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Chapter 245A

Section 245A.16


Recent History

    Subdivision 1. Delegation of authority to agencies. (a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and chapter 245C, to recommend denial of
applicants under section 245A.05, to issue correction orders, to issue variances, and recommend a
conditional license under section 245A.06, or to recommend suspending or revoking a license or
issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner
governing those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child and adult
foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except that county agencies may issue
variances under section 245C.30 regarding disqualified individuals when the county is responsible
for conducting a consolidated reconsideration according to sections 245C.25 and 245C.27,
subdivision 2
, clauses (a) and (b), of a county maltreatment determination and a disqualification
based on serious or recurring maltreatment; and
(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours.
(b) County agencies must report:
(1) information about disqualification reconsiderations under sections 245C.25 and 245C.27,
subdivision 2
, clauses (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner; and
(2) for relative child foster care applicants and license holders, the number of relatives,
as defined in section 260C.007, subdivision 27, and household members of relatives who are
disqualified under section 245C.14; the disqualifying characteristics under section 245C.15; the
number of these individuals who requested reconsideration under section 245C.21; the number of
set-asides under section 245C.22; and variances under section 245C.30 issued. This information
shall be reported to the commissioner annually by January 15 of each year in a format prescribed
by the commissioner.
(c) For family day care programs, the commissioner may authorize licensing reviews every
two years after a licensee has had at least one annual review.
(d) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
(e) A license issued under this section may be issued for up to two years.
    Subd. 2. Investigations. (a) The county or private agency shall conduct timely investigations
of allegations of maltreatment of children or adults in programs for which the county or private
agency is the commissioner's designated representative and record a disposition of each complaint
in accordance with applicable law or rule. The county or private agency shall conduct similar
investigations of allegations of violations of rules governing licensure of the program.
(b) If an investigation conducted under clause (a) results in evidence that the commissioner
should deny an application or suspend, revoke, or make conditional a license, the county or
private agency shall make that recommendation to the commissioner within ten working days.
    Subd. 3. Recommendations to the commissioner. The county or private agency shall not
make recommendations to the commissioner regarding licensure without first conducting an
inspection, study of the applicant, and evaluation pursuant to chapter 245C. The county or private
agency must forward its recommendation to the commissioner regarding the appropriate licensing
action within 20 working days of receipt of a completed application.
    Subd. 4. Enforcement of commissioner's orders. The county or private agency shall
enforce the commissioner's orders under sections 245A.07, 245A.08, subdivision 5, and chapter
245C, according to the instructions of the commissioner. The county attorney shall assist the
county agency in the enforcement and defense of the commissioner's orders under sections
245A.07, 245A.08, and chapter 245C, according to the instructions of the commissioner, unless
a conflict of interest exists between the county attorney and the commissioner. For purposes of
this section, a conflict of interest means that the county attorney has a direct or shared financial
interest with the license holder or has a personal relationship or family relationship with a party in
the licensing action.
    Subd. 5. Instruction and technical assistance. The commissioner shall provide instruction
and technical assistance to county and private agencies that are subject to this section. County
and private agencies shall cooperate with the commissioner in carrying out this section by
ensuring that affected employees participate in instruction and technical assistance provided
by the commissioner.
    Subd. 6. Certification by commissioner. The commissioner shall ensure that rules are
uniformly enforced throughout the state by reviewing each county and private agency for
compliance with this section and other applicable laws and rules at least every four years. County
agencies that comply with this section shall be certified by the commissioner. If a county agency
fails to be certified by the commissioner, the commissioner shall certify a reduction of state
administrative aids in an amount up to 20 percent of the county's state portion of Children and
Community Services Act funding.
History: 1987 c 333 s 17; 1989 c 282 art 2 s 86; 1990 c 568 art 2 s 52,53; 1991 c 142 s 3;
1992 c 513 art 9 s 16; 1993 c 338 s 9; 1997 c 248 s 32; 1Sp2001 c 9 art 14 s 24; 2002 c 375
art 1 s 18; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33; 2004 c 288 art 1 s 28,29; 2005 c 98 art
3 s 14; 1Sp2005 c 4 art 1 s 20,21

Official Publication of the State of Minnesota
Revisor of Statutes