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9543.0020 DEFINITIONS.

Subpart 1.

Scope.

As used in parts 9543.0010 to 9543.0150, the following terms have the meanings given them.

Subp. 2.

Abuse.

"Abuse" has the meaning given it in Minnesota Statutes, section 626.557, subdivision 2, paragraph (d).

Subp. 3.

Agency.

"Agency" means a county agency as defined in subpart 9 or a private agency as defined in subpart 17.

Subp. 4.

Applicant.

"Applicant" means an applicant as defined in Minnesota Statutes, section 245A.02, subdivision 3, who has completed and signed a license application form. Applicant includes a current license holder who is seeking relicensure.

Subp. 5.

Authorized.

"Authorized" means that a private agency is in compliance with parts 9543.0040 to 9543.0070, 9543.0090 to 9543.0110, and 9543.0130 and has been licensed by the commissioner to perform the child foster care program licensing functions under part 9543.0030, subpart 2.

Subp. 6.

Certification.

"Certification" means the commissioner's written notice to a county agency performing licensing functions delegated under part 9543.0030, subpart 1, that the county agency is in compliance with the requirements in parts 9543.0040 to 9543.0130.

Subp. 7.

Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Human Services or the commissioner's designated representative.

Subp. 8.

Complaint.

"Complaint" means a report of an alleged license violation made to the agency about a program.

Subp. 9.

County agency.

"County agency" has the meaning given it in Minnesota Statutes, section 245A.02, subdivision 6.

Subp. 10.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 10a.

Family adult day services.

"Family adult day services" means the services defined in Minnesota Statutes, section 245A.143, subdivision 1.

Subp. 11.

Imminent danger.

"Imminent danger" means a child or vulnerable adult is threatened with immediate and present abuse or neglect that is life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.

Subp. 12.

License.

"License" has the meaning given it in Minnesota Statutes, section 245A.02, subdivision 8.

Subp. 13.

License holder.

"License holder" has the meaning given it in Minnesota Statutes, section 245A.02, subdivision 9.

Subp. 14.

Maltreatment.

"Maltreatment" has the meaning given it in Minnesota Statutes, section 260E.03, subdivision 12.

Subp. 15.

Negative licensing action.

"Negative licensing action" means denial of a license application, issuance of a fine, or suspension, revocation, or temporary immediate suspension of an existing license.

Subp. 16.

Neglect.

"Neglect" has the meaning given it in Minnesota Statutes, sections 260E.03, subdivision 15, and 626.557, subdivision 2, paragraph (e).

Subp. 17.

Private agency.

"Private agency" has the meaning given it in Minnesota Statutes, section 245A.02, subdivision 12.

Subp. 18.

Program.

"Program" means family day care, child foster care, adult foster care or family adult day services programs.

Subp. 19.

Prospective applicant.

"Prospective applicant" means a person who expresses interest to an agency in applying for a license to provide a program but who has not submitted a signed application form to the agency.

Subp. 20.

Variance.

"Variance" means written permission from the commissioner for a license holder to depart for a specified time from a standard specified in rule.

Subp. 21.

Violation.

"Violation" means failure to comply with applicable laws or rules governing a program.

Statutory Authority:

MS s 14.386; 14.388; 245A.09; 245A.16

History:

15 SR 2105; 30 SR 585; L 2015 c 71 art 1 s 126

Published Electronically:

October 13, 2021

Official Publication of the State of Minnesota
Revisor of Statutes