agency-121•Minnesota Rules — Corrections Department
Minnesota Rules — Corrections Department
agency-121Minn. R. (Corrections Department)Regulation
Chapter 2900 NEW CORRECTIONS FACILITIES
Minn. R. 2900.0100 General Principles for Construction of New Corrections Facilities
Subpart 1. Application.
All rules contained herein, except to the extent exceptions are stated, shall apply to each holding facility, lockup, jail, and adult corrections center.
Subp. 2. Compliance with state and federal regulations.
All construction shall comply with regulations required by the State Building Code, adopted by the state of Minnesota and standards stated herein applicable to the facility's classification and security classification of prisoners confined.
Wherever specific mention of a construction condition or specification is not made, the requirements of the State Building Code, the fire marshal, the Minnesota Department of Health, the Minnesota Department of Labor and Industry, and any other federal or state regulating agency with lawful authority to define construction requirements shall apply.
Subp. 3. Specifications to be followed for measurements, gauges, quality, volume, intensity.
Where mention is not made of measurements, gauges, quality, volume, intensity, or some other such characteristic with respect to security areas or products, such specifications shall be equal to or exceed those required by established security product manufacturers in the field of jail and prison hardware and equipment.
Where mention is made of measurements, gauges, quality, volume, intensity, or some other such characteristic, gauges, quality, volume, intensity, or whatever other characteristic equal to or exceeding the specifications presented herein shall be acceptable. Where such equivalent products are to be used, a letter certifying that such products are equal to or exceed the specifications noted herein, shall be filed with the architect, owner, and Department of Corrections by the manufacturer of such product prior to department approval of any new construction. Whenever an article or material is defined by describing a proprietary product or by using the name of the manufacturer, the term, "or architect/engineer approved equivalent" if not inserted, shall be implied.
Subp. 4. Security accommodations to be provided.
Lockups, jails, and adult corrections centers shall be designed to accommodate maximum, medium, and minimum security prisoners and shall provide maximum, medium, and minimum security living accommodations. Holding facilities shall minimally provide medium security living accommodations for prisoners. They are not required to provide maximum or minimum security accommodations. Adult corrections facilities designed and approved by the department to accept only one classification of prisoner (maximum, medium, or minimum) may have the capability of providing security of that classification only.
History
- Statutory Authority: MS s 401.03
Minn. R. 2900.0200 General Conditions for Design of Corrections Facilities
Subpart 1. General.
The design shall not cause conflicts in the necessary functions of activities. No activity shall be terminated or delayed by cause created because of another necessary activity.
Subp. 2. Location of staff work stations and control rooms; general.
Staff work stations and control rooms shall be situated to provide the greatest degree of observation of traffic flow and supervised internal activities as possible. A staff work station or control room shall be located on the same floor of the building as prisoner living areas for usage by custodial staff whose primary duties are the day-to-day supervision of prisoners of a local facility. Where staff are employed as combination jailer/dispatchers, such staff work station or control room shall be located on the same floor of the building as prisoner living areas. Dispatcher work stations or control rooms need not be located on the same floor as prisoner living areas when such staff are not responsible for the supervision of prisoners.
Subp. 3. Location of staff work stations and control rooms which supervise security activities.
Staff work stations and control rooms which supervise security activities shall be separated from the public and the prisoners by security barriers, and shall be protected from direct observation from the outside of the facility.
Subp. 4. Separation of prisoners; general.
The design shall provide for separation of prisoners and the public; the prisoners and the staff; prisoners of one classification and another; prisoners and unauthorized areas of the facility.
Subp. 5. Maximum security prisoners; generally.
There shall be provisions to conduct all maximum security prisoner functions within the security perimeter of the facility. There shall be a minimum of two physical barriers between maximum security prisoners and freedom during unsupervised activities.
Subp. 6. Storage areas.
Storage areas shall be sufficient to provide adequate space for separation and security of keys, weapons, drugs and medications, tools, evidence, recovered stolen property, mattresses, linens and bedding, housekeeping equipment and supplies, clothing, prisoners' property, canteen and hygiene items, and records. Secure weapon depositories separate and distinct from armories shall be provided outside the security areas for the temporary safekeeping of officers' weapons.
Subp. 7. Service deliveries.
