Chapter 245A — Human Services Licensing Act
Minnesota Statutes Chapter 245A — Human Services Licensing Act
142B.17
Child Care Fix-it Ticket
If a child care provider has a small rule violation that does not put children in danger, the state can issue a 'fix-it …
142B.48
Dangers of Shaking Infants and Young Children
The state must provide a video about the dangers of shaking babies and young children for child care providers to watch. …
142B.60
Information for Child Care License Holders
The state must tell licensed child care providers about changes to child care laws and rules in plain language. This …
142B.61
Child Care Program Reporting Notification
Child care programs must have written rules for reporting suspected child abuse and must give those rules to parents …
142B.62
Child Care License Holder Insurance
Child care providers must tell parents in writing whether they have liability insurance before a child starts care. If …
142B.63
Positive Support Strategies; Child Care
Child care programs that care for children with developmental disabilities must follow the child's individualized …
142B.66
Child Care Center Health and Safety Requirements
Child care centers must have plans for handling children's allergies, cleaning up bodily fluids safely, preparing for …
142B.67
Child Care Center Hiring Practices
Child care centers can let job applicants spend up to two hours watching how they interact with children, as long as the …
142B.70
Family Child Care Training Requirements
Family child care providers and their helpers must complete specific training before caring for children, including …
142B.71
Family Child Care Health and Safety Requirements
Family child care homes must have plans for handling children's allergies, cleaning up bodily fluids, preparing for …
142B.72
Family Child Care Physical Space Requirements
Family child care homes must meet specific safety requirements for escape routes, fire safety, carbon monoxide and smoke …
142B.74
Substitute Caregivers and Replacements in Family Child Care
Substitute caregivers in family child care can work up to 500 hours per year. In an emergency, an untrained adult may …
142B.75
Family Child Care Infant Sleep Supervision Requirements
Family child care providers are encouraged to check on sleeping infants in person every 30 minutes and to use audio or …
142B.76
Family Child Care Diapering Area Disinfection
Family child care providers may use chlorine bleach or an EPA-registered disinfectant to clean diaper changing surfaces, …
142B.77
Supervision of Family Child Care License Holder's Own Child
A relative or household member of a family child care provider may be present in the home and watch only the provider's …
142B.78
Regulation of Family Day Care by Local Government
Local governments have limited power to regulate family day care programs beyond what state law already requires.
142B.79
Contractors Serving Multiple Family Child Care License Holders
Contractors who work with multiple family child care providers can ask the county to keep a record of their background …
245A.001
This section has been repealed or relocated.
245A.01
Citation
This chapter is officially called the 'Human Services Licensing Act.' It covers the rules for licensing programs that …
245A.02
Definitions
This section defines all the key terms used in the Human Services Licensing Act, including what counts as an 'adult,' …
245A.023
This section has been repealed or relocated.
245A.03
Who Must Be Licensed
This section lists who must get a license from the state to provide human services, including child care, foster care, …
245A.035
This section has been renumbered. Its content has been moved to section 142B.06.
245A.04
Application Procedures
This section explains how to apply for a human services license, including what information you must provide, the …
245A.041
Systems and Records
License holders must keep their records up to date in the state's electronic systems. The commissioner can require …
245A.042
Home and Community-based Services; Additional Standards and Procedures
Home and community-based services providers must follow additional rules set by the commissioner, including standards …
245A.043
License Application After Change of Ownership
When a licensed program changes owners, the new owner must apply for a new license. The old license stays in effect for …
245A.05
Denial of Application
The commissioner can deny a license application if the applicant does not meet the requirements or if there are safety …
245A.055
Closing a License
A license holder can voluntarily close their license at any time. If the program serves people in residential settings, …
245A.06
Correction Order and Conditional License
If a licensed program is not following the rules, the commissioner can issue a correction order telling the program what …
245A.065
This section has been repealed or relocated.
