Minnesota Administrative Code

2960.0670 ADMISSION. Subpart 1. Admission requirements. The admission of a resident for residential mental health treatment must meet the requirements of parts 2960.0070 and 2960.0160 and the conditions of subpart 2. Subp. 2. Conditions governing admission. A license holder may a…

2960.0680 STANDARDS GOVERNING USE OF RESTRICTIVE PROCEDURES. Facilities that provide treatment for children with severe emotional disturbance that want to use restrictive procedures may use restrictive procedures according the program's statement of intended use if the license ho…

2960.0690 STAFFING PATTERN AND STAFFING RATIO. Subpart 1. Sufficient staff. The license holder must provide enough appropriately trained staff to ensure that a resident will have the treatment needs identified in the resident's individual treatment plan met during the resident's …

2960.0700 STANDARDS FOR TREATMENT IN LOCKED SETTING. Subpart 1. Limitations on admissions; treatment in locked setting. A residential mental health program offering treatment in a locked setting must address the use of a locked setting in its statement of intended use. Before acc…

2960.0710 RESTRICTIVE PROCEDURES CERTIFICATION. Subpart 1. Certification required. A license holder who wishes to use a restrictive procedure with a resident must meet the requirements of this part to be certified to use restrictive procedures with a resident. Subp. 1a. Departmen…

2960.0720 SAFETY-BASED SEPARATION. Subpart 1. Applicability. Parts 2960.0720 to 2960.0750 apply to facilities licensed by the commissioner of corrections. Subp. 2. Purpose. As prescribed under Minnesota Statutes, section 241.0215, subdivision 4, safety-based separation is appropr…

2960.0730 SAFETY-STABILIZATION PERIOD (SSP). Subpart 1. When used; definition. A. Staff must place a resident in SSP when: (1) a resident exhibits unsafe or unstable behavior; and (2) staff cannot address the behavior with less-restrictive behavioral interventions. B. A resident …

2960.0740 ADMINISTRATIVE SEPARATION. Subpart 1. When used. Administrative separation must be used by staff when a resident: A. is engaging in behavior that requires law enforcement to determine whether criminal charges or delinquency proceedings should be brought; B. is participa…

2960.0750 MEDICAL SEPARATION. Subpart 1. When used. A. Medical separation must be used by staff: (1) when a resident is exhibiting self-injurious behavior; or (2) when a resident has: (a) a severe or persistent medical issue; or (b) a communicable disease. B. Medical separation m…

2960.3000 FOSTER FAMILY SETTINGS. Subpart 1. Purpose and applicability. Parts 2960.3000 to 2960.3100 establish the minimum standards that a foster family setting must meet to qualify for licensure. Parts 2960.3200 to 2960.3230 contain requirements for foster residence settings. A…

2960.3010 DEFINITIONS. Subpart 1. Scope. The terms used in parts 2960.3000 to 2960.3340 have the meanings given them in this part. Subp. 2. Applicant. "Applicant" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 3, and a person who has completed and signe…

2960.3020 LICENSING PROCESS. Subpart 1. License required. An individual, corporation, partnership, voluntary association, other organization, or controlling individual must not provide foster care without a license from the commissioner of human services or corrections unless an …

2960.3030 CAPACITY LIMITS. Subpart 1. Maximum foster children allowed. A foster home must have no more than six foster children. The maximum number of children allowed in a home is eight, including a foster parent's own children. The license holder must maintain a ratio of one ad…

2960.3040 FOSTER HOME PHYSICAL ENVIRONMENT. Subpart 1. Fire, health, building, and zoning codes. The foster home must comply with applicable fire, health, building, and zoning codes. Subp. 2. Sleeping space. A foster child must be provided with a separate bed suitably sized for t…

2960.3050 FOSTER HOME SAFETY. Subpart 1. Inspection by licensing agency. Prior to licensure, the foster home must be inspected by a licensing agency employee using the home safety checklist from the commissioner of human services. The applicant must correct deficiencies in the fo…

