degree), 152.023, subdivision 1, clause (3) 3.14 or (4), or subdivision 2, clause (4) (controlled substance crime 3.15 in the third degree), 152.024, subdivision 1, clause (2), (3), 3.16 or (4) (controlled substance crime in the fourth degree), 3.17 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a 3.18 caregiver against a vulnerable adult), 609.228 (great bodily 3.19 harm caused by distribution of drugs), 609.23 (mistreatment of 3.20 persons confined), 609.231 (mistreatment of residents or 3.21 patients), 609.2325 (criminal abuse of a vulnerable adult), 3.22 609.233 (criminal neglect of a vulnerable adult), 609.2335 3.23 (financial exploitation of a vulnerable adult), 609.234 (failure 3.24 to report), 609.265 (abduction), 609.2664 to 609.2665 3.25 (manslaughter of an unborn child in the first or second degree), 3.26 609.267 to 609.2672 (assault of an unborn child in the first, 3.27 second, or third degree), 609.268 (injury or death of an unborn 3.28 child in the commission of a crime), 617.293 (disseminating or 3.29 displaying harmful material to minors), 609.378 (neglect or 3.30 endangerment of a child), 609.377 (a gross misdemeanor offense 3.31 of malicious punishment of a child), 609.72, subdivision 3 3.32 (disorderly conduct against a vulnerable adult); or an attempt 3.33 or conspiracy to commit any of these offenses, as each of these 3.34 offenses is defined in Minnesota Statutes; or an offense in any 3.35 other state, the elements of which are substantially similar to 3.36 the elements of any of the foregoing offenses; 4.1 (2) regardless of how much time has passed since the 4.2 discharge of the sentence imposed for the offense, the 4.3 individual was convicted of a violation of any offense listed in 4.4 sections 609.185 to 609.195 (murder in the first, second, or 4.5 third degree), 609.2661 to 609.2663 (murder of an unborn child 4.6 in the first, second, or third degree), 609.377 (a felony 4.7 offense of malicious punishment of a child), 609.322 4.8 (soliciting, inducement, or promotion of prostitution), 609.323 4.9 (receiving profit derived from prostitution), 609.342 to 609.345 4.10 (criminal sexual conduct in the first, second, third, or fourth 4.11 degree), 609.352 (solicitation of children to engage in sexual 4.12 conduct), 617.246 (use of minors in a sexual performance), 4.13 617.247 (possession of pictorial representations of a minor), 4.14 609.365 (incest), or an attempt or conspiracy to commit any of 4.15 these offenses as defined in Minnesota Statutes, or an offense 4.16 in any other state, the elements of which are substantially 4.17 similar to any of the foregoing offenses; 4.18 (3) within the seven years preceding the study, the 4.19 individual committed an act that constitutes maltreatment of a 4.20 child under section 626.556, subdivision 10e, and that resulted 4.21 in substantial bodily harm as defined in section 609.02, 4.22 subdivision 7a, or substantial mental or emotional harm as 4.23 supported by competent psychological or psychiatric evidence; or 4.24 (4) within the seven years preceding the study, the 4.25 individual was determined under section 626.557 to be the 4.26 perpetrator of a substantiated incident of abusemaltreatment of 4.27 a vulnerable adult that resulted in substantial bodily harm as 4.28 defined in section 609.02, subdivision 7a, or substantial mental 4.29 or emotional harm as supported by competent psychological or 4.30 psychiatric evidence. 4.31 In the case of any ground for disqualification under 4.32 clauses (1) to (4), if the act was committed by an individual 4.33 other than the applicant or license holder residing in the 4.34 applicant's or license holder's home, the applicant or license 4.35 holder may seek reconsideration when the individual who 4.36 committed the act no longer resides in the home. 5.1 The disqualification periods provided under clauses (1), 5.2 (3), and (4) are the minimum applicable disqualification 5.3 periods. The commissioner may determine that an individual 5.4 should continue to be disqualified from licensure because the 5.5 license holder or applicant poses a risk of harm to a person 5.6 served by that individual after the minimum disqualification 5.7 period has passed. 5.8 (d) The commissioner shall respond in writing to all 5.9 reconsideration requests within 15 working days after receiving 5.10 the request for reconsideration. If the disqualification is set 5.11 aside, the commissioner shall notify the applicant or license 5.12 holder in writing of the decision. 5.13 (e) Except as provided in subdivision 3c, the 5.14 commissioner's decision to disqualify an individual, including 5.15 the decision to grant or deny a reconsideration of 5.16 disqualification under this subdivision, or to set aside or 5.17 uphold the results of the study under subdivision 3, is the 5.18 final administrative agency action and shall not be subject to 5.19 further review in a contested case under chapter 14 involving a 5.20 negative licensing action taken in response to the 5.21 disqualification. 