reglab/housing_qa huggingface dataset:
MN Stat § 245C.12 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.12 — Background Study; Tribal Organizations.

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS. Subdivision 1. Access to data. For the purposes of background studies completed by tribal organizations performing licensing activities otherwise required of the commissioner under this chapter, after obtaining consent from the background study subject, tribal licensing agencies shall have access to criminal history data in the same manner as county licensing agencies and private licensing agencies under this chapter. Subd. 2. Adoptions; child foster care. Tribal organizations may contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to adoptions according to section 245C.34. Tribal organizations may also contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to child foster care according to section 245C.34. Subd. 3. Nursing facility. For the purposes of background studies completed to comply with a tribal organization's licensing requirements for individuals affiliated with a tribally licensed nursing facility, the commissioner shall obtain criminal history data from the National Criminal Records Repository in accordance with section 245C.32. Subd. 4. Child care. (a) Tribal organizations may contract with the commissioner to: (1) conduct background studies on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization; and (2) obtain background study data on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization. (b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a). (c) A tribally affiliated child care program that does not contract with the commissioner to conduct background studies is exempt from the relevant requirements in this chapter. For a background study conducted under this subdivision to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter. History:  2003 c 15 art 1 s 12; 2007 c 147 art 3 s 17; 2015 c 71 art 7 s 9; 1Sp2019 c 11 art 8 s 9
MN Stat § 245C.125 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.125 — Background Study; Head Start Programs.

245C.125 BACKGROUND STUDY; HEAD START PROGRAMS. (a) Head Start programs that receive funds under section 119A.52 may contract with the commissioner to: (1) conduct background studies on individuals affiliated with a Head Start program; and (2) obtain background study data on individuals affiliated with a Head Start program. (b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a). (c) A Head Start program site that does not contract with the commissioner, is not licensed, and is not registered to receive payments under chapter 119B is exempt from the relevant requirements in this chapter. Nothing in this section supersedes requirements for background studies in this chapter or chapter 119B or 245H that relate to licensed child care programs or programs registered to receive payments under chapter 119B. For a background study conducted under this section to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter. History:   1Sp2019 c 11 art 8 s 10
MN Stat § 245C.18 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.18 — Obligation To Remove Disqualified Individual From Direct Contact And From Working In A Program, Facility, Setting, Or Center.

245C.18 OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM DIRECT CONTACT AND FROM WORKING IN A PROGRAM, FACILITY, SETTING, OR CENTER. (a) Upon receipt of notice from the commissioner, the license holder must remove a disqualified individual from direct contact with persons served by the licensed program if: (1) the individual does not request reconsideration under section 245C.21 within the prescribed time; (2) the individual submits a timely request for reconsideration, the commissioner does not set aside the disqualification under section 245C.22, subdivision 4, and the individual does not submit a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14; or (3) the individual submits a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14, and the commissioner does not set aside or rescind the disqualification under section 245A.08, subdivision 5, or 256.045. (b) For children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program, facility, or setting and from access to persons served by the licensed program. (c) For Title IV-E eligible children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program and from access to persons served by the program and must not allow the individual to work in the facility or setting until the commissioner has issued a notice stating that: (1) the individual is not disqualified; (2) a disqualification has been set aside under section 245C.23; or (3) a variance has been granted related to the individual under section 245C.30. (d) For licensed child care center and certified license-exempt child care center license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must remove the disqualified individual from working in any position regardless of whether the individual would have direct contact with or access to children served in the center and from having access to persons served by the center and must not allow the individual to work in the center until the commissioner has issued a notice stating that: (1) the individual is not disqualified; (2) a disqualification has been set aside under section 245C.23; or (3) a variance has been granted related to the individual under section 245C.30. History:  2003 c 15 art 1 s 18; 2004 c 288 art 1 s 57; 1Sp2020 c 2 art 5 s 22; 1Sp2021 c 7 art 2 s 60
MN Stat § 245C.19 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.19 — Termination Of Affiliation Based On Disqualification Notice.

