Subdivision 1. Scope.
The terms used in this chapter and chapter 245B have the meanings
given them in this section.
Subd. 2. Adult.
"Adult" means a person who is 18 years old or older and who:
(1) has a mental illness, a developmental disability, a physical disability, or a functional
(2) is chemically dependent or abuses chemicals.
Subd. 2a. Adult day care or family adult day services.
"Adult day care," "adult day
services," and "family adult day services" mean a program operating less than 24 hours per day
that provides functionally impaired adults with an individualized and coordinated set of services
including health services, social services, and nutritional services that are directed at maintaining
or improving the participants' capabilities for self-care. Adult day care, adult day services, and
family adult day services do not include programs where adults gather or congregate primarily
for purposes of socialization, education, supervision, caregiver respite, religious expression,
exercise, or nutritious meals.
Subd. 2b. Annual or annually.
"Annual" or "annually" means prior to or within the same
month of the subsequent calendar year.
Subd. 3. Applicant.
"Applicant" means an individual, corporation, partnership, voluntary
association, controlling individual, or other organization that has applied for licensure under
this chapter and the rules of the commissioner.
Subd. 3a. Certification.
"Certification" means the commissioner's written authorization for a
license holder licensed by the commissioner of human services or the commissioner of corrections
to serve children in a residential program and provide specialized services based on certification
standards in Minnesota Rules. The term "certification" and its derivatives have the same meaning
and may be substituted for the term "licensure" and its derivatives in this chapter.
Subd. 4. Child.
"Child" means a person who has not reached age 18.
Subd. 5. Commissioner.
"Commissioner" means the commissioner of human services or the
commissioner's designated representative including county agencies and private agencies.
Subd. 5a. Controlling individual.
"Controlling individual" means a public body,
governmental agency, business entity, officer, owner, or managerial official whose responsibilities
include the direction of the management or policies of a program. For purposes of this subdivision,
owner means an individual who has direct or indirect ownership interest in a corporation,
partnership, or other business association issued a license under this chapter. For purposes of this
subdivision, managerial official means those individuals who have the decision-making authority
related to the operation of the program, and the responsibility for the ongoing management of
or direction of the policies, services, or employees of the program. Controlling individual does
(1) a bank, savings bank, trust company, savings association, credit union, industrial loan
and thrift company, investment banking firm, or insurance company unless the entity operates
a program directly or through a subsidiary;
(2) an individual who is a state or federal official, or state or federal employee, or a member
or employee of the governing body of a political subdivision of the state or federal government
that operates one or more programs, unless the individual is also an officer, owner, or managerial
official of the program, receives remuneration from the program, or owns any of the beneficial
interests not excluded in this subdivision;
(3) an individual who owns less than five percent of the outstanding common shares of a
(i) whose securities are exempt under section 80A.45(6); or
(ii) whose transactions are exempt under section 80A.46(2); or
(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program or
owns any of the beneficial interests not excluded in this subdivision. This clause does not exclude
from the definition of controlling individual an organization that is exempt from taxation.
Subd. 6. County agency.
"County agency" means the agency designated by the county board
of commissioners, human service boards, local social services agencies or multicounty local
social services agencies, or departments where those have been established under the law.
Subd. 6a. Drop-in child care program.
"Drop-in child care program" means a nonresidential
program of child care in which children participate on a onetime only or occasional basis up to a
maximum of 90 hours per child, per month. A drop-in child care program must be licensed under
Minnesota Rules governing child care centers. A drop-in child care program must meet one of
the following requirements to qualify for the rule exemptions specified in section
(1) the drop-in child care program operates in a child care center which houses no child care
program except the drop-in child care program;
(2) the drop-in child care program operates in the same child care center but not during the
same hours as a regularly scheduled ongoing child care program with a stable enrollment; or
(3) the drop-in child care program operates in a child care center at the same time as a
regularly scheduled ongoing child care program with a stable enrollment but the program's
activities, except for bathroom use and outdoor play, are conducted separately from each other.
Subd. 6b. Experience.
For purposes of child care centers, "experience" includes paid or
unpaid employment serving children as a teacher, assistant teacher, aide, or a student intern in a
licensed child care center, in a public or nonpublic school, or in a program licensed as a family
day care or group family day care provider.
Subd. 6c. Foster care for adults.
"Foster care for adults" means a program operating 24
hours a day that provides functionally impaired adults with food, lodging, protection, supervision,
and household services in a residence, in addition to services according to the individual service
plans under Minnesota Rules, part 9555.5105
, subpart 18.
Subd. 7. Functional impairment.
For the purposes of adult day care, adult day services,
family adult day services, or adult foster care, "functional impairment" means:
(1) a condition that is characterized by substantial difficulty in carrying out one or more of
the essential major activities of daily living, such as caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, working; or
(2) a disorder of thought or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of life and that requires support
to maintain independence in the community.
Subd. 7a. HIV minimum standards.
"HIV minimum standards" means those items
approved by the department and contained in the HIV-1 Guidelines for chemical dependency
treatment and care programs in Minnesota including HIV education to clients, completion of HIV
training by all new and existing staff, provision for referral to individual HIV counseling and
services for all clients, and the implementation of written policies and procedures for working
with HIV-infected clients.
Subd. 7b. Interpretive guidelines.