2960.3060 LICENSE HOLDER QUALIFICATIONS. Subpart 1. Experience. The prospective license holder must agree to cooperate with the licensing agency and: A. have at least the equivalent of two years of full-time experience caring for or working with the issues presented by the childr…

2960.3070 FOSTER PARENT TRAINING. Subpart 1. Orientation. A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orienta…

2960.3080 PLACEMENT, CONTINUED STAY, AND DISCHARGE. Subpart 1. Placement criteria. Foster care placement is governed by the statement of intended use developed by the licensing agency and the license holder. The license holder may decline to accept a foster child without a stated…

2960.3090 RESPITE AND SUBSTITUTE CARE FOR FAMILY SETTINGS. Subpart 1. Notice requirements. In nonemergency situations, the license holder, parent, and placing agency must agree on respite care and substitute care arrangements within ten working days prior to the use of respite ca…

2960.3100 RECORDS. Subpart 1. Foster care license records. The license holder must cooperate with the licensing agency to ensure the agency has the following records: A. a copy of the application for licensure signed by the applicant; B. a license holder agreement form supplied b…

2960.3200 FOSTER RESIDENCE LICENSE HOLDERS. Subpart 1. Scope. Parts 2960.3200 to 2960.3230 apply to foster homes which are foster residence settings. Subp. 2. Purpose and applicability. Parts 2960.3200 to 2960.3230 apply to foster homes in which the license holder does not reside…

2960.3210 STAFF TRAINING REQUIREMENTS. Subpart 1. Orientation. The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation tra…

2960.3220 STAFFING PATTERNS AND PERSONNEL POLICIES. Subpart 1. Job descriptions. The license holder must have written job descriptions for all position classifications and post assignments that define the responsibilities, duties, and qualifications staff need to perform those du…

2960.3230 COMMUNICATIONS AND DOCUMENTATION. Subpart 1. Communication plan. The license holder must have a communication plan that ensures that all important information about a child is communicated to the license holder and staff. At a minimum, the communication plan must ensure…

2960.3300 ADDITIONAL REQUIREMENTS. A foster family setting license holder, who offers treatment foster care services, must meet the requirements of parts 2960.3300 to 2960.3340 in addition to the requirements of parts 2960.3000 to 2960.3100. Statutory Authority: L 1995 c 226 art …

2960.3310 ADMISSION, TREATMENT, AND DISCHARGE. Subpart 1. Generally. Treatment foster care serves children and youth whose special needs would place them at risk of placement in more restrictive residential settings such as hospitals, psychiatric centers, correctional facilities,…

2960.3320 TREATMENT FOSTER CARE REQUIREMENTS. Subpart 1. Treatment foster care provider qualifications. In addition to the qualifications in parts 2960.3000 to 2960.3100, treatment foster parents must: A. have previously been licensed as a foster parent for at least two years or …

2960.3330 TREATMENT FOSTER CARE TRAINING. Subpart 1. Initial training required. Each treatment foster parent must complete the training requirements in items A and B. A. The treatment foster care social worker, in partnership with the treatment foster parents, shall write a profe…

2960.3340 TREATMENT FOSTER HOME CAPACITY. Subpart 1. Treatment foster home capacity. The total number of treatment foster care children placed in one home shall not exceed two unless a variance is granted under subpart 3 for special circumstances. At no time shall a foster home e…

3000.0100 PURPOSE AND SCOPE. The procedures contained in parts 3000.0100 to 3000.0600 govern the promulgation of the sentencing guidelines, including any modifications of severity levels and criminal history scores. Statutory Authority: MS s 244.09 History: 10 SR 1267 Published E…

3000.0200 NOTICE OF HEARING. The Sentencing Guidelines Commission shall maintain a list of all persons who have registered with the commission for the purpose of receiving notice on proposed amendments to the sentencing guidelines. The commission may inquire as to whether those p…