245C.19 TERMINATION OF AFFILIATION BASED ON DISQUALIFICATION NOTICE. An applicant or license holder that terminates affiliation with persons studied under section 245C.03, when the termination is made in good faith reliance on a notice of disqualification provided by the commissioner, shall not be subject to civil liability. History:   2003 c 15 art 1 s 19
MN Stat § 245C.25 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.25 — Consolidated Reconsideration Of Maltreatment Determination And Disqualification.

245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT DETERMINATION AND DISQUALIFICATION. If an individual is disqualified on the basis of a determination of maltreatment under section 626.557 or chapter 260E, which was serious or recurring, and the individual requests reconsideration of the maltreatment determination under section 260E.33 or 626.557, subdivision 9d, and also requests reconsideration of the disqualification under section 245C.21, the commissioner shall consolidate the reconsideration of the maltreatment determination and the disqualification into a single reconsideration. History:  2003 c 15 art 1 s 25; 2004 c 288 art 1 s 67; 2009 c 142 art 2 s 34; 1Sp2017 c 6 art 16 s 41; 1Sp2020 c 2 art 8 s 56
MN Stat § 245C.26 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.26 — Reconsideration Of A Disqualification For An Individual Living In A Licensed Home.

245C.26 RECONSIDERATION OF A DISQUALIFICATION FOR AN INDIVIDUAL LIVING IN A LICENSED HOME. In the case of any ground for disqualification under this chapter, if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home. History:  2003 c 15 art 1 s 26; 2004 c 288 art 1 s 68
MN Stat § 245C.29 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.29 — Conclusive Determinations Or Dispositions.

245C.29 CONCLUSIVE DETERMINATIONS OR DISPOSITIONS. Subdivision 1. Conclusive maltreatment determination or disposition. Unless otherwise specified in statute, a maltreatment determination or disposition under section 626.557 or chapter 260E is conclusive, if: (1) the commissioner has issued a final order in an appeal of that determination or disposition under section 245A.08, subdivision 5, or 256.045; (2) the individual did not request reconsideration of the maltreatment determination or disposition under section 626.557 or chapter 260E; or (3) the individual did not request a hearing of the maltreatment determination or disposition under section 256.045. Subd. 2. Conclusive disqualification determination. (a) A disqualification is conclusive for purposes of current and future background studies if: (1) the commissioner has issued a final order in an appeal of the disqualification under section 245A.08, subdivision 5, 245C.28, subdivision 3, or 256.045, or a court has issued a final decision; (2) the individual did not request reconsideration of the disqualification under section 245C.21 on the basis that the information relied upon to disqualify the individual was incorrect; or (3) the individual did not timely request a hearing on the disqualification under this chapter, chapter 14, or section 256.045 after previously being given the right to do so. (b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based on the disqualification of an individual in connection with a license to provide family child care, foster care for children in the provider's own home, or foster care services for adults in the provider's own home, that disqualification shall be conclusive for purposes of the licensing action if a request for reconsideration was not submitted within 30 calendar days of the individual's receipt of the notice of disqualification. (c) If a disqualification is conclusive under this section, the individual has a right to request reconsideration on the risk of harm under section 245C.21 unless the commissioner is barred from setting aside the disqualification under section 245C.24. The commissioner's decision regarding the risk of harm shall be the final agency decision and is not subject to a hearing under this chapter, chapter 14, or section 256.045. History:  2003 c 15 art 1 s 29; 2004 c 288 art 1 s 74; 2014 c 228 art 5 s 10; 1Sp2020 c 2 art 8 s 60
MN Stat § 245C.301 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.301 — Notification Of Set-aside Or Variance.