5.22 Sec. 3. Minnesota Statutes 1994, section 245A.04, 5.23 subdivision 3c, is amended to read: 5.24 Subd. 3c. [CONTESTED CASE.] If a disqualification is not 5.25 set aside, a person who , on or after the effective date of rules5.26 adopted under subdivision 3, paragraph (i),is an employee of an 5.27 employer, as defined in section 179A.03, subdivision 15, may 5.28 request a contested case hearing under chapter 14. Rules 5.29 adopted under this chapter may not preclude an employee in a 5.30 contested case hearing for disqualification from submitting 5.31 evidence concerning information gathered under subdivision 3, 5.32 paragraph (e). 5.33 Sec. 4. Minnesota Statutes 1994, section 245A.04, 5.34 subdivision 4, is amended to read: 5.35 Subd. 4. [INSPECTIONS; WAIVER.] (a) Before issuing a 5.36 license, the commissioner shall conduct an inspection of the 6.1 program. The inspection must include but is not limited to: 6.2 (1) an inspection of the physical plant; 6.3 (2) an inspection of records and documents; 6.4 (3) an evaluation of the program by consumers of the 6.5 program; and 6.6 (4) observation of the program in operation. 6.7 For the purposes of this subdivision, "consumer" means a 6.8 person who receives the services of a licensed program, the 6.9 person's legal guardian, or the parent or individual having 6.10 legal custody of a child who receives the services of a licensed 6.11 program. 6.12 (b) The evaluation required in paragraph (a), clause (3) or 6.13 the observation in paragraph (a), clause (4) is not required 6.14 prior to issuing a provisionalan initial license under 6.15 subdivision 7. If the commissioner issues a provisionalan 6.16 initial license under subdivision 7, these requirements must be 6.17 completed within one year after the issuance of a provisionalan 6.18 initial license. The observation in paragraph (a), clause (4)6.19 is not required if the commissioner determines that the6.20 observation would hinder the persons receiving services in6.21 benefiting from the program.6.22 Sec. 5. Minnesota Statutes 1994, section 245A.04, 6.23 subdivision 5, is amended to read: 6.24 Subd. 5. [COMMISSIONER'S RIGHT OF ACCESS.] When the 6.25 commissioner is exercising the powers conferred by sections 6.26 245A.01 to 245A.15245A.16, the commissioner must be given 6.27 access to the physical plant and grounds where the program is 6.28 provided, documents, persons served by the program, and staff 6.29 whenever the program is in operation and the information is 6.30 relevant to inspections or investigations conducted by the 6.31 commissioner. The commissioner must be given access without 6.32 prior notice and as often as the commissioner considers 6.33 necessary if the commissioner is conducting an investigation of 6.34 allegations of abuse, neglect,maltreatment ,or other violation 6.35 of applicable laws or rules. In conducting inspections, the 6.36 commissioner may request and shall receive assistance from other 7.1 state, county, and municipal governmental agencies and 7.2 departments. The applicant or license holder shall allow the 7.3 commissioner to photocopy, photograph, and make audio and video 7.4 tape recordings during the inspection of the program at the 7.5 commissioner's expense. The commissioner shall obtain a court 7.6 order or the consent of the subject of the records or the 7.7 parents or legal guardian of the subject before photocopying 7.8 hospital medical records. 7.9 Persons served by the program have the right to refuse to 7.10 consent to be interviewed, photographed, or audio or videotaped. 7.11 Failure or refusal of an applicant or license holder to fully 7.12 comply with this subdivision is reasonable cause for the 7.13 commissioner to deny the application or immediately suspend or 7.14 revoke the license. 7.15 Sec. 6. Minnesota Statutes 1994, section 245A.04, 7.16 subdivision 6, is amended to read: 7.17 Subd. 6. [COMMISSIONER'S EVALUATION.] Before granting, 7.18 suspending, revoking, or making probationaryprovisional a 7.19 license, the commissioner shall evaluate information gathered 7.20 under this section. The commissioner's evaluation shall 7.21 consider facts, conditions, or circumstances concerning the 7.22 program's operation, the well-being of persons served by the 7.23 program, available consumer evaluations of the program, and 7.24 information about the qualifications of the personnel employed 7.25 by the applicant or license holder. 7.26 The commissioner shall evaluate the results of the study 7.27 required in subdivision 3 and determine whether a risk of harm 7.28 to the persons served by the program exists. In conducting this 7.29 evaluation, the commissioner shall apply the disqualification 7.30 standards set forth in rules adopted under this chapter. Prior7.31 to the adoption of rules establishing disqualification7.32 standards, the commissioner shall forward the proposed rules to7.33 the commissioner of human rights for review and recommendation7.34 concerning the protection of individual rights. The7.35 recommendation of the commissioner of human rights is not7.36 binding on the commissioner of human services.8.1 Sec. 7. Minnesota Statutes 1995 Supplement, section 8.2 245A.04, subdivision 7, is amended to read: 8.3 Subd. 7. [ISSUANCE OF A LICENSE ; PROVISIONAL LICENSE.] (a) 8.4 If the commissioner determines that the program complies with 8.5 all applicable rules and laws, the commissioner shall issue a 8.6 license. At minimum, the license shall state: 8.7 (1) the name of the license holder; 8.8 (2) the address of the program; 8.9 (3) the effective date and expiration date of the license; 8.10 (4) the type of license; 8.11 (5) the maximum number and ages of persons that may receive 8.12 services from the program; and 8.13 (6) any special conditions of licensure. 