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Contraindicated restraints: In 2023, language was added to 245A.211 prohibiting the use of prone restraints and contraindicated physical restraints. Clarifying language has been added to 245A.211, subd. 4 to make clear that license holders only need to document if there is a known medical or psychological condition. Effective May 25, 2024. Chapter 127, Article 62, Section 12
Licensing moratorium changes: Changes were made to the licensing moratorium exception under Minnesota Statutes, section 245A.03, subdivision 7 (a) to now allow a child foster residence setting with a Family First Prevention Services Act specialized setting certification. This process will be overseen by the Licensing Division and will not require a moratorium exception from the Disability Services Division. More information will be provided about this process at a future date. Effective July 1, 2024. Chapter 115, Article 18, Section 11
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Department of Children, Youth, & Families: In anticipation of the move to the new Department of Children, Youth, and Families (DCYF) in July 2025, the legislature passed necessary changes to many parts of statute, including foster care licensing. They also determined that the licensing of child foster residence settings (CFRS) will remain at the Department of Human Services, and not be transitioned to DCYF.
Other portions of DHS Licensing, including family child foster care, will transition to DCYF in July 2025. The language changes do not take effect until family child foster care licensing moves to DCYF. Providers and licensors do not need to make any changes at this time. More information will be provided next year, prior to the transfer of family child foster care licensing to DCYF. Effective upon the transfer of family child foster care licensing from DHS to DCYF (anticipated July 2025). Chapter 115, Article 16, Section 45
Key staff position change notification: Programs must notify DHS within five business days of a change or vacancy in the key staff position which is the program director. If there is a vacancy in the program director position, the program must notify the program licensor to discuss how the duties will be fulfilled. Effective January 1, 2025. Chapter 127, Article 62, Section 2
Contraindicated restraints: In 2023, language was added prohibiting the use of prone restraints and contraindicated physical restraints. Clarifying language has been added to make clear that license holders only need to document if there is a known medical or psychological condition. Effective May 25, 2024. Chapter 127, Article 62, Section 12
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Emergency overdose medications: These technical changes exempt programs with a substance use disorder treatment certification from medication storage requirements to allow staff and adult clients to carry emergency overdose medications (example, naloxone or Narcan®) and to store these medications in unlocked locations. If a staff only administers emergency overdose medications, they only need training in administering that medication and may receive the training from any knowledgeable trainer. Effective May 25, 2024. Chapter 127, Article 62, Section 13
Adult day centers: Implementation plan for 2024 legislative changes
HCBS: Implementation plan for 2024 legislative changes
Weekly team meetings: There is additional flexibility for attending and leading weekly team meetings. If a team member works only one shift in a week and cannot participate in the team or an ancillary meeting, they can instead read the meeting minutes. In these cases, the team member and mental health professional or certified rehabilitation specialist must document specific items before the next weekly team meeting. Additionally, a mental health professional or certified rehabilitation specialist may lead a meeting remotely due to medical or weather conditions. The license holder must receive a variance from DHS if remote meetings are for more than one week. Effective July 1, 2024. Chapter 127, Article 61, Section 12
Clinical trainee qualifications: Changes were made to the statutory language for clinical trainee qualifications. This adds a qualification option for a clinical trainee that has completed a practicum or internship but not yet taken or received the results from the required test or is waiting for the final licensure decision. However, a person may only use this qualification if it is allowed by their prospective or current licensing board. The personnel file must contain documentation that the clinical trainee is complying with all requirements of the licensing board. Effective July 1, 2024. Chapter 127, Article 61, Section 7
Functional assessments: The assessment requirements were changed to remove the narrative summary. The standards clarify that programs may use any validated measurement tool when completing the elements in the assessment. The assessment must still contain all required elements. Effective July 1, 2024. Chapter 127, Article 61, Section 8
Level of care assessments: The level of care assessment definition was changed. Effective July 1, 2024. Chapter 127, Article 61, Section 6
Emergency overdose medications: These technical changes exempt programs from medication storage requirements to allow staff and adult clients to carry emergency overdose medications (example, naloxone or Narcan®) and to store these medications in unlocked locations. If a staff only administers emergency overdose medications, they only need training in administering that medication and may receive the training from any knowledgeable trainer. Effective May 25, 2024. Chapter 127, Article 62, Section 13