245A.07
Sanctions
The commissioner can take serious action against a license holder who violates the law, including suspending the …
245A.075
Disqualified Individual; Denial, Conditional License, Revocation
If a person who is important to a licensed program has been disqualified through a background study, the commissioner …
245A.08
Hearings
When the commissioner takes action against a license, the license holder has the right to a hearing before an …
245A.081
Settlement Agreement
The commissioner and a license holder can agree to settle a licensing dispute through a written agreement instead of …
245A.085
Consolidation of Hearings; Reconsideration
When a license holder has multiple pending hearings or requests for reconsideration, those proceedings can be combined …
245A.09
Rules
The commissioner has the authority to adopt rules for licensing human services programs. These rules must focus on …
245A.091
This section has been repealed or relocated.
245A.095
Rules for Programs Serving Persons With Mental Illnesses
The commissioner must adopt rules specifically for licensing programs that serve people with mental illnesses, including …
245A.0951
Adoption of Rules for Licensure of Secure Treatment Facilities
The commissioner must adopt rules for licensing secure treatment facilities for people committed as sexually dangerous …
245A.10
Fees
Licensed programs must pay fees for their license applications and annual renewals. Fee amounts vary by program type and …
245A.11
Special Conditions for Residential Programs
Residential programs with six or fewer residents are treated as regular homes for zoning purposes. This section also …
245A.12
Voluntary Receivership for Residential or Nonresidential Programs
If a residential or nonresidential program is closing or has serious problems, the court can appoint a receiver to take …
245A.13
Involuntary Receivership for Residential or Nonresidential Programs
The commissioner can ask a court to appoint a receiver to take over a licensed program without the owner's consent if …
245A.14
Special Conditions for Nonresidential Programs
Nonresidential programs with 12 or fewer people are treated like single-family homes for zoning. This section also …
245A.142
Early Intensive Developmental and Behavioral Intervention Provisional Licensure
Programs that provide early intensive developmental and behavioral intervention (like ABA therapy) for children with …
245A.143
Family Adult Day Services
Family adult day services are programs that care for adults with disabilities or older adults in a home setting during …
245A.1434
This section has been repealed or relocated.
245A.1435
Reduction of Risk of Sudden Unexpected Infant Death
Child foster care and child care providers must put infants to sleep on their backs in a crib that meets current safety …
245A.144
Training on Risk of Sudden Unexpected Infant Death and Abusive Head Trauma for Child Foster Care Providers
Child foster care providers must complete training on reducing the risk of sudden unexpected infant death (SUID) and …
245A.1443
Substance Use Disorder Treatment Licensed Programs That Serve Parents With Their Children
Substance use disorder treatment programs that allow parents to bring their children must meet specific child safety …
245A.1444
Training by Other Programs on Risk of Sudden Unexpected Infant Death and Abusive Head Trauma
Licensed programs other than child care or foster care that serve infants and young children must ensure staff complete …
245A.1445
This section has been repealed or relocated.
245A.145
This section has been repealed or relocated.
245A.146
Crib Safety Requirements
Licensed programs that care for infants must use cribs that meet current safety standards. Drop-side cribs are banned. …
245A.147
This section has been repealed or relocated.
245A.148
This section has been repealed or relocated. See section 142B.76.
245A.149
This section has been repealed or relocated. See section 142B.77.
245A.15
This section has been repealed or relocated. See section 142B.78.
245A.151
Fire Marshal Inspection
When a license requires a fire marshal inspection, a local fire inspector can do it instead of the state fire marshal. …
245A.1511
This section has been repealed or relocated. See section 142B.79.
245A.152
This section has been repealed or relocated. See section 142B.62.
245A.153
This section has been repealed or relocated.