8.14 (b) The commissioner may issue a provisionalan initial 8.15 license for a period not to exceed one yeartwo years if: 8.16 (1) the commissioner is unable to conduct the evaluation or 8.17 observation required by subdivision 4, paragraph (a), clauses (3) 8.18 and (4), because the program is not yet operational; 8.19 (2) certain records and documents are not available because 8.20 persons are not yet receiving services from the program; and 8.21 (3) the applicant complies with applicable laws and rules 8.22 in all other respects. 8.23 A provisional license must not be issued except at the time that8.24 a license is first issued to an applicant.8.25 (c) A decision by the commissioner to issue a license does 8.26 not guarantee that any person or persons will be placed or cared 8.27 for in the licensed program. A license shall not be 8.28 transferable to another individual, corporation, partnership, 8.29 voluntary association, other organization, or controlling 8.30 individual, or to another location. For purposes of 8.31 reimbursement for meals only, under the Child and Adult Care 8.32 Food Program, Code of Federal Regulations, title 7, subtitle B, 8.33 chapter II, subchapter A, part 226, relocation within the same 8.34 county by a family day care provider licensed under Minnesota 8.35 Rules, parts 9502.0300 to 9502.0445, shall be considered an 8.36 extension of the license for a period of no more than 30 9.1 calendar days or until the new license is issued, whichever 9.2 occurs first. Unless otherwise specified by statute, all 9.3 licenses expire at 12:01 a.m. on the day after the expiration 9.4 date stated on the license. A license holder must apply for and 9.5 be granted a new license to operate the program or the program 9.6 must not be operated after the expiration date. 9.7 Sec. 8. [245A.041] [LICENSE HOLDER REQUIREMENTS GOVERNING 9.8 MALTREATMENT OF VULNERABLE ADULTS.] 9.9 Subdivision 1. [LICENSE HOLDER INTERNAL REPORTING AND 9.10 INVESTIGATION OF MALTREATMENT.] All licensed programs serving 9.11 adults shall establish and enforce internal written reporting 9.12 and investigating policies and procedures for suspected or 9.13 alleged maltreatment. 9.14 (a) The policies and procedures must include a process for 9.15 the mandatory reporting of maltreatment of individuals receiving 9.16 services and must specify that reports may be made internally, 9.17 externally, or both. The policies and procedures shall also 9.18 contain a provision that persons other than mandated reporters 9.19 may and should report incidents of maltreatment and shall 9.20 identify the persons to whom internal reports shall be made. 9.21 The person responsible for forwarding internal reports to the 9.22 common entry point shall be clearly identified. Mandated 9.23 reporters shall be informed when a report has been forwarded and 9.24 to whom it was forwarded. 9.25 (b) The policies and procedures shall include 9.26 identification of the person responsible for the internal review 9.27 and investigation of maltreatment. If the person responsible 9.28 for the internal review and investigation is suspected of 9.29 committing the maltreatment, another person shall be designated 9.30 to conduct the review and investigation. 9.31 (c) The policies and procedures shall include a provision 9.32 requiring that records are maintained regarding the internal 9.33 review and investigation of maltreatment. These records shall 9.34 contain a summary of the findings, persons involved, persons 9.35 interviewed, persons and investigating authorities notified, 9.36 conclusions and any actions taken. The records shall be dated 10.1 and authenticated by signature and identification of the person 10.2 doing the review and investigation. 10.3 (d) The program shall provide an orientation to the 10.4 internal reporting system for persons receiving services. If 10.5 applicable, the person's legal representative must be notified 10.6 of the orientation. The program shall provide this orientation 10.7 for each new person within 24 hours of admission, or for persons 10.8 who would benefit more from a later orientation, the orientation 10.9 may take place within 72 hours. 10.10 (e) The program shall post a copy of the internal reporting 10.11 policies and procedures in a prominent location in the program 10.12 and have it available upon request to mandated reporters, 10.13 persons receiving services, and legal representatives. 