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Subd. 1b.Monitoring of facilities.
After June 30, 1989, no residential facility licensed by the commissioner of human services or the commissioner of health, other than facilities specifically licensed for people with mental illness, may have more than four residents with a diagnosis of mental illness. The commissioner of health, with the cooperation of the commissioner of human services, shall monitor licensed boarding care, board and lodging, and supervised living facilities to assure that this requirement is met. By January 1, 1989, the commissioner of health shall recommend to the legislature an appropriate mechanism for enforcing this requirement.
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Subd. 2a.Specific review of rules.
The commissioner shall:
(1) provide in rule for various levels of care to address the residential treatment needs of persons with mental illness;
(2) review Category I and II programs established in Minnesota Rules, parts 9520.0500 to 9520.0670 to ensure that the categories of programs provide a continuum of residential service programs for persons with mental illness;
(3) provide in rule for a definition of the term "treatment" as used in relation to persons with mental illness;
(4) adjust funding mechanisms by rule as needed to reflect the requirements established by rule for services being provided;
(5) review and recommend staff educational requirements and staff training as needed; and
(6) review and make changes in rules relating to residential care and service programs for persons with mental illness as the commissioner may determine necessary.
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Subd. 5.Housing services for persons with mental illness.
The commissioner of human services shall study the housing needs of people with mental illness and shall articulate a continuum of services from residential treatment as the most intensive service through housing programs as the least intensive. The commissioner shall develop recommendations for implementing the continuum of services and shall present the recommendations to the legislature by January 31, 1988.
Notes of Decisions
Handle With Care, Inc. v. Dep't of Human Servs., 406 N.W.2d 518 (Minn. 1987).
· cites it 10× “Minn.Stat. § 245.802, subd. 1 (1986), provides that the Commissioner of Human Services “shall develop and promulgate rules pursuant to chapter 14 for the operation and maintenance of day care and residential facilities and agencies * * The subdivision goes on to require the…”
Andrade v. Ellefson, 391 N.W.2d 836 (Minn. 1986).
· cites it 4× “By Minn.Stat. § 245.802 (1984), state commissioners were instructed to conduct a comprehensive study and prepare a report to the legislature by February 1, 1985, on recommendations for regulations "that will ensure a safe environment for children.”
Radke v. Cnty. of Freeborn, 694 N.W.2d 788 (Minn. 2005).
· cites it 2× “, that the licensing requirements were adopted to “ensure a safé environment for children” in accordance with Minn.Stat. § 245.802, subd. 4 (1984), and our concern that the abuse of which the children complained occurred in the facility itself.”
Andrade v. Ellefson, 375 N.W.2d 828 (Minn. Ct. App. 1985).
· cites it 4× “However, in rules promulgated under Minn.Stat. § 245.802, subd. 1 (1984), the state refers to the local county welfare department as an "agency": Agency.”
Hoppe Ex Rel. Dykema v. Kandiyohi Cnty., 543 N.W.2d 635 (Minn. 1996).
· cites it 2× “, that the licensing requirements were adopted to “ensure a safe environment for children” in accordance with Minn.Stat. § 245.802, subd. 4 (1984), and our concern that the abuse of which the children complained occurred in the facility itself.”
Radke v. Cnty. of Freeborn, 676 N.W.2d 295 (Minn. Ct. App. 2004).
· cites it 2× “The court recognized that the licensing requirements were adopted to “ensure a safe environment for children” in accordance with Minn.Stat. 245.802, subd. (1984). Id. Thus, the court held that a special relationship existed because the commissioner had promulgated detailed rules…”
Handle With Care, Inc. v. Dep't of Human Servs., 393 N.W.2d 421 (Minn. Ct. App. 1986).
· cites it 8× “Minn.Stat. § 245.802, subd. 4 (1984). On October 10, 1984, the Department of Human Services filed a draft of proposed new day care rules with the chief administrative law judge.”
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