The design shall provide for service deliveries to be accomplished without interfering or interacting with the security of the facility.
Subp. 8. Two-way communications.
Electrical auditory two-way communications shall be provided between control stations and prisoner areas of the facility.
Subp. 9. Padlocks.
Padlocks shall not be used in place of a security lock on any door, window, or cabinet within the security perimeter of the facility.
Subp. 10. Corridors.
No prisoner traffic corridor shall be less than five feet in width in security areas.
Subp. 11. Illumination.
Illumination levels shall meet current recommendations of the Illumination Engineers Society.
Subp. 12. Confidentiality of communication.
The design of the facility shall provide for communication to be accomplished with the required levels of confidentiality.
Subp. 13. Visitor accommodations.
Visiting provisions shall be designed to provide flexibility in the degree of security required to accommodate both noncontact visiting as well as privileged visiting in the situations that require and justify this level of interaction. Visiting space shall be provided so that at least one-tenth of the facility's capacity can be accommodated at any time. At least 25 square feet per prisoner visiting station shall be provided.
Subp. 14. Entrance.
Each entrance of a facility shall be constructed to permit the control room or secure reception area observation and identification of the person(s) seeking admission prior to their gaining access to a security area.
Subp. 15. Noise levels.
Provision shall be made for the maintenance of a noise level averaging no higher than 65 to 70 decibels in the daytime and 40 to 45 decibels at night for the prisoner living areas. Attention shall be given to restrict noise levels in one area of the facility from interfering with activities in another area.
Subp. 16. Cleanability of surfaces.
All exposed surfaces of the facility's physical plant, equipment, or furnishings utilized therein shall be of materials and construction which provide for cleanability of surfaces without unreasonable effort.
Subp. 17. Storage space for prisoner living area.
Each prisoner living area shall be provided with a minimum of six cubic feet of storage space per prisoner.
Subp. 18. Hot water.
All hot water to prisoner showers and washbasins shall be tempered to 105 degrees Fahrenheit to 120 degrees Fahrenheit.
Subp. 19. Air temperature.
All facilities shall be designed and provided with necessary equipment to maintain temperatures in prisoner living areas between 65 and 71 degrees Fahrenheit during winter months and between 66 and 85 degrees Fahrenheit during summer months.
Subp. 20. Floor surface.
Nonskid, nonslip flooring shall be provided on all stairways, ramps, and shower floors.
Subp. 21. Smoke and heat detection.
Smoke and heat detection equipment shall be provided in all facilities.
Subp. 22. Closed-circuit television.
The use of closed-circuit television equipment shall be approved by the department on an individual case basis upon review of the facility design concept and staffing plan. Closed-circuit television equipment shall not be approved for usage in situations where the department has determined that the usage of same is inconsistent with proper security practices, the legal rights of prisoners, or is being used in lieu of adequate staff resources.
Subp. 23. Ceiling height.
All cells or detention rooms shall have a minimum ceiling height of eight feet. All dormitories designed for a capacity of ten or more prisoners shall have a minimum ceiling height of nine feet.
Subp. 24. Separation of eating areas.
All eating areas outside of cells or detention rooms shall be visually apart from toilet and shower facilities.
Subp. 25. Separation of security areas.
Minimum security areas of the facility shall be adequately separated from other areas of the facility with more stringent security classifications.
Subp. 26. Isolation areas; location.
Isolation areas shall be located so that all prisoners, regardless of classification or sex, may have access without violating privacy and security requirements.
Subp. 27. Space for programmed activities.
Jails and adult corrections facilities shall provide space designed to conduct constructive programmed activities that can include outsiders in areas other than the living areas of the facility without compromising the security and control of the facility's operation.
Subp. 28. Multipurpose room for lockups.
Lockups shall provide at least one multipurpose room that may be used for such purposes as religious services, small group counseling, etc.
Subp. 29. Use of maximum security cells.
Maximum security cells are designed with the intended use being only for adult males classified as dangerous. However, justifiable exceptions will be accepted for all prisoners whose use of such a facility is necessary.
Subp. 30. Auxiliary power source.
Each facility shall have an auxiliary source of power which is capable of providing light, heat, and communication during a power failure.
History
- Statutory Authority: MS s 401.03
Minn. R. 2900.0300 New Construction of Administrative and Public Areas
Subpart 1. General.