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Locked programs: Programs that prohibit clients from leaving the facility must meet the additional requirements in section 245I.23, subdivision 19. These requirements were changed to clarify the language and to require programs to inform clients that leaving the facility against medical advice may result in legal consequences. Effective July 1, 2024. Chapter 127, Article 49, Section 1
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Mental health professional disciplines: Clinics must continue to have at least two mental health professionals a minimum of 35 hours per week but the requirement for them to specialize in different disciplines is eliminated. Effective July 1, 2024. Chapter 127, Article 61, Section 11
Clinical trainee qualifications: Changes were made to the statutory language for clinical trainee qualifications. This adds a qualification option for a clinical trainee that has completed a practicum or internship but not yet taken or received the results from the required test or is waiting for the final licensure decision. However, a person may only use this qualification if it is allowed by their prospective or current licensing board. The personnel file must contain documentation that the clinical trainee is complying with all requirements of the licensing board. Effective July 1, 2024. Chapter 127, Article 61, Section 7
Public email address: The certification holder’s email address will become public data. This applies to all certification and license holders except family child foster care. The certification holder can choose which email to provide as their public certification holder email address. At this time, certification holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Contraindicated restraints: In 2023, language was added prohibiting the use of prone restraints and contraindicated physical restraints. Clarifying language has been added to make clear that license holders only need to document if there is a known medical or psychological condition. Effective May 25, 2024. Chapter 127, Article 62, Section 12
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Contraindicated restraints: In 2023, language was added prohibiting the use of prone restraints and contraindicated physical restraints. Clarifying language has been added to make clear that license holders only need to document if there is a known medical or psychological condition. Effective May 25, 2024. Chapter 127, Article 62, Section 12
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Location of services: The requirements for treatment service locations change to clarify when a program can provide services at other locations including by telehealth, expand the use of satellite locations, and reduce provider paperwork. These changes include:
Effective January 1, 2025. Chapter 127, Article 62, Section 32
Emergency overdose medications: These technical changes exempt programs from medication storage requirements to allow staff and adult clients to carry emergency overdose medications (example, naloxone or Narcan®) and to store these medications in unlocked locations. If a staff only administers emergency overdose medications, they only need training in administering that medication and may receive the training from any knowledgeable trainer. Effective May 25, 2024. Chapter 127, Article 62, Sections 13, 33, & 34
Key staff position change notification: Programs must notify DHS within five business days of a change or vacancy in a key staff position. These positions are treatment director, alcohol and drug counselor supervisor, and the registered nurse responsible for staff supervision. If there is a vacancy in a key position, the program must notify the program licensor to discuss how the duties will be fulfilled. Effective January 1, 2025. Chapter 127, Article 62, Section 35
Peer recovery: Several areas change and add requirements for peer recovery support services.
Licensing candidate limit: The limit on unlicensed treatment staff will not apply to licensing candidates. The 50% limit continues to apply to students and former students. Effective August 1, 2024. Chapter 108, Article 4, Section 10
Opioid education: Changes timeframe for providing the opioid educational material to the day of service initiation and expands the education to all clients including those without an opioid use disorder. Effective January 1, 2025. Chapter 108, Article 4, Sections 7-9
Co-occurring complexity rate: The service standards for the co-occurring rate replace the mental health staff ratios with a requirement to employ at least one licensed mental health professional. Programs must continue to ensure there is enough mental professional time to meet the other requirements for this rate. Effective August 1, 2024. Chapter 108, Article 4, Section 23
Medical services complexity rate: The service standards for this rate reduce the amount of health care staff time from two hours down to one hour per client per week. Effective August 1, 2024. Chapter 108, Article 4, Section 23
Residential missed treatment hours: A license holder that is unable to provide all residential treatment services because a client missed services remains eligible to bill for the client's intensity level of services if the license holder documents the reason the client missed services and the interventions done to address the client's absence. Additionally, a program may reduce hours in a treatment week in observance of federally recognized holidays. Effective upon federal approval. DHS has determined this will require federal approval and will inform providers when it is received. The implementation plan will contain additional guidance. Chapter 108, Article 4, Section 23
The Behavioral Health Division provided additional information about changes to the residential levels of care in this Behavioral Health e-Memo.