245A.155
Care of Individuals on Medical Monitoring Equipment
Foster care providers who care for individuals using life-sustaining medical equipment must be properly trained on that …
245A.156
Disclosure of Communicable Disease
Before placing a child or adult with a known communicable disease in foster care, the placing agency must tell the …
245A.16
Standards for County Agencies and Private Agencies
County agencies and private agencies that carry out licensing duties on behalf of the state must follow the …
245A.167
Public Funds Program Integrity Monitoring
Licensed programs that receive public funding must comply with enrollment and registration requirements as part of their …
245A.17
This section has been repealed or relocated.
245A.175
Child Foster Care Training Requirement; Mental Health Training; Fetal Alcohol Spectrum Disorders Training
Foster care providers must complete two hours of training on children's mental health before a child is placed in their …
245A.18
Child Passenger Restraint Systems
All licensed programs that transport children must follow car seat and seat belt laws. Programs transporting children …
245A.19
Hiv Training in Substance Use Disorder Treatment Program
Substance use disorder treatment programs must follow HIV minimum standards, train all staff and clients on HIV, …
245A.191
Provider Eligibility for Payments From the Behavioral Health Fund
Substance use disorder treatment providers that want enhanced funding from the behavioral health fund must meet extra …
245A.1915
This section has been repealed or relocated.
245A.192
This section has been repealed or relocated.
245A.20
This section has been repealed or relocated.
245A.21
This section has been repealed or relocated.
245A.211
Prone Restraint Prohibition
Licensed programs are banned from using prone restraints, which means holding someone face-down on the floor. If a …
245A.22
This section has been repealed or relocated.
245A.23
This section has been repealed or relocated. See section 142B.63.
245A.24
Mandatory Reporting
Anyone involved in licensing activities must immediately report any suspected fraud to county investigators or the state …
245A.242
Emergency Overdose Treatment
Substance use disorder treatment and withdrawal management programs must have a plan for treating drug overdoses, …
245A.245
Children's Residential Facility Substance Use Disorder Treatment Programs
Children's residential substance use disorder treatment programs must follow specific rules, including supervising …
245A.25
Residential Program Certifications for Compliance With the Family First Prevention Services Act
Children's residential facilities and foster residence settings must be certified to receive federal Title IV-E funding …
245A.26
Children's Residential Facility Crisis Stabilization Services
Children's residential facilities can provide short-term crisis stabilization services for children under 21 who are in …
245A.30
Licensing Prohibition for Certain Facilities Serving Children
The state cannot license or renew a license for a children's residential facility if it accepts out-of-state children …
245A.40
This section has been renumbered. Its content has been moved to section 142B.65.
245A.41
This section has been repealed or relocated. See section 142B.66.
245A.42
This section has been repealed or relocated. See section 142B.67.
245A.50
This section has been repealed or relocated. See section 142B.70.
245A.51
This section has been repealed or relocated. See section 142B.71.
245A.52
This section has been repealed or relocated. See section 142B.72.
245A.53
This section has been repealed or relocated. See section 142B.74.
245A.65
Maltreatment of Vulnerable Adults
Licensed programs serving vulnerable adults must have written policies for reporting and investigating suspected abuse, …
245A.655
This section has been repealed or relocated.
245A.66
Requirements; Maltreatment of Minors
Licensed programs serving children must do internal reviews when child maltreatment is reported. Staff at children's …
245A.70
Remote Adult Day Services
This section defines 'remote adult day services' as adult day care services delivered through live two-way audio or …
245A.71
Applicability and Scope
Adult day care centers that want to provide remote services must be licensed and approved by the commissioner. The …
245A.72
Record Requirements
Adult day care centers providing remote services must keep the same participant records required for in-person services …
245A.73
Remote Adult Day Services Staff
Staff providing remote adult day services must be trained on the technology, each participant's care plan, and must be …
245A.74
Individual Service Planning
A person must already be receiving in-person adult day services to receive remote services from the same provider. …
245A.75
Service and Program Requirements
Remote adult day services must fall within the same types of services that are allowed for in-person adult day services …