10-09-1996 Council Agenda - Laserfiche WebLink

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• 245A.095 HUMAN SERVICES LICENSING 4S2 (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 estab- lished by rule for services being provided: (5) review and recommend staff educational requirements and staff training as needed: (6) review and make changes in rules relating to residential care and service pro- grams for persons with mental illness as the commissioner may determine necessary: and (7) the commissioner shall report to the legislature by February 15, 1990, on the status of rulemaking with respect to clauses (1) to (6). Subd. 3. [Repealed, 1989 c 282 art 4 s 64] History: 1987 c 333 s 10; 1988 c 411 s 5; 1989 c 282 art 4 s 61 245A.I0 FEES The commissioner shall charge a fee for evaluation of applications and inspection of programs, other than family day care and foster care, which are licensed under sec- tions 245A.01 to 245A.16. History: 1987 c 333 s 11 245A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS. Subdivision 1. Policy statement. It is the policy of the state that persons shall not be excluded by municipal zoning ordinances or other land use regulations from the ben- efits of normal residential surroundings. Subd. 2. Permitted single - family residential use. Residential programs with a licensed capacity of six or fewer persons shall be considered a permitted single - family residential use of property for the purposes of zoning and other land use regulations. Programs otherwise allowed under this subdivision shall not be prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, which cannot be met because of the nature of the licensed program, including provisions which require the home's occupants be related, and that the home must be occupied by the owner, or similar provisions. • Subd. 2a. Adult foster care license capacity. An adult foster care license holder may have a maximum license capacity of five if all persons in care are age 60 or over and do not have a serious and persistent mental illness or a developmental disability. Subd. 2b. Adult foster care; family adult day care. An adult foster care license holder licensed under the conditions in subdivision 2a may also provide family adult day care for adults age 60 or over if no persons in the adult foster or adult family day care program have a serious and persistent mental illness or a developmental disabil- ity. The maximum combined capacity for adult foster care and family adult day care is five adults. A separate license is not required to provide family adult day care under this subdivision. Adult foster care homes providing services to five adults under this section shall not be subject to licensure by the commissioner of health under the provi- sions of chapter 144, 144A, 157, or any other law requiring facility licensure by the commissioner of health. Subd. 3. Permitted multifamily residential use. Unless otherwise provided in any town, municipal, or county zoning regulation, a licensed residential program with a licensed capacity of seven to 16 persons shall be considered a permitted multifamily residential use of property for the purposes of zoning and other land use regulations. A town, municipal, or county zoning authority may require a conditional use or special use permit to assure proper maintenance and operation of a residential program. Con- ditions imposed on the residential program must not be more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety Page 3