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.

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Terms Used In Minnesota Statutes 245A.1443

  • 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 human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
  • Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
  • License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.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
  • Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.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

  • trauma: means an event, series of events, or set of circumstances experienced by an individual as physically or emotionally harmful or life-threatening and has lasting adverse effects on the individual's functioning and mental, physical, social, emotional, or spiritual well-being. See Minnesota Statutes 245A.02

(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.