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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                              CHAPTER 4-S.F.No. 43 
                  An act relating to human services; lowering age 
                  requirements and variances for adult foster care 
                  license capacity, with certain conditions; amending 
                  Minnesota Statutes 2000, section 245A.11, subdivisions 
                  2a and 2b. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 245A.11, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An 
        adult foster care license holder may have a maximum license 
        capacity of five if all persons in care are age 60 55 or over 
        and do not have a serious and persistent mental illness or a 
        developmental disability.  
           (b) The commissioner may grant variances to paragraph (a) 
        to allow a foster care provider with a licensed capacity of five 
        persons to admit an individual under the age of 55 if the 
        variance complies with section 245A.04, subdivision 9, and 
        approval of the variance is recommended by the county in which 
        the licensed foster care provider is located. 
           (c) The commissioner may grant variances to this 
        subdivision paragraph (a) to allow the use of a fifth bed for 
        emergency crisis services for a person with serious and 
        persistent mental illness or a developmental disability, 
        regardless of age, provided if the variance complies with the 
        provisions in section 245A.04, subdivision 9, and approval of 
        the variance is recommended by the county in which the licensed 
        foster care provider is located. 
           Sec. 2.  Minnesota Statutes 2000, section 245A.11, 
        subdivision 2b, is amended to read: 
           Subd. 2b.  [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An 
        adult foster care license holder licensed under the conditions 
        in subdivision 2a may also provide family adult day care for 
        adults age 60 55 or over if no persons in the adult foster or 
        adult family day care program have a serious and persistent 
        mental illness or a developmental disability.  The maximum 
        combined capacity for adult foster care and family adult day 
        care is five adults, except that the commissioner may grant a 
        variance for a family adult day care provider to admit up to 
        seven individuals for day care services, if all of the following 
        requirements are met:  (1) the variance complies with section 
        245A.04, subdivision 9; (2) a second caregiver is present 
        whenever six or more clients are being served; and (3) the 
        variance is recommended by the county social service agency in 
        the county where the provider is located.  A separate license is 
        not required to provide family adult day care under this 
        subdivision.  Adult foster care homes providing services to five 
        adults under this section shall not be subject to licensure by 
        the commissioner of health under the provisions of chapter 144, 
        144A, 157, or any other law requiring facility licensure by the 
        commissioner of health. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor February 26, 2001 
           Signed by the governor February 28, 2001, 1:00 p.m.