HF 728

as introduced - 94th Legislature (2025 - 2026) Posted on 02/13/2025 02:47pm

A bill for an act
relating to human services; modifying home and community-based services
standards for out-of-home respite care services for children; proposing coding for
new law in Minnesota Statutes, chapter 245D.

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

Section 1.

new text begin [245D.13] OUT-OF-HOME RESPITE CARE 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 providing out-of-home respite care services for children
may do so only in a licensed setting, unless exempt under subdivision 2. For the purposes
of this section, "respite care services" has the meaning given in section 245A.02, subdivision
15.
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) The exemption under this
subdivision does not apply to the provision of respite care services to a child in foster care
under chapter 260C or 260D.
new text end

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

new text begin (1) all background studies are completed according to the requirements in chapter 245C;
new text end

new text begin (2) a child's case manager conducts and documents an assessment of the residential
setting and its environment before services are provided and at least once each calendar
year thereafter if services continue to be provided at that residence. The assessment must
ensure that the setting is suitable for the child receiving respite care services. The assessment
must be conducted and documented 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 in 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 an individual bedroom, except two siblings may share a bedroom;
new text end

new text begin (6) the 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) the 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;
new text end

new text begin (8) the license holder's license was not made conditional, suspended, or revoked during
the previous 24 months; and
new text end

new text begin (9) each individual in the residence at the time services are provided, other than
individuals receiving services, is an employee, as defined under section 245C.02, of the
license holder and has had a background study completed under chapter 245C. No other
household members or other individuals may be present in the residence while services are
provided.
new text end

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

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

new text begin Subd. 3. new text end

new text begin Documentation requirements. new text end

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

new text begin (1) background studies completed under chapter 245C;
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 initial residential setting assessment and each residential assessment
completed thereafter; and
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end