2001 Minnesota Statutes

     245A.16 Standards for county agencies and private 
  agencies. 

    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, 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; and 

    (6) the required presence of a caregiver in the adult 
 foster care residence during normal sleeping hours. 

    (b) For family day care programs, the commissioner may 
 authorize licensing reviews every two years after a licensee has 
 had at least one annual review. 

    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 
 section 245A.04, subdivisions 3 and 4.  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 the commissioner's orders.  
 The county or private agency shall enforce the commissioner's 
 orders under sections 245A.07 and 245A.08, subdivision 5, 
 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 and 
 245A.08 according to the instructions of the commissioner, 
 unless a conflict of interest exists between the county attorney 
 and the commissioner. 

    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 the 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 up to 20 percent of 
 the county's Community Social Services Act funding or an 
 equivalent amount from state administrative aids. 

    HIST: 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