10.14 Subd. 2. [ABUSE PREVENTION PLANS.] (a) All licensed 10.15 programs serving adults shall establish and enforce an ongoing 10.16 written abuse prevention plan as required under section 626.557, 10.17 subdivision 14. The assessment of the population shall include 10.18 an evaluation of the following factors: age, sex, mental 10.19 functioning, physical and emotional health or behavior of 10.20 persons, the need for specialized programs of care for persons, 10.21 the need for training of staff to meet identified individual 10.22 needs, and the knowledge a program may have regarding previous 10.23 abuse that is relevant to minimizing risk of abuse for persons. 10.24 The program shall provide an orientation to the program abuse 10.25 prevention plan for persons receiving services. If applicable, 10.26 legal representatives shall have the opportunity to be included 10.27 in the orientation. The program shall provide this orientation 10.28 to each new person within 24 hours of admission. 10.29 (b) All licensed programs serving adults shall develop and 10.30 implement an individual abuse prevention plan for each person 10.31 receiving services as required under section 626.557, 10.32 subdivision 14. The plan shall be developed for each new person 10.33 as part of the initial individual program plan required under 10.34 the applicable licensing rule. The plan must be a part of the 10.35 individual program plan, and the review and evaluation of the 10.36 individual abuse prevention plan shall be done as part of the 11.1 review of the person's individual program plan. The 11.2 interdisciplinary team shall review abuse prevention plans at 11.3 least annually, using the individual assessment and any reports 11.4 of abuse relating to the person. The plan shall be revised to 11.5 reflect the results of this review. Whenever possible, the 11.6 person shall participate in the development of the individual 11.7 abuse prevention plan. If applicable, the person's legal 11.8 representative shall be given the opportunity to participate 11.9 with or for the person in the development of the plan. 11.10 Subd. 3. [STAFF MALTREATMENT TRAINING AND ORIENTATION 11.11 REQUIREMENTS.] (a) All licensed programs serving adults shall 11.12 provide orientation for new mandated reporters within 72 hours 11.13 of employment. All staff shall be informed of the requirements 11.14 in section 626.557 and be informed of all internal policies and 11.15 procedures related to individuals receiving services. 11.16 (b) All licensed programs serving adults shall conduct 11.17 in-service training at least annually for mandated reporters to 11.18 review section 626.557 and all internal maltreatment policies 11.19 and procedures related to individuals receiving services. 11.20 Sec. 9. Minnesota Statutes 1994, section 245A.06, as 11.21 amended by Laws 1995, chapter 207, article 2, sections 11, 12, 11.22 and 13, is amended to read: 11.23 245A.06 [CORRECTION ORDER AND FINES.] 11.24 Subdivision 1. [CONTENTS OF CORRECTION ORDERS OR FINES.] 11.25 (a) If the commissioner finds that the applicant or license 11.26 holder has failed to comply with an applicable law or rule and 11.27 this failure does not imminently endanger the health, safety, or 11.28 rights of the persons served by the program, the commissioner 11.29 may issue a correction order to or impose a fine on the 11.30 applicant or license holder. The correction order or fine must 11.31 state: 11.32 (1) the conditions that constitute a violation of the law 11.33 or rule; 11.34 (2) the specific law or rule violated; and11.35 (3) the time allowed to correct each violation; and 11.36 (4) if a fine is imposed, the amount of the fine. 12.1 (b) Nothing in this section prohibits the commissioner from 12.2 proposing a sanction as specified in section 245A.07, prior to 12.3 issuing a correction order or fine. 12.4 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the 12.5 applicant or license holder believes that the contents of the 12.6 commissioner's correction order are in error, the applicant or 12.7 license holder may ask the department of human services to 12.8 reconsider the parts of the correction order that are alleged to 12.9 be in error. The request for reconsideration must be in writing 12.10 and received by the commissioner within 20 calendar days after 12.11 receipt of the correction order by the applicant or license 12.12 holder, and: 12.13 (1) specify the parts of the correction order that are 12.14 alleged to be in error; 12.15 (2) explain why they are in error; and 12.16 (3) include documentation to support the allegation of 12.17 error. 12.18 A request for reconsideration does not stay any provisions 12.19 or requirements of the correction order. The commissioner's 12.20 disposition of a request for reconsideration is final and not 12.21 subject to appeal under chapter 14. 