245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE. (a) Except as provided under paragraphs (b) and (c), if required by the commissioner, family child care providers and child care centers must provide a written notification to parents considering enrollment of a child or parents of a child attending the family child care or child care center if the program employs or has living in the home any individual who is the subject of either a set-aside or variance. (b) Notwithstanding paragraph (a), family child care license holders are not required to disclose that the program has an individual living in the home who is the subject of a set-aside or variance if: (1) the household member resides in the residence where the family child care is provided; (2) the subject of the set-aside or variance is under the age of 18 years; and (3) the set-aside or variance relates to a disqualification under section 245C.15, subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52. (c) The notice specified in paragraph (a) is not required when the period of disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded. History:  1Sp2005 c 4 art 1 s 45; 2006 c 264 s 11; 2007 c 112 s 48
MN Stat § 245C.34 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245C — Human Services Background Studies|Section 245C.34 — Adoption And Child Foster Care Background Studies; Tribal Organizations.

245C.34 ADOPTION AND CHILD FOSTER CARE BACKGROUND STUDIES; TRIBAL ORGANIZATIONS. Subdivision 1. Background studies may be conducted by commissioner. (a) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to adoptions. (b) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to child foster care. (c) Background studies initiated by tribal organizations under paragraphs (a) and (b) must be conducted as provided in subdivisions 2 and 3. Subd. 2. Information and data provided to tribal organization. The background study subject must provide the information specified in section 245C.05. Subd. 3. Information and data provided to commissioner. The tribal organization shall forward the data collected under subdivision 2 to the commissioner. Subd. 4. Information commissioner reviews. (a) The commissioner shall review the following information regarding the background study subject: (1) the information under section 245C.08, subdivisions 1, 3, and 4; (2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and (3) information from national crime information databases, when required under section 245C.08. (b) The commissioner shall provide any information collected under this subdivision to the tribal organization that initiated the background study. The commissioner shall indicate if the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, section 671(a)(20)(A). History:   2007 c 147 art 3 s 23
MN Stat § 245D.01 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245D — Home And Community-based Services Standards|Section 245D.01 — Citation.

245D.01 CITATION. This chapter may be cited as the "Home and Community-Based Services Standards" or "HCBS Standards." History:   2012 c 216 art 18 s 16
MN Stat § 245D.051 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245D — Home And Community-based Services Standards|Section 245D.051 — Psychotropic Medication Use And Monitoring.

245D.051 PSYCHOTROPIC MEDICATION USE AND MONITORING. Subdivision 1. Conditions for psychotropic medication administration. (a) When a person is prescribed a psychotropic medication and the license holder is assigned responsibility for administration of the medication in the person's coordinated service and support plan or the coordinated service and support plan addendum, the license holder must ensure that the requirements in section 245D.05, subdivision 2, are met. (b) The license holder must develop, implement, and maintain the following documentation in the person's coordinated service and support plan addendum according to the requirements in sections 245D.07 and 245D.071: (1) a description of the target symptoms that the psychotropic medication is to alleviate; and (2) documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication if required by the prescriber. The license holder must collect and report on medication and symptom-related data as instructed by the prescriber. The license holder must provide the monitoring data to the expanded support team for review every three months, or as otherwise requested by the person or the person's legal representative. For the purposes of this section, "target symptom" refers to any perceptible diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation. Subd. 2. Refusal to authorize psychotropic medication. If the person or the person's legal representative refuses to authorize the administration of a psychotropic medication as ordered by the prescriber, the license holder must not administer the medication. The refusal to authorize medication administration must be reported to the prescriber as expediently as possible. After reporting the refusal to the prescriber, the license holder must follow any directives or orders given by the prescriber. A refusal may not be overridden without a court order. Refusal to authorize administration of a specific psychotropic medication is not grounds for service termination and does not constitute an emergency. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3. History:  2013 c 108 art 8 s 26; 2014 c 275 art 1 s 50,140; 2014 c 312 art 27 s 30
MN Stat § 245D.12 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245D — Home And Community-based Services Standards|Section 245D.12 — Integrated Community Supports; Setting Capacity Report.