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Opioid treatment program specific requirements: Additional changes specific to only opioid treatment programs were sent to these programs in the Opioid Treatment Programs: Changes to licensing requirements email.
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Emergency overdose medications: These technical changes exempt programs from medication storage requirements to allow staff and adult clients to carry emergency overdose medications (example, naloxone or Narcan®) and to store these medications in unlocked locations. If a staff only administers emergency overdose medications, they only need training in administering that medication and may receive the training from any knowledgeable trainer. Effective May 25, 2024. Chapter 127, Article 62, Section 13
Key staff position change notification: Programs must notify DHS within five business days of a change or vacancy in a key staff position. These positions are program director, registered nurse, and medical director. If there is a vacancy in a key position, the program must notify the program licensor to discuss how the duties will be fulfilled. Effective January 1, 2025.
Peer recovery (withdrawal management only): Several areas change and add requirements for peer recovery support services.
Contraindicated restraints: In 2023, language was added prohibiting the use of prone restraints and contraindicated physical restraints. Clarifying language has been added to make clear that license holders only need to document if there is a known medical or psychological condition. A reference to these requirements was added to the protective procedure plan requirements in section 245F.09. Effective May 25, 2024. Chapter 127, Article 62, Sections 12 and 29
Personnel file technical correction (withdrawal management only): In 2023, the requirement to document a staff’s freedom from substance use problems was eliminated. The requirement to have this in a personnel file was accidentally left in chapter 245F. This change removes this reference to a requirement that has not existed since 2022. Effective May 25, 2024. Chapter 127, Article 62, Section 31
Public email address: The license holder’s email address will become public data. This applies to all license holders except family child foster care. The license holder can choose which email to provide as their public license holder email address. At this time, license holders do not need to take any action. DHS Licensing will provide further guidance prior to January 1, 2025. Effective January 1, 2025. Chapter 115, Article 19, Section 1
Change in ownership: The requirements for programs changing ownership were updated to:
Effective January 1, 2025. Chapter 127, Article 62, Sections 3-7
Reporting maltreatment of minors definitions: Two changes are made to the definitions for maltreatment.
Licensed Child and Adult Foster Care: Implementation Plan for 2023 Legislative Changes
Licensed Child Care Centers Implementation Plan for 2023 Legislative Changes
Non-profit controlling individuals: The 2023 Legislature made changes to the definitions for owner and controlling individual in Minnesota Statutes, section 245A.02 to include a nonprofit corporation as a type of owner of a licensed program and therefore also a controlling individual. Programs with a nonprofit corporation included as a controlling individual will be able to change their board of directors without having to apply for a new license. This will eliminate a burdensome and redundant licensing process for nonprofit corporations that other types of organizations are not required to complete. The new language also clarifies that the definition of a controlling individual includes the president and treasurer of the board of directors of a nonprofit corporation. Effective July 1, 2023. Chapter 70, Article 17, Sections 9 and 10
Department of Children, Youth, and Families: The state of Minnesota is working on a transition to create a new Department of Children, Youth, and Families (DCYF). Several programs serving children and youth that are currently the responsibility of the Minnesota Departments of Human Services, Public Safety, and Education will be included in the transfer to the new Department. A commissioner for this new cabinet-level agency will be appointed by July 1, 2024, with the complete transfer of programs completed by July 1, 2025. There are no immediate changes. A new Implementation Office within Minnesota Management and Budget will guide the transition, in consultation with the relevant departments. Licensing will share more information as it becomes available.