3000.0300 CONDUCT OF HEARINGS. Subpart 1. Proposed amendment proceedings. A hearing on proposed amendments to the sentencing guidelines, including any modifications of severity levels and criminal history scores, must proceed substantially in the manner specified in this part. Su…

3000.0400 RECEIPT OF WRITTEN MATERIALS. The Sentencing Guidelines Commission shall allow written materials to be submitted and recorded in the hearing record for a period of five calendar days after the public hearing under part 3000.0500 ends, or for a longer period if the commi…

3000.0500 HEARING RECORD. The record must be closed upon the last date for receipt of written materials under part 3000.0400. The record includes: A. the notice of hearing as mailed; B. a copy of the State Register containing the notice of hearing; C. the names of persons who tes…

3000.0600 AMENDMENT ADOPTION. Subpart 1. Adoption. After holding the hearing required under part 3000.0300 and expiration of the written comment period under part 3000.0400, the Sentencing Guidelines Commission may, by a majority vote of a quorum of the commission present, adopt …

3050.0100 DEFINITIONS. Subpart 1. Scope. The terms used in this chapter have the meanings given them in this part. Subp. 1a. Adult. "Adult" means a person who is 21 years of age or older. Subp. 2. Board. "Board" means the Crime Victims Reparations Board. Subp. 3. Party. "Party" m…

3050.0200 PURPOSE. This chapter is intended to assure that no person before this board shall have his or her rights, privileges, or duties determined without regard to fundamental fairness. Statutory Authority: MS s 611A.56 History: 13 SR 661; 23 SR 519 Published Electronically: …

3050.0300 LEGAL REPRESENTATION. Any claimant, or any party in a contested case, may be represented by counsel throughout any proceedings before the board. Statutory Authority: MS s 611A.56 History: 23 SR 519 Published Electronically: January 2, 2007

3050.0400 COMMENCEMENT OF CLAIM. A claim shall be deemed to have been commenced upon receipt by the board of a claim form completed and signed by a claimant or the claimant's representative. Statutory Authority: MS s 611A.56 History: 13 SR 661; 23 SR 519 Published Electronically:…

3050.0600 SCOPE OF DISCOVERY. Subpart 1. Information obtainable. Pursuant to the investigation of a claim, the board may obtain from the claimant and other persons all information reasonably related to the validity of the claim, including but not limited to information relating t…

3050.0700 COOPERATION WITH BOARD, ASSIGNMENT, SUBROGATION. Failure by a claimant or claimant's representative or claimant's service provider to complete forms or submit requested reports or records, or otherwise to cooperate with the board's investigation, may constitute a ground…

3050.0750 BOARD DETERMINATION OF FULL COOPERATION. Subpart 1. Board finding of full cooperation. The board, in determining whether a victim or claimant has fully cooperated with law enforcement and prosecutorial authorities, shall consider items A and B as necessary for an affirm…

3050.1900 DISQUALIFICATION BY PREJUDICE. A hearing officer or any board member shall withdraw from participation in a contested case at any time prior to the final determination if he or she deems himself or herself disqualified for any reason. Upon the filing in good faith of a …

3050.2600 CRIMINAL PROSECUTION. Nothing contained in this chapter is intended to preempt or repeal the board's power to suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is im…

3050.2700 TREATMENT PLANS. Subpart 1. Applicability. The board, when necessary to evaluate the reasonableness of treatment provided claimants under parts 3050.2700, subpart 5, and 3050.2800, may require suppliers of mental health, physical therapy, chiropractic, medical, and home…

3050.2800 BOARD DETERMINATION OF REASONABLENESS. Subpart 1. Board consideration. The board, in determining reasonableness, shall consider any and all of the following relative to a specific claim, or to a claim for compensation for a specific service: A. quantity of service propo…

3050.2900 CONTRIBUTORY MISCONDUCT. The board shall deny or reduce, by a minimum of 25 percent, any claim submitted by or on behalf of a person who the board finds has engaged in any of the following acts or behavior that contributed to the injury for which the claim is filed: A. …