245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY REPORT. (a) The license holder providing integrated community support, as defined in section 245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to the commissioner to ensure the identified location of service delivery meets the criteria of the home and community-based service requirements as specified in section 256B.492. (b) The license holder shall provide the setting capacity report on the forms and in the manner prescribed by the commissioner. The report must include: (1) the address of the multifamily housing building where the license holder delivers integrated community supports and owns, leases, or has a direct or indirect financial relationship with the property owner; (2) the total number of living units in the multifamily housing building described in clause (1) where integrated community supports are delivered; (3) the total number of living units in the multifamily housing building described in clause (1), including the living units identified in clause (2); and (4) the percentage of living units that are controlled by the license holder in the multifamily housing building by dividing clause (2) by clause (3). (c) Only one license holder may deliver integrated community supports at the address of the multifamily housing building. History:   1Sp2019 c 9 art 5 s 19
MN Stat § 245D.21 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245D — Home And Community-based Services Standards|Section 245D.21 — Facility Licensure Requirements And Application Process.

245D.21 FACILITY LICENSURE REQUIREMENTS AND APPLICATION PROCESS. Subdivision 1. Community residential settings and day service facilities. For purposes of this section, "facility" means both a community residential setting and day service facility and the physical plant. Subd. 2. Inspections and code compliance. (a) Physical plants must comply with applicable state and local fire, health, building, and zoning codes. (b)(1) The facility must be inspected by a fire marshal or their delegate within 12 months before initial licensure to verify that it meets the applicable occupancy requirements as defined in the State Fire Code and that the facility complies with the fire safety standards for that occupancy code contained in the State Fire Code. (2) The fire marshal inspection of a community residential setting must verify the residence is a dwelling unit within a residential occupancy as defined in section 9.117 of the State Fire Code. A home safety checklist, approved by the commissioner, must be completed for a community residential setting by the license holder and the commissioner before the satellite license is reissued. (3) The facility shall be inspected according to the facility capacity specified on the initial application form. (4) If the commissioner has reasonable cause to believe that a potentially hazardous condition may be present or the licensed capacity is increased, the commissioner shall request a subsequent inspection and written report by a fire marshal to verify the absence of hazard. (5) Any condition cited by a fire marshal, building official, or health authority as hazardous or creating an immediate danger of fire or threat to health and safety must be corrected before a license is issued by the department, and for community residential settings, before a license is reissued. (c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections. (d) The facility's plumbing, ventilation, heating, cooling, lighting, and other fixtures and equipment, including elevators or food service, if provided, must conform to applicable health, sanitation, and safety codes and regulations. History:   2013 c 108 art 8 s 37
MN Stat § 245D.23 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245D — Home And Community-based Services Standards|Section 245D.23 — Community Residential Settings; Satellite Licensure Requirements And Application Process.

245D.23 COMMUNITY RESIDENTIAL SETTINGS; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. Subdivision 1. Separate satellite license required for separate sites. (a) A license holder providing residential support services must obtain a separate satellite license for each community residential setting located at separate addresses when the community residential settings are to be operated by the same license holder. For purposes of this chapter, a community residential setting is a satellite of the home and community-based services license. (b) Community residential settings are permitted single-family use homes. After a license has been issued, the commissioner shall notify the local municipality where the residence is located of the approved license. Subd. 2. Notification to local agency. The license holder must notify the local agency within 24 hours of the onset of changes in a residence resulting from construction, remodeling, or damages requiring repairs that require a building permit or may affect a licensing requirement in this chapter. Subd. 3. Alternate overnight supervision. A license holder granted an alternate overnight supervision technology adult foster care license according to section 245A.11, subdivision 7a, that converts to a community residential setting satellite license according to this chapter, must retain that designation. History:   2013 c 108 art 8 s 39