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City of Mounds View Staff Report Ordinance 594: Foster Family Homes February 21, 1997 Page 2 • a. A state licensed residential facility serving six or fewer persons; b. A licensed day care facility serving 12 or fewer persons; c. A group family day care facility licensed under Minnesota Rules,parts 9502.0315 to 9501.0445 to serve 14 or fewer children. d. Residential facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd 3. Notwithstanding the provision of Subdivision 2 herein,foster family homes as identified in Chapter 9545,Section 9545.0010,Subp. 7 ofAcumesota Rules shall be allowed as permitted uses to serve not more than eight children per home,not including the foster family's own children. (Emphasis added.) The reference in Subd. 3 (i.e. Chapter 9545, Section 9545.0010, Subp. 7)is to Minnesota Rules related to the Department of Human Services Licensing of Facilities for Children,which has definitions of foster family homes. The problem arises from the fact that the children being placed in Mr. Waldoch's home are not being referred there by the Department of Human Services but, instead, are being referred to him by the Department of Corrections. The Minnesota Rules related to the Department of Corrections have their own definition of group homes,foster homes, or group family homes. The Department of Corrections needs our local ordinance to refer to their rules and their definitions in order to consider the ordinance as allowing them to refer children to foster homes in Mounds View. It appears clear from the information in the file that the City Council's intent in amending the ordinance • was to accommodate Mr. Waldoch's situation. (Please see the attached memorandum from Joyce Pruitt to the File, and the staff reports sent to City Council at the time this ordinance amendment was presented to them. There was even informal permission given to Julie Snyder at Department of Corrections to place an additional child at the Waldoch's prior to formal adoption of the ordinance.) Our City Attorney has advised us that the ordinance needs to be amended to clarify that Subd 3. includes references to the rules for both the Department of Corrections and the Department of Human Services. Ordinance No. 596 has been prepared to correct the earlier oversight, and refer to both departments' rules in allowing up to eight children to be placed in foster homes. Recommendation: The Planning Commission,by a unanimous vote, and the staff recommend approval of Ordinance No. 596. Prior to adoption, the City Council must conduct a public hearing and introduce the ordinance for first reading,both of which have been put on the agenda for your February 24 meeting. Second reading and action on the ordinance will be scheduled for March 10. ,Full • Pamela Sheldon, Community Development Director N:\DATA\USERS\PAMS\SHARE\SPECPROJ\SP014.97\FOSTHOME.CC