12.22 Subd. 3. [FAILURE TO COMPLY.] If upon reinspection,the 12.23 commissioner finds that the applicant or license holder has not 12.24 corrected the violations specified in the correction order, the 12.25 commissioner may orderimpose a fine. If a fine was imposed and 12.26 the violation was not corrected, the commissioner may impose an 12.27 additional fine. This section does not prohibit the 12.28 commissioner from seeking a court order, denying an application, 12.29 or suspending, revoking, or making probationaryprovisional the 12.30 license in addition to ordering a fine. 12.31 Subd. 4. [NOTICE OF FINE; APPEALRECONSIDERATION OF FINE.] 12.32 A license holder who is ordered to pay a fine must be notified 12.33 of the order by certified mail. The notice must be mailed to 12.34 the address shown on the application or the last known address 12.35 of the license holder. The notice must state the reasons the 12.36 fine was ordered and must inform the license holder of the 13.1 responsibility for payment of fines in subdivision 7 and the 13.2 right to a contested case hearing under chapter 14request 13.3 reconsideration of the fine. The license holder may appeal13.4 request reconsideration of the order to forfeit a fine by 13.5 notifying the commissioner by certified mail within 1520 13.6 calendar days after receiving the order. A timely appeal13.7 request for reconsideration shall stay forfeiture of the fine 13.8 until the commissioner issues a final order under section13.9 245A.08, subdivision 5decision on the request for 13.10 reconsideration. The request for reconsideration must be in 13.11 writing and: 13.12 (1) specify the parts of the violation that are alleged to 13.13 be in error; 13.14 (2) explain why they are in error; and 13.15 (3) include documentation to support the allegation of 13.16 error. 13.17 The commissioner's disposition of a request for 13.18 reconsideration is final and not subject to appeal under chapter 13.19 14. 13.20 Subd. 5. [FORFEITURE OF FINES.] The license holder shall 13.21 pay the fines assessed on or before the payment date specified 13.22 in the commissioner's order. If the license holder fails to 13.23 fully comply with the order, the commissioner shall issue a 13.24 second fine or suspend the license until the license holder 13.25 complies. If the license holder receives state funds, the 13.26 state, county, or municipal agencies or departments responsible 13.27 for administering the funds shall withhold payments and recover 13.28 any payments made while the license is suspended for failure to 13.29 pay a fine. 13.30 Subd. 5a. [ACCRUAL OF FINES.] A license holder shall 13.31 promptly notify the commissioner of human services, in writing, 13.32 when a violation specified in an order to forfeit is corrected. 13.33 A fine assessed for a violation shall stop accruing when the13.34 commissioner receives the written notice. The commissioner13.35 shall reinspect the program within three working days after13.36 receiving the notice.If upon reinspection the commissioner 14.1 determines that a violation has not been corrected as indicated 14.2 by the order to forfeit, accrual of the daily fine resumes on14.3 the date of reinspection and the amount of fines that otherwise14.4 would have accrued between the date the commissioner received14.5 the notice and date of the reinspection is added to the total14.6 assessment due from the license holderthe commissioner may 14.7 issue a second fine. The commissioner shall notify the license 14.8 holder by certified mail that accrual of thea second fine has 14.9 resumedbeen assessed. The license holder may challenge the14.10 resumption in a contested case under chapter 14 by written14.11 request within 15 days after receipt of the notice of resumption.14.12 Recovery of the resumed fine must be stayed if a controlling14.13 individual or a legal representative on behalf of the license14.14 holder makes a written request for a hearing. The request for14.15 hearing, however, may not stay accrual of the daily fine for14.16 violations that have not been corrected. The cost of14.17 reinspection conducted under this subdivision for uncorrected14.18 violations must be added to the total amount of accrued fines14.19 due from the license holderrequest reconsideration of the 14.20 second fine under the provisions of subdivision 4. 14.21 Subd. 6. [AMOUNT OF FINES.] Until the commissioner adopts14.22 one or more schedules of fines,Fines shall be assessed as 14.23 follows: 14.24 (1) the license holder shall forfeit $1,000$500 for each 14.25 occurrence of violation of law or rule prohibiting the 14.26 maltreatment of children or the abuse, neglect, or exploitation14.27 maltreatment of vulnerable adults, including but not limited to 14.28 corporal punishment, illegal or unauthorized use of physical, 14.29 mechanical, or chemical restraints, and illegal or unauthorized 14.30 use of aversive or deprivation procedures; 14.31 (2) the license holder shall forfeit $200$100 for each 14.32 occurrence of a violation of law or rule governing matters of 14.33 health, safety, or supervision, including but not limited to the 14.34 provision of adequate staff to child or adult ratios , except14.35 that the holder of a family or group family day care license14.36 shall forfeit $100 for a violation under this clause; and 15.1 (3) the license holder shall forfeit $100$50 for each 15.2 occurrence of a violation of law or rule other than those 15.3 included in clauses (1) and (2) , except that the holder of a15.4 family or group family day care license shall forfeit $50 for a15.5 violation under this clause. 