2005 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 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. 

    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; 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