Maltreatment of Minors Act (MOMA) training: In addition to the orientation training, programs must also train each mandatory reporter annually on the maltreatment of minors reporting requirements and definitions in Minnesota Statutes, Chapter 260E. Effective January 1, 2024. Chapter 70, Article 8, Section 36
Documenting first date of direct contact: License holders must document the first date that each background study subject has direct contact with a person served at the program. The program must provide this date to DHS upon request. Effective January 1, 2024. Chapter 70, Article 17, Section 13
Licensed Child and Adult Foster Care: Implementation Plan for 2023 Legislative Changes
Children's Residential Facilities: 2023 Legislative changes and program implementation
Family Child Care Licensing: Implementation plan for 2023 legislative changes
Nonprofit controlling individuals: The 2023 Legislature made changes to the definitions for owner and controlling individual in Minnesota Statutes, section 245A.02 to include a nonprofit corporation as a type of owner of a licensed program and therefore also a controlling individual. Programs with a nonprofit corporation included as a controlling individual will be able to change their board of directors without having to apply for a new license. This will eliminate a burdensome and redundant licensing process for nonprofit corporations that other types of organizations are not required to complete. The new language also clarifies that the definition of a controlling individual includes the president and treasurer of the board of directors of a nonprofit corporation. Effective July 1, 2023. Chapter 70, Article 17, Sections 9 and 10
Prone and contraindicated restraint prohibitions: A prone restraint is a physical or mechanical restraint that places a person in a face-down position. Licensed and certified programs are prohibited from using prone restraints except in the specific brief instances listed in statute. Additionally, programs must not use any type of restraint that is contraindicated for a person's known medical or psychological conditions. The program must assess and document these contraindications prior to using restraints on a person. Effective July 1, 2023. Chapter 70, Article 17, Section 19
Community Residential Settings: Alternate Overnight Supervision Technology Implementation Plan
IRTS/RCS (245I.23) Programs: 2023 Legislative changes and program implementation
Certified Mental Health Clinics (245I.20): 2023 Legislative changes and program implementation
Psychiatric Residential Treatment Facilities: 2023 Legislative changes and program implementation
Substance Use Disorder Treatment Programs: 2023 Legislative changes and program implementation
Adult foster care (AFC) and community residential setting (CRS) license capacity: This section is dependent on federal approval. New language temporarily modifies the existing fifth bed variance for AFCs and CRSs to allow for up to six beds for emergency crisis and respite services. This allowance for up to six beds expires 365 days after federal approval. This section also clarifies that AFC and CRS with a capacity up to six are not required to also be licensed as an adult residential mental health program. Chapter 98, Article 4, Section 12
Vulnerable Adults Act definitions: The vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Effective July 1, 2022. Chapter 98, Article 8, Sections 47-49
Physician Assistant: Physician assistant was added as an alternative in several areas of statute that previously required a physician or advanced practice registered nurse. This includes the family adult day services (FADS) requirements in Minnesota Statutes, 245A.143, subdivisions 2, 7, and 8. These changes are effective August 1, 2022. Chapter 58, Sections 96-98
Injury reporting: Minnesota Statutes, chapter 245H.11 outlines when a certified child care center must report an injury to a child in the program to the Department of Human Services. New language has been added to require this report to occur when a child’s injury required treatment by a physician, an advanced practice registered nurse (APRN), or a physician assistant. Previously, the statute only mentioned treatment by a physician or APRN. This change is effective August 1, 2022. Chapter 58, Section 112
Alternative sleeping position for an infant: Language was added to the safe sleep statute, Minnesota Statutes, 245A.1435, to also allow a physician assistant to direct an alternative sleeping position for an infant. Previously the statute only allowed a physician or advanced practice registered nurse to provide this direction. This change is effective August 1, 2022. Chapter 58, Section 99
Foster Youth Ombudsperson: A new Office of the Foster Youth Ombudsperson is created. A Board of the Foster Youth Ombudsperson will oversee and make recommendations to the ombudsperson. Chapter 63
Alternative sleeping position for an infant: Language was added to the safe sleep statute, Minnesota Statutes, 245A.1435, to also allow a physician assistant to direct an alternative sleeping position for an infant. Previously the statute only allowed a physician or advanced practice registered nurse to provide this direction. This change is effective August 1, 2022. Chapter 58, Section 99
Children’s Residential Facilities: 2022 Legislative changes and program implementation
Primary provider of care for Special Family Child Care. This language authorizes the primary provider of care for a special family child care program to communicate on matters related to licensing. It also adds primary provider of care to the definition of controlling individual. Chapter 98, Article 12, Sections 1 and 2
Child care regulation modernization pilot project authorization. This section gives DHS the authority to conduct and administer pilot projects to test methods and procedures for the family child care and child care center regulation modernization projects. Chapter 98, Article 12, Section 19
Physician assistant direction for alternative sleeping position. This section adds physician assistants as professionals who can direct an alternative sleeping position for an infant in a licensed program. Chapter 58, Section 99
Adult foster care (AFC) and community residential setting (CRS) license capacity – This section is dependent on federal approval. The new language temporarily modifies the existing fifth bed variance for AFCs and CRSs to allow for up to six beds for emergency crisis and respite services. This allowance for up to six beds expires 365 days after federal approval. This section also clarifies that AFCs and CRSs with a capacity up to six are not required to also be licensed as an adult residential mental health program. Chapter 98, Article 4, Section 12.
