Subdivision 1. Application. This section applies to residential substance use disorder treatment facilities that are licensed under this chapter and chapter 245G and that provide services in accordance with section 245G.19.
Subd. 2. Requirements for providing education. (a) On or before the date of a child's initial physical presence at the facility, the license holder must provide education to the child's parent related to safe bathing and reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. The license holder must use the educational material developed by the commissioner to comply with this requirement. At a minimum, the education must address:
(1) instruction that a child or infant should never be left unattended around water, a tub should be filled with only two to four inches of water for infants, and an infant should never be put into a tub when the water is running; and
(2) the risk factors related to sudden unexpected infant death and abusive head trauma from shaking infants and young children, and means of reducing the risks, including the safety precautions identified in section 245A.1435 and the risks of co-sleeping.
(b) The license holder must document the parent's receipt of the education and keep the documentation in the parent's file. The documentation must indicate whether the parent agrees to comply with the safeguards. If the parent refuses to comply, program staff must provide additional education to the parent as described in the parental supervision plan. The parental supervision plan must include the intervention, frequency, and staff responsible for the duration of the parent's participation in the program or until the parent agrees to comply with the safeguards.
Subd. 3. Parental supervision of children. (a) On or before the date of a child's initial physical presence at the facility, the license holder must document the parent's capacity to meet the health and safety needs of the child while on the facility premises considering the following factors:
(1) the parent's physical and mental health;
(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
(3) the child's physical and mental health; and
(4) any other information available to the license holder that indicates the parent may not be able to adequately care for the child.
(b) The license holder must have written procedures specifying the actions to be taken by staff if a parent is or becomes unable to adequately care for the parent's child.
(c) If the parent refuses to comply with the safeguards described in subdivision 2 or is unable to adequately care for the child, the license holder must develop a parental supervision plan in conjunction with the client. The plan must account for any factors in paragraph (a) that contribute to the parent's inability to adequately care for the child. The plan must be dated and signed by the staff person who completed the plan.
Subd. 4. Alternative supervision arrangements. The license holder must have written procedures addressing whether the program permits a parent to arrange for supervision of the parent's child by another client in the program. If permitted, the facility must have a procedure that requires staff approval of the supervision arrangement before the supervision by the nonparental client occurs. The procedure for approval must include an assessment of the nonparental client's capacity to assume the supervisory responsibilities using the criteria in subdivision 3. The license holder must document the license holder's approval of the supervisory arrangement and the assessment of the nonparental client's capacity to supervise the child, and must keep this documentation in the file of the parent of the child being supervised.
2015 c 78 art 4 s 17; 2018 c 182 art 2 s 11; 2022 c 98 art 12 s 3
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245A — Human Services Licensing
Section 245A.02 — Definitions.
Section 245A.03 — Who Must Be Licensed.
Section 245A.035 — Unlicensed Emergency Relative Placement.
Section 245A.04 — Application Procedures.
Section 245A.041 — Systems And Records.
Section 245A.042 — Home And Community-based Services; Additional Standards And Procedures.
Section 245A.043 — License Application After Change Of Ownership.
Section 245A.05 — Denial Of Application.
Section 245A.055 — Closing A License.
Section 245A.06 — Correction Order And Conditional License.
Section 245A.065 — Child Care Fix-it Ticket.
Section 245A.075 — Disqualified Individual; Denial, Conditional License, Revocation.
Section 245A.081 — Settlement Agreement.
Section 245A.085 — Consolidation Of Hearings; Reconsideration.
Section 245A.095 — Rules For Programs Serving Persons With Mental Illnesses.
Section 245A.11 — Special Conditions For Residential Programs.
Section 245A.12 — Voluntary Receivership For Residential Or Nonresidential Programs.
Section 245A.13 — Involuntary Receivership For Residential Or Nonresidential Programs.
Section 245A.14 — Special Conditions For Nonresidential Programs.
Section 245A.143 — Family Adult Day Services.
Section 245A.1434 — Information For Child Care License Holders.
Section 245A.1435 — Reduction Of Risk Of Sudden Unexpected Infant Death In Licensed Programs.
Section 245A.1445 — Dangers Of Shaking Infants And Young Children.
Section 245A.145 — Child Care Program Reporting Notification.
Section 245A.146 — Crib Safety Requirements.
Section 245A.147 — Family Child Care Infant Sleep Supervision Requirements.
Section 245A.148 — Family Child Care Diapering Area Disinfection.
Section 245A.149 — Supervision Of Family Child Care License Holder's Own Child.
Section 245A.15 — Regulation Of Family Day Care By Local Government.
Section 245A.151 — Fire Marshal Inspection.
Section 245A.1511 — Contractors Serving Multiple Family Child Care License Holders.
Section 245A.152 — Child Care License Holder Insurance.
Section 245A.155 — Care Of Individuals On Medical Monitoring Equipment.
Section 245A.156 — Disclosure Of Communicable Disease.
Section 245A.16 — Standards For County Agencies And Private Agencies.
Section 245A.167 — Public Funds Program Integrity Monitoring.
Section 245A.18 — Child Passenger Restraint Systems.
Section 245A.19 — Hiv Training In Substance Use Disorder Treatment Program.
Section 245A.191 — Provider Eligibility For Payments From The Behavioral Health Fund.
Section 245A.22 — Independent Living Assistance For Youth.
Section 245A.23 — Positive Support Strategies; Child Care.
Section 245A.24 — Mandatory Reporting.
Section 245A.26 — Children's Residential Facility Crisis Stabilization Services.
Section 245A.30 — Licensing Prohibition For Certain Facilities Serving Children.
Section 245A.40 — Child Care Center Training Requirements.
Section 245A.41 — Child Care Center Health And Safety Requirements.
Section 245A.50 — Family Child Care Training Requirements.
Section 245A.51 — Family Child Care Health And Safety Requirements.
Section 245A.52 — Family Child Care Physical Space Requirements.
Section 245A.53 — Substitute Caregivers And Replacements In Family Child Care.
Section 245A.65 — Maltreatment Of Vulnerable Adults.
Section 245A.66 — Requirements; Maltreatment Of Minors.
Section 245A.70 — Remote Adult Day Services.
Section 245A.71 — Applicability And Scope.
Section 245A.72 — Record Requirements.
Section 245A.73 — Remote Adult Day Services Staff.