Minnesota Statutes 245A.26 – Children’s Residential Facility Crisis Stabilization Services
Subdivision 1.Definitions.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
Terms Used In Minnesota Statutes 245A.26
- 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
- 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
- Organization: means a domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, association, voluntary association, and any other legal or commercial entity. 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
- Weekly: means at least once every calendar week, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
(b) “Clinical trainee” means a staff person who is qualified under section 245I.04, subdivision 6.
(c) “License holder” means an individual, organization, or government entity that was issued a license by the commissioner of human services under this chapter for residential mental health treatment for children with emotional disturbance according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510 to 2960.0530.
(d) “Mental health professional” means an individual who is qualified under section 245I.04, subdivision 2.
Subd. 2.Scope and applicability.
(a) This section establishes additional licensing requirements for a children’s residential facility to provide children’s residential crisis stabilization services to a client who is experiencing a mental health crisis and is in need of residential treatment services.
(b) A children’s residential facility may provide residential crisis stabilization services only if the facility is licensed to provide:
(1) residential mental health treatment for children with emotional disturbance according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700; or
(2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510 to 2960.0530.
(c) If a client receives residential crisis stabilization services for 35 days or fewer in a facility licensed according to paragraph (b), clause (1), the facility is not required to complete a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart 2, and part 2960.0600.
(d) If a client receives residential crisis stabilization services for 35 days or fewer in a facility licensed according to paragraph (b), clause (2), the facility is not required to develop a plan for meeting the client’s immediate needs under Minnesota Rules, part 2960.0520, subpart 3.
Subd. 3.Eligibility for services.
An individual is eligible for children’s residential crisis stabilization services if the individual is under 21 years of age and meets the eligibility criteria for crisis services under section 256B.0624, subdivision 3.
Subd. 4.Required services; providers.
(a) A license holder providing residential crisis stabilization services must continually follow a client’s individual crisis treatment plan to improve the client’s functioning.
(b) The license holder must offer and have the capacity to directly provide the following treatment services to a client:
(1) crisis stabilization services as described in section 256B.0624, subdivision 7;
(2) mental health services as specified in the client’s individual crisis treatment plan, according to the client’s treatment needs;
(3) health services and medication administration, if applicable; and
(4) referrals for the client to community-based treatment providers and support services for the client’s transition from residential crisis stabilization to another treatment setting.
(c) Children’s residential crisis stabilization services must be provided by a qualified staff person listed in section 256B.0624, subdivision 8, according to the scope of practice for the individual staff person’s position.
Subd. 5.Assessment and treatment planning.
(a) Within 12 hours of a client’s admission for residential crisis stabilization, the license holder must assess the client and document the client’s immediate needs, including the client’s:
(1) health and safety, including the need for crisis assistance;
(2) need for connection to family and other natural supports;
(3) if applicable, housing and legal issues; and
(4) if applicable, responsibilities for children, family, and other natural supports, and employers.
(b) Within 24 hours of a client’s admission for residential crisis stabilization, the license holder must complete a crisis treatment plan for the client, according to the requirements for a crisis treatment plan under section 256B.0624, subdivision 11. The license holder must base the client’s crisis treatment plan on the client’s referral information and the assessment of the client’s immediate needs under paragraph (a). A mental health professional or a clinical trainee under the supervision of a mental health professional must complete the crisis treatment plan. A crisis treatment plan completed by a clinical trainee must contain documentation of approval, as defined in section 245I.02, subdivision 2, by a mental health professional within five business days of initial completion by the clinical trainee.
(c) A mental health professional must review a client’s crisis treatment plan each week and document the weekly reviews in the client’s client file.
(d) For a client receiving children’s residential crisis stabilization services who is 18 years of age or older, the license holder must complete an individual abuse prevention plan for the client, pursuant to section 245A.65, subdivision 2, as part of the client’s crisis treatment plan.
Subd. 6.Staffing requirements.
Staff members of facilities providing services under this section must have access to a mental health professional or clinical trainee within 30 minutes, either in person or by telephone. The license holder must maintain a current schedule of available mental health professionals or clinical trainees and include contact information for each mental health professional or clinical trainee. The schedule must be readily available to all staff members.