HCBS service termination – This section provides additional clarity on service terminations for 245D services. One change to note is that staff are now specifically identified as persons whose health and safety may be considered when determining if services need to be terminated. Chapter 98, Article 5, Section 1.
Remote adult day – This section establishes remote adult day as a permanent option for adult day services. This language takes effect on Jan. 1, 2023. Chapter 98, Article 7, Sections 1-7.
Vulnerable adult maltreatment definitions – Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Chapter 98, Article 8, Sections 47-49.
Changes to terminology – Effective July 1, 2022, the term “coordinated service and support plan” will change to “support plan.” The term “community support plan” will change to “assessment summary.” Chapter 98, Article 17, Section 26.
Physician assistants – Physician assistant was added as an alternative to a physician in several requirements that previously included a physician. These changes are effective Aug. 1, 2022. Chapter 58, Sections 102-104.
Uniform Service Standards (USS) corrections: Several changes were made to update, clarify, or improve the USS requirements in Minnesota Statutes, chapter 245I.
These include a clarification or change that:
Effective October 17, 2022.
Locked Programs: For programs that lock the exit doors to prohibit clients from leaving, adds licensing requirements to Minnesota Statutes, section 245I.23, to formalize existing practices and standards. Locked programs must meet applicable building and fire codes and have an appropriate health department license. Policies and procedures must include information about the court orders that authorize the program to prohibit clients from leaving. Each client must be informed of either the right to the leave the facility or that they cannot leave the facility due to a court order. Client treatment plans must reflect the restriction to the facility. Effective October 17, 2022. Chapter 99, Article 1, Section 13.
Vulnerable adult maltreatment definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Uniform Service Standards (USS) corrections: Several changes were made to update, clarify, or improve the USS requirements in Minnesota Statutes, chapter 245I.
These include a clarification or change that:
Effective October 17, 2022.
Staff to resident ratio: Lowers staff to resident ratio requirements during normal sleeping hours to allow programs to have one staff person for every six residents present within a living unit. This change also requires a provider to adjust sleeping-hour staffing levels if the clinical needs of the residents in the facility require more staff for the clients. Facilities will need to update policies and procedures to reflect this new ratio. Effective July 1, 2022. Chapter 98, Article 6, Section 8.
Vulnerable adult maltreatment law definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Vulnerable adult maltreatment law definitions: Vulnerable adult maltreatment law definitions for abuse, caregiver, and neglect changed to provide more clarity. Programs should update any policies or training materials that contain these definitions with the new versions. Effective July 1, 2022. Chapter 98, Article 8, Sections 47 to 49.
Physician assistants: Background study laws now include physician assistants in addition to physicians and advanced practice registered nurses in relation to the serious maltreatment definition and continuous affiliation requirements. Effective August 1, 2022. Chapter 58, sections 100 and 101.