15.6 For the purposes of this section, "occurrence" means each 15.7 calendar day or part of a day that aviolation continues to15.8 exist after the date set for correctionidentified in the 15.9 commissioner's correctionforfeiture order. 15.10 Subd. 7. [RESPONSIBILITY FOR PAYMENT OF FINES.] When a 15.11 fine has been assessed, the license holder may not avoid payment 15.12 by closing, selling, or otherwise transferring the licensed 15.13 program to a third party. In such an event, the license holder 15.14 will be personally liable for payment. In the case of a 15.15 corporation, each controlling individual is personally and 15.16 jointly liable for payment. 15.17 Fines for child care centers shall be assessed according to 15.18 this section. 15.19 Sec. 10. Minnesota Statutes 1994, section 245A.07, 15.20 subdivision 1, is amended to read: 15.21 Subdivision 1. [SANCTIONS AVAILABLE.] In addition to 15.22 ordering forfeiture of fines, the commissioner may propose to 15.23 suspend, revoke, or make probationaryprovisional the license or 15.24 secure an injunction against the continuing operation of the 15.25 program of a license holder who does not comply with applicable 15.26 law or rule. When applying sanctions authorized under this 15.27 section, the commissioner shall consider the nature, chronicity, 15.28 or severity of the violation of law or rule and the effect of 15.29 the violation on the health, safety, or rights of persons served 15.30 by the program. 15.31 Sec. 11. Minnesota Statutes 1995 Supplement, section 15.32 245A.07, subdivision 3, is amended to read: 15.33 Subd. 3. [SUSPENSION, REVOCATION, PROBATIONPROVISIONAL 15.34 LICENSE.] The commissioner may suspend, revoke, ormake 15.35 probationaryprovisional, or deny a license if an applicant or a 15.36 license holder fails to comply fully with applicable laws or 16.1 rules, or knowingly withholds relevant information from or gives 16.2 false or misleading information to the commissioner in 16.3 connection with an application for a license or during an 16.4 investigation. A license holder who has had a license 16.5 suspended, revoked, or made probationaryprovisional must be 16.6 given notice of the action by certified mail. The notice must 16.7 be mailed to the address shown on the application or the last 16.8 known address of the license holder. The notice must state the 16.9 reasons the license was suspended, revoked, or made probationary16.10 provisional. 16.11 (a) If the license was suspended or revoked, the notice 16.12 must inform the license holder of the right to a contested case 16.13 hearing under chapter 14. The license holder may appeal an 16.14 order suspending or revoking a license. The appeal of an order 16.15 suspending or revoking a license must be made in writing by 16.16 certified mail and must be received by the commissioner within 16.17 ten calendar days after the license holder receives notice that 16.18 the license has been suspended or revoked. 16.19 (b) If the license was made probationaryprovisional, the 16.20 notice must inform the license holder of the right to request a 16.21 reconsideration by the commissioner. The request for 16.22 reconsideration must be made in writing by certified mail and 16.23 must be received by the commissioner within ten calendar days 16.24 after the license holder receives notice that the license has 16.25 been made probationaryprovisional. The license holder may 16.26 submit with the request for reconsideration written argument or 16.27 evidence in support of the request for reconsideration. The 16.28 commissioner's disposition of a request for reconsideration is 16.29 final and is not subject to appeal under chapter 14. 16.30 Sec. 12. Minnesota Statutes 1994, section 245A.08, 16.31 subdivision 1, is amended to read: 16.32 Subdivision 1. [RECEIPT OF APPEAL; CONDUCT OF HEARING.] 16.33 Upon receiving a timely appeal or petition pursuant to 16.34 sectionssection 245A.05 toor 245A.07, the commissioner shall 16.35 issue a notice of and order for hearing to the appellant under 16.36 chapter 14. 17.1 Sec. 13. Minnesota Statutes 1994, section 245A.08, 17.2 subdivision 2, is amended to read: 17.3 Subd. 2. [CONDUCT OF HEARINGS.] At any hearing provided 17.4 for by sectionssection 245A.05 toor 245A.07, the appellant may 17.5 be represented by counsel and has the right to call, examine, 17.6 and cross-examine witnesses. The administrative law judge may 17.7 require the presence of witnesses and evidence by subpoena on 17.8 behalf of any party. 17.9 Sec. 14. Minnesota Statutes 1995 Supplement, section 17.10 245A.09, subdivision 7, is amended to read: 17.11 Subd. 7. [REGULATORY METHODS.] (a) Where appropriate and 17.12 feasible the commissioner shall identify and implement 17.13 alternative methods of regulation and enforcement to the extent 17.14 authorized in this subdivision. These methods shall include: 17.15 (1) expansion of the types and categories of licenses that 17.16 may be granted; 17.17 (2) when the standards of another state or federal 17.18 governmental agency or an independent accreditation body have 17.19 been shown to predict compliance with the rules, the 17.20 commissioner shall consider compliance with the governmental or 17.21 accreditation standards to be equivalent to partial compliance 17.22 with the rules; and 17.23 (3) use of an abbreviated inspection that employs key 17.24 standards that have been shown to predict full compliance with 17.25 the rules. 