"Interpretive guidelines" means a policy statement
that has been published pursuant to section
245A.09, subdivision 12
, and which provides
interpretation, details, or supplementary information concerning the application of laws or rules.
Interpretive guidelines are published for the information and guidance of consumers, providers of
service, county agencies, the Department of Human Services, and others concerned.
Subd. 8. License.
"License" means a certificate issued by the commissioner authorizing the
license holder to provide a specified program for a specified period of time and in accordance
with the terms of the license and the rules of the commissioner.
Subd. 9. License holder.
"License holder" means an individual, corporation, partnership,
voluntary association, or other organization that is legally responsible for the operation of the
program, has been granted a license by the commissioner under this chapter or chapter 245B and
the rules of the commissioner, and is a controlling individual.
Subd. 10. Nonresidential program.
"Nonresidential program" means care, supervision,
rehabilitation, training or habilitation of a person provided outside the person's own home
and provided for fewer than 24 hours a day, including adult day care programs; and chemical
dependency or chemical abuse programs that are located in a nursing home or hospital and
receive public funds for providing chemical abuse or chemical dependency treatment services
under chapter 254B. Nonresidential programs include home and community-based services and
semi-independent living services for persons with developmental disabilities that are provided in
or outside of a person's own home.
Subd. 10a. Parent cooperative.
"Parent cooperative" means a nonprofit group child care
program that is governed by a board that meets regularly and makes all continuing operational
decisions about the program. At least 70 percent of the board membership must be parent-users
of the program.
Subd. 11. Person.
"Person" means a child or adult as defined in subdivisions 2 and 4.
Subd. 12. Private agency.
"Private agency" means an individual, corporation, partnership,
voluntary association or other organization, other than a county agency, or a court with
jurisdiction, that places persons who cannot remain in their own homes in residential programs,
foster care, or adoptive homes.
Subd. 13. Individual who is related.
"Individual who is related" means a spouse, a parent, a
natural or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an
adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian.
Subd. 14. Residential program.
"Residential program" means a program that provides
24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or
treatment outside a person's own home, including a program in an intermediate care facility for
four or more persons with developmental disabilities; and chemical dependency or chemical abuse
programs that are located in a hospital or nursing home and receive public funds for providing
chemical abuse or chemical dependency treatment services under chapter 254B. Residential
programs include home and community-based services for persons with developmental
disabilities that are provided in or outside of a person's own home.
Subd. 15. Respite care services.
"Respite care services" means temporary services provided
to a person due to the absence or need for relief of the primary caregiver, the person's family
member, or legal representative who is the primary caregiver and principally responsible for
the care and supervision of the person. Respite care services are those that provide the level of
supervision and care that is necessary to ensure the health and safety of the person. Respite care
services do not include services that are specifically directed toward the training and habilitation
of the person.
Subd. 16. School age child.
"School age child," for programs licensed or required to be
licensed as a child care center, means a child who is at least of sufficient age to have attended
the first day of kindergarten, or is eligible to enter kindergarten within the next four months,
but is younger than 13 years of age.
Subd. 17. School age child care program.
"School age child care program" means a
program licensed or required to be licensed as a child care center, serving more than ten children
with the primary purpose of providing child care for school age children.
Subd. 18. Supervision.
For purposes of child care centers, "supervision" means when a
program staff person is within sight and hearing of a child at all times so that the program staff
can intervene to protect the health and safety of the child. When an infant is placed in a crib room
to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When
supervision of a crib room is provided by sight or hearing, the center must have a plan to address
the other supervision component.
Subd. 19. Family day care and group family day care child age classifications.
(a) For the
purposes of family day care and group family day care licensing under this chapter, the following
terms have the meanings given them in this subdivision.
(b) "Newborn" means a child between birth and six weeks old.
(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
(d) "Toddler" means a child who is at least 12 months old but less than 24 months old, except
that for purposes of specialized infant and toddler family and group family day care, "toddler"
means a child who is at least 12 months old but less than 30 months old.
(e) "Preschooler" means a child who is at least 24 months old up to the age of being eligible
to enter kindergarten within the next four months.
(f) "School age" means a child who is at least of sufficient age to have attended the first day
of kindergarten, or is eligible to enter kindergarten within the next four months, but is younger
than 11 years of age.
History: 1987 c 333 s 2; 1988 c 411 s 1; 1989 c 282 art 2 s 60-65; 1990 c 568 art 2 s 40;
1991 c 142 s 1; 1992 c 513 art 9 s 7,8; 1993 c 338 s 1,2; 1994 c 631 s 31; 1995 c 158 s 1,2; 1995
c 202 art 1 s 25; 1995 c 207 art 2 s 4; 1997 c 248 s 3-7; 1999 c 36 s 1; 2000 c 327 s 6; 1Sp2001 c
9 art 14 s 4-6; 2002 c 375 art 1 s 5,6; 2002 c 379 art 1 s 113; 2004 c 288 art 1 s 2-7; 2005 c 56 s
1; 1Sp2005 c 4 art 1 s 4; 2006 c 196 art 2 s 5
The amendment to subdivision 5a by Laws 2006, chapter 196, article 2, section 5, is
effective August 1, 2007. Laws 2006, chapter 196, article 1, section 52.