Substance Use Disorder Treatment: 2022 Legislative changes and program implementation
The Minnesota Legislature made changes in 2021 for family child care. Information about these changes is available in this Implementation Plan (PDF)
The 2021 Legislature changed several laws that impact the Department of Human Services (DHS) licensed substance use disorder treatment programs.
Substance Use Disorder Treatment: 2021 Legislative Changes (PDF)
Annual license fee: Withdrawal management programs must pay an annual license fee based on the licensed capacity as described below. A detoxification program that also operates a withdrawal management program at the same location will not have to pay an additional fee. Dually licensed programs will only pay one fee based on the licensed capacity of the program with the higher overall capacity. The capacity of the program determines the amount of the fee as follows:
| Licensed Capacity | License Fee |
| 1 to 24 persons | $760 |
| 25 to 49 persons | $960 |
| 50 or more persons | $1,160 |
Family First Prevention Services Act (FFPSA) license certifications: Federal standards in the Family First Prevention Services Act (FFPSA) require residential programs for children to meet specific requirements if a county uses Title IV-E funds to pay for the child in the program. Four types of specialized setting certifications have been established in Minnesota to help ensure that programs meet the federal requirements for these types of settings. A program’s decision to add these certifications to a license will depend on whether or not a county uses Title IV-E funds for children in the facility or setting. More information about these certifications is on the license certification webpage.
Documentation of first date working in a program: License holders must document the first date a background study subject begins working in a program to demonstrate compliance with background study laws. This includes both background study subjects who have direct contact and those who do not have direct contact with persons served by the program.
Mental Health Uniform Service Standards: The licensing requirements in the Intensive Residential Treatment Services/Residential Crisis Stabilization (IRTS/RCS) variance will end and be replaced with the new updated requirements in Minnesota Statutes, chapter 245I. Although some of the new requirements will be similar to existing standards, several areas will change. DHS will send an implementation plan to providers later this year that will contain information on how the new requirements are different from the existing ones and the steps to take to meet the new requirements. Please see Minnesota Session Laws - 2021, Regular Session, Chapter 30, Article 15, Sections 1 to 14 and 16 for the requirements.
Mental Health Uniform Service Standards: The mental health clinic certification requirements in Minnesota Rules, parts 9520.0750 to 9520.0870 (Rule 29) will be repealed and replaced with the new updated requirements in Minnesota Statutes, chapter 245I. Although some of the new requirements will be similar to existing standards, several areas will change. DHS will send an implementation plan to providers later this year that will contain information on how the new requirements are different from the existing ones and the steps to take to meet the new requirements. Please see Minnesota Session Laws - 2021, Regular Session, Chapter 30, Article 15, Sections 1 to 13 and 15 for the requirements.
Changes for certified license-exempt child care center providers - effective Sept. 30, 2019
Changes for child care center providers - effective Sept. 30, 2019
CARS training: Effective September 30, 2019, a variance to the child passenger restraint systems training requirement may be granted for an emergency relative placement, so long as the individual has completed an approved child seat safety check up and repeats the checkup each time the child needs a different size car seat.
Additionally, the age for which training on the proper use and installation of child restraint systems in motor vehicles is required is reduced for transporting children under 9-years-old to children under 8-years-old.
Variances for capacity: Effective October 1, 2019, the conditions under which a county can grant a variance for exceeding capacity will change to bring Minnesota into compliance with new federal requirements. Any variances for capacity that are issued prior to October 1, 2019, will remain in effect until January 1, 2020.
Changes for family child care providers - effective Sept. 30, 2019 (unless otherwise noted)
Changes for licensors - effective Sept. 30, 2019 (unless otherwise noted)
Changes for DHS—effective Sept. 30, 2019 (unless otherwise noted)
Changes for providers effective – July 1, 2019
The 2018 law requires individuals affiliated with a DHS-licensed program to have a fingerprint-based FBI check if the individual :
This change is effective starting in August 2018. More information will be posted on the DHS website and in NETStudy 2.0. The law also clarifies several sections of statute related to privacy notices and data retention. (Minnesota Laws 2018, Chapter 166)