Administrative, clerical, maintenance, and service personnel shall be provided with office and storage space to meet established and projected needs which shall be separate and apart from the inner security areas and prisoner-occupied areas of the facility.
Subp. 2. Public areas; generally.
Public areas shall be situated so as not to interfere with all necessary functions of the facility and shall provide for the comfort and convenience of the public including sufficient seating, toilets, lavatories, drinking fountains, and telephones.
Subp. 3. Public access.
Public areas of the facility shall provide a controlled access to the building and to all security areas of the building.
History
- Statutory Authority: MS s 401.03
Minn. R. 2900.0400 Construction of Receiving Area; General
Intake and receiving areas shall be located in an area protected from the public, but separate from the areas occupied by the other prisoners of the facility.
Each receiving area of a facility shall provide for privacy of searching, showering, and processing of an admission as well as a secure holding area properly equipped for the convenience of the detainee for up to six hours of detention. There shall be provisions for storage for clothing issued and property received.
History
- Statutory Authority: MS s 401.03
Minn. R. 2900.0500 Construction of Living Area
Subpart 1. Segregation of prisoners.
The design of the facility shall provide for proper segregation of prisoners.
Subp. 2. Separation of males and females.
Male and female areas shall be so situated as to preclude the need for staff and/or prisoners of the opposite sex from routinely trafficking in each others' areas.
Subp. 3. Prisoner privacy.
Prisoners' rights to privacy from degrading, unauthorized observation shall be protected without compromising the security and control of the facility.
Subp. 4. Level of floor line.
No living area shall have a floor line more than three feet below the adjacent ground level.
Subp. 5. Ventilation and heating vents.
All ventilation and heating vents shall be located so as not to create an air flow directly on a bed or eating area.
Subp. 6. Furnishings.
Basic provisions for each cell or detention room shall include a toilet, sink, abuse-resistant mirror, drinking faucet, desk or table, seating bench or chair, wall closet or shelf, bed or bunk, and light with abuse-resistant lens covering.
Subp. 7. Shower facilities.
Each residential area shall provide a shower facility of a minimum of 36 inches by 36 inches for each 15 prisoners, adjacent to the living area. Shower facilities are prohibited in cells and detention rooms.
Subp. 8. Exercise area.
Each room or cell in lockups, jails, and adult corrections centers shall be adjacent to an enclosed exercise area or connected by corridor having direct access which provides a minimum of 40 square feet per prisoner for numbers under four, an overall average of 36 square feet per prisoner for numbers over four, but in no event, an area less than 75 square feet. Holding facilities are not required to provide such exercise areas.
Each exercise area shall be equipped with a fixed table and benches providing a minimum of three square feet per prisoner for at least 50 percent of the prisoner capacity of the area served by such exercise area, a telephone jack, an audio sound monitor, at least one controlled electrical outlet, and if separate from direct access to rooms having toilets, a toilet, sink, drinking faucet, and modesty panel.
Subp. 9. Examination, treatment, and convalescent care.
Each lockup, jail, and adult corrections center shall provide an area for the examination, treatment, and convalescent care of prisoners, situated separate and apart from other living areas, but within the security perimeter of the facility. Holding facilities are not required to provide such an area.
Subp. 10. Occupancy levels.
All living areas other than dormitories (three or more beds) shall be single occupancy. Dormitory capacity shall be limited to no more than 25 percent of the total capacity of the facility.
Subp. 11. Outdoor recreation space.
Adult corrections centers shall provide outdoor recreational space for prisoners compatible with the security classification of prisoners confined.
History
- Statutory Authority: MS s 401.03
Minn. R. 2900.0600 Construction Standards for Security Areas
Subpart 1. Cell, room, dormitory sizes.
Each maximum security cell, medium security cell, or detention room shall provide for at least 70 square feet of floor space within the cell or detention room.
Minimum security rooms shall provide a minimum of 50 square feet of floor space per prisoner when unrestricted access to exercise, dayroom, or program areas is permitted. Seventy square feet of floor space is required when such access is not permitted.
Dormitories shall provide three or more beds and a minimum of 60 square feet of floor space per prisoner within the dormitory exclusive of toilet and shower areas. Dormitories shall not be used in maximum security areas.
Subp. 2. Inspection corridors.