17.26 For programs and services for people with developmental17.27 disabilities, the commissioner of human services shall develop17.28 demonstration projects to use the standards of the commission on17.29 accreditation of rehabilitation facilities and the standards of17.30 the accreditation council on services to persons with17.31 disabilities during the period of July 1, 1993 to December 31,17.32 1994, and incorporate the alternative use of these standards and17.33 methods in licensing rules where appropriate. If the17.34 commissioner determines that the methods in clause (2) or (3)17.35 can be used in licensing a program, the commissioner may reduce17.36 any fee set under section 245A.10 by up to 50 percent. The18.1 commissioner shall present a plan by January 31, 1995, to accept18.2 accreditation by either the accreditation council on services to18.3 people with disabilities or the commission on the accreditation18.4 of rehabilitation services as evidence of being in compliance18.5 where applicable with state licensing.18.6 (b) The commissioner shall work with the commissioners of 18.7 health, public safety, administration, and children, families, 18.8 and learning in consolidating duplicative licensing and 18.9 certification rules and standards if the commissioner determines 18.10 that consolidation is administratively feasible, would 18.11 significantly reduce the cost of licensing, and would not reduce 18.12 the protection given to persons receiving services in licensed 18.13 programs. Where administratively feasible and appropriate, the 18.14 commissioner shall work with the commissioners of health, public 18.15 safety, administration, and children, families, and learning in 18.16 conducting joint agency inspections of programs. 18.17 (c) The commissioner shall work with the commissioners of 18.18 health, public safety, administration, and children, families, 18.19 and learning in establishing a single point of application for 18.20 applicants who are required to obtain concurrent licensure from 18.21 more than one of the commissioners listed in this clause. 18.22 (d) The commissioner may specify in rule periods of 18.23 licensure up to two years. 18.24 Sec. 15. Minnesota Statutes 1995 Supplement, section 18.25 245A.11, subdivision 2, is amended to read: 18.26 Subd. 2. [PERMITTED SINGLE-FAMILY RESIDENTIAL USE.] 18.27 Residential programs with a licensed capacity of six or fewer 18.28 persons shall be considered a permitted single-family 18.29 residential use of property for the purposes of zoning and other 18.30 land use regulations, except that a residential program whose 18.31 primary purpose is to treat juveniles who have violated criminal 18.32 statutes relating to sex offenses or have been adjudicated 18.33 delinquent on the basis of conduct in violation of criminal 18.34 statutes relating to sex offenses shall not be considered a 18.35 permitted use. This exception shall not apply to residential 18.36 programs licensed before July 1, 1995. Programs otherwise 19.1 allowed under this subdivision shall not be prohibited by 19.2 operation of restrictive covenants or similar restrictions, 19.3 regardless of when entered into, which cannot be met because of 19.4 the nature of the licensed program, including provisions which 19.5 require the home's occupants be related, and that the home must 19.6 be occupied by the owner, or similar provisions. 19.7 Sec. 16. Minnesota Statutes 1994, section 245A.16, 19.8 subdivision 2, is amended to read: 19.9 Subd. 2. [INVESTIGATIONS.] (a) The county or private 19.10 agency shall conduct timely investigations of allegations of 19.11 abuse or neglectmaltreatment of children or adults in programs 19.12 for which the county or private agency is the commissioner's 19.13 designated representative and record a disposition of each 19.14 complaint in accordance with applicable law or rule. The county 19.15 or private agency shall conduct similar investigations of 19.16 allegations of violations of rules governing licensure of the 19.17 program. 19.18 (b) If an investigation conducted under clause (a) results 19.19 in evidence that the commissioner should deny an application or 19.20 suspend, revoke, or make probationaryprovisional a license, the 19.21 county or private agency shall make that recommendation to the 19.22 commissioner within ten working days. 19.23 Sec. 17. [INSPECTION DEMONSTRATION PROJECT.] 