Minnesota Administrative Rules

9543.0080 COUNTY INVESTIGATION OF UNLICENSED PROGRAMS.

Subpart 1.

Unlicensed family day care and adult foster care.

When a county agency learns that a family day care or adult foster care program required to be licensed is operating without a license, the county shall, within five working days, notify the operator in writing that a license is required or the program must discontinue operation.

A.

If the operator discontinues the unlicensed operation, no further action is required.

B.

If an operator who is eligible for licensure fails to sign an application form within 30 calendar days after notice that a license is required or fails to cooperate in the licensing study, the county agency shall:

(1)

ask the county attorney to take legal action to halt the continued operation of the program or obtain misdemeanor prosecution of the operator; and

(2)

inform the commissioner of the unlicensed program.

C.

Nothing in items A and B prevents a county agency from immediately asking the county attorney to seek a court order against the continued operation of an unlicensed program.

Subp. 2.

Unlicensed child foster care.

The agency shall report to the county child protection unit when it learns of a child in an unlicensed foster care program that is required to be licensed.

Statutory Authority:

MS s 245A.09; 245A.16

History:

15 SR 2105

Published Electronically:

December 29, 2005