Terms Used In Minnesota Statutes > Chapter 344 - Partition Fences

• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Adult: means a person who is 18 years old or older and who:

  (1) has mental illness, developmental disability, physical disability, or functional impairment; or

  (2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02

• annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
• Certification: means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D. See Minnesota Statutes 245D.02
• Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Commissioner: means the commissioner of the Department of Human Services or the commissioner's designated representative. See Minnesota Statutes 245D.02
• Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
• Community residential setting: means a residential program as identified in section 245A. See Minnesota Statutes 245D.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day services facility: means a facility licensed according to this chapter at which persons receive day services licensed under this chapter from the license holder's direct support staff for a cumulative total of more than 30 days within any 12-month period and the license holder is the owner, lessor, or tenant of the facility. See Minnesota Statutes 245D.02
• Department: means the Department of Human Services. See Minnesota Statutes 245D.02
• Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
• Foster residence setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
• Home and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
• Incident: means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:

  (1) serious injury of a person as determined by section 245. See Minnesota Statutes 245D.02

• Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
• Legal representative: means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. See Minnesota Statutes 245D.02
• License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
• License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
• License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• medication: includes dietary supplements. See Minnesota Statutes 245D.02
• Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
• Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• Physician: means a person who is licensed under chapter 147. See Minnesota Statutes 245D.02
• Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
• Quarterly: means at least every 90 calendar days, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. See Minnesota Statutes 245D.02
• Service site: means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. See Minnesota Statutes 245D.02
• staff: means employees of the license holder who have direct contact with persons served by the program and includes temporary staff or subcontractors, regardless of employer, providing program services for hire under the control of the license holder who have direct contact with persons served by the program. See Minnesota Statutes 245D.02
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Supervision: means :

  (1) oversight by direct support staff as specified in the person's support plan or support plan addendum and awareness of the person's needs and activities;

  (2) responding to situations that present a serious risk to the health, safety, or rights of the person while services are being provided; and

  (3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's support plan or support plan addendum that the person does not require the presence of direct support staff while services are being provided. See Minnesota Statutes 245D.02

• supervision: means when a program staff person:

  (1) is accountable for the child's care;

  (2) can intervene to protect the health and safety of the child; and

  (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02

• Support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
• Support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02
• Support team: means the service planning team identified in section 256B. See Minnesota Statutes 245D.02
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Volunteer: means an individual who, under the direction of the license holder, provides direct services without pay to a person served by the license holder. See Minnesota Statutes 245D.02