19.24 For programs and services licensed under Minnesota Rules, 19.25 parts 9503.0005 to 9503.0170, 9520.0750 to 9520.0870, or 19.26 9525.2000 to 9525.2140, the commissioner shall develop 19.27 demonstration projects for an abbreviated inspection employing 19.28 key standards during the period of July 1, 1996, to June 30, 19.29 1998. A key standards inspection shall be implemented in such a 19.30 manner as to provide for a full or partial inspection, based on 19.31 the applicable rule, in programs that do not pass a key 19.32 standards inspection. A key standards inspection shall not be 19.33 used for the initial licensing review when there is at least one 19.34 substantiated maltreatment report or at least three 19.35 substantiated licensing complaint reports within the current 19.36 licensing period. For purposes of the demonstration projects, 20.1 the key standards inspection shall be accepted as evidence of 20.2 compliance with these rules. The commissioner shall report to 20.3 the legislature by January 31, 1999, with recommendations for 20.4 implementation of key licensing standards. 20.5 Sec. 18. [DEMONSTRATION PROJECT FOR PEOPLE WITH 20.6 DEVELOPMENTAL DISABILITIES.] 20.7 This demonstration project was initially passed in the 1993 20.8 legislative session and amended in the 1996 legislative session 20.9 to extend the life of the demonstration project from 1994 to 20.10 1997, and move the language from Minnesota Statutes, section 20.11 245A.09, subdivision 7, to an uncodified section of law. 20.12 For programs and services for people with developmental 20.13 disabilities, the commissioner of human services shall develop 20.14 demonstration projects to use the standards of the commission on 20.15 accreditation of rehabilitation facilities and the standards of 20.16 the accreditation council on services to persons with 20.17 disabilities during the period of July 1, 1993, to December 31, 20.18 1997, and incorporate the alternative use of these standards and 20.19 methods in licensing rules where appropriate. If the 20.20 commissioner determines that the methods in Minnesota Statutes, 20.21 section 245A.09, subdivision 7, clause (2) or (3), can be used 20.22 in licensing a program, the commissioner may reduce any fee set 20.23 under Minnesota Statutes, section 245A.10, by up to 50 percent. 20.24 The commissioner shall present a plan by January 31, 1998, to 20.25 accept accreditation by either the accreditation council on 20.26 services to people with disabilities or the commission on the 20.27 accreditation of rehabilitation services as evidence of being in 20.28 compliance where applicable with state licensing. 20.29 Sec. 19. [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.] 20.30 (a) The commissioner shall amend Minnesota Rules, part 20.31 9503.0035, subpart 4, with regard to in-service training of 20.32 child care center staff as follows: 20.33 A child care program licensed under Minnesota Rules, parts 20.34 9503.0005 to 9503.0170 is exempt from the following requirements 20.35 under part 9503.0035, subpart 4, governing staff in-service 20.36 training: 21.1 (1) item A, subitem (3); 21.2 (2) item C; 21.3 (3) item E; and 21.4 (4) item F. 21.5 In-service training must be completed within the license 21.6 period for which it is required. In-service completed by staff 21.7 persons as required under Minnesota Rules, part 9503.0035, 21.8 subpart 4, shall be transferable upon a staff person's change in 21.9 employment to another child care program. License holders shall 21.10 record all staff in-service training on forms prescribed by the 21.11 commissioner. 21.12 (b) The commissioner shall amend Minnesota Rules, part 21.13 9503.0005, subpart 25, so that "supervision" has the following 21.14 meaning: 21.15 (1) Except as provided in clause (2), supervision occurs 21.16 when a program staff person is within sight and hearing of a 21.17 child at all times so that the program staff person can 21.18 intervene to protect the health and safety of the child. 21.19 (2) When an infant is placed in a crib room to sleep, 21.20 supervision occurs when a staff person is within sight or 21.21 hearing of the infant. When supervision of a crib room is 21.22 provided by sight or hearing, the center must have a plan to 21.23 address the other supervision component. 21.24 (c) The commissioner shall amend Minnesota Rules, chapter 21.25 9503, to include the following: 21.26 The definition of "experience" must be amended to include 21.27 paid or unpaid employment serving children as a teacher, 21.28 assistant teacher, aide, or student intern in a licensed child 21.29 care center; a public or nonpublic school; or a program licensed 21.30 as a family day care or group family day care provider. 21.31 The commissioner shall make necessary rule changes to 21.32 resolve any conflict between the new language and existing rules. 21.33 (d) Both the commissioner's authority to make the rule 21.34 changes and the substantive language changes in paragraphs (a), 21.35 (b), and (c) are effective on August 1, 1996. The amendments 21.36 made in paragraphs (a) to (c) are not subject to the rulemaking 22.1 provisions of Minnesota Statutes, chapter 14, but the 22.2 commissioner must comply with Minnesota Statutes, section 14.38, 22.3 subdivision 7, in adopting the amendment. 22.4 Sec. 20. [REPEALER.] 22.5 Minnesota Rules, parts 9503.0170, subpart 7; 9555.8000; 22.6 9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500, are 22.7 repealed. 22.8 Sec. 21. [EFFECTIVE DATE.] 22.9 Section 18 is effective the day following final enactment.