Each maximum security cell shall be located at least 44 inches away from an outside wall, separated from the wall with an inspection corridor.
A 44-inch inspection corridor providing visibility of medium security living areas shall be provided. Such corridor need not be between the exterior wall and prisoners.
Subp. 3. Access to outside windows or doors.
No area occupied by a maximum security prisoner which is unsupervised directly by staff shall have direct access to an outside window or door.
No area occupied by medium or minimum security prisoners which is unsupervised directly by staff shall have direct access to an outside door.
Subp. 4. Exterior and natural light orientation.
Maximum security cells or dayrooms and exercise areas shall have access to natural light through the 44-inch inspection corridor required under subpart 2.
Medium security cells or detention rooms and minimum security rooms shall be located either on an outside wall which provides a window for natural lighting or on a dayroom area which provides this condition.
Medium and minimum security dormitories shall be located on an outside wall which provides windows for natural lighting.
Subp. 5. Sally ports.
Each entrance to a maximum or medium security prisoner living area shall be provided with a sally port large enough to accommodate a stretcher with both gates or doors closed.
Subp. 6. Maintenance access to plumbing, heating, and light fixtures.
Maximum security cells shall be constructed to permit maintenance of plumbing, heating, and light fixtures from outside the prisoner area.
Subp. 7. Prisoner access to plumbing and heating fixtures.
Heat registers, thermostats, electrical outlets, and plumbing pipes shall be located out of the reach of maximum security prisoners.
Heat registers may be located in medium and minimum security areas but shall be protected by security screen. Electrical outlets may be located in medium and minimum security areas but shall have a shutoff switch outside the prisoner area. Thermostats shall be located outside of medium and minimum security areas with heat sensors provided in prisoner areas as necessary. Plumbing pipes shall not be exposed to medium security prisoners.
Subp. 8. Sewer lines.
Each sewer line shall be equipped with at least a two-inch cleanout plug located within 18 inches of each toilet and a shutoff valve on each water line located outside the prisoner area.
Subp. 9. Plumbing fixtures.
Plumbing fixtures used in maximum or medium security areas shall be either aluminum or stainless steel security fixtures.
Subp. 10. Abuse resistance.
All materials accessible to prisoners used in the construction of maximum security shall be capable of withstanding serious damage for a period of two hours, using that which is normally available within that area.
All materials accessible to prisoners used in the construction of medium security shall be capable of withstanding serious damage for a period of one hour, using that which is normally available within that area.
The design and furnishings of minimum security areas shall be developed with normalcy in mind, but in keeping with the design, purpose, classification, and use of the remainder of the facility.
Subp. 11. Locking devices.
Maximum security cell doors shall be equipped with locking devices that provide the capability to lock all doors either collectively or separately from outside the prisoner area.
Medium and minimum security cell, detention room, or dormitory doors may be equipped with locking devices that provide the capability to lock all doors either collectively or separately from outside the prisoner area.
Subp. 12. Vent openings.
Vent openings shall be no larger than seven inches of the diameter of a circle or 5-1/2 inches of a side of a rectangular opening.
Subp. 13. Grillage.
Grillage bars shall consist of tool resistant steel, a minimum of seven-eighths inch in diameter, spaced no more than six inches on center vertically with lateral bar supports 3/16 inch thick at least every 18 inches. Grillage shall not be used in minimum security areas.
Subp. 14. Glass.
All glass shall consist of polycarbonite and tempered glass combination materials, or bullet and heat resistant glass, which in either case shall be no less than one-half inch thick and greater as proportionately correlated in thickness with the overall size of the opening and the use. Architects shall verify state building code glass requirements in fire-resistive construction.
Subp. 15. Concrete walls, floors, and ceilings.
All concrete walls, floors, ceilings shall be prepared in accordance with the Manual of Standard Practice, Concrete Reinforcing Steel Institute. All concrete shall be reinforced with intermediate grade steel meeting requirements of deformed billet-steel bars three-eighths inch in diameter for reinforced concrete ASTM A 615, Grade 60.
Mesh reinforcing shall be welded wire fabric reinforcing ASTM A 185 steel wire of size indicated and spot welded at intersections.
Placement of concrete shall be in accordance with ACI 304. Portland cement ASTM C 150 Type I shall be used for general concrete work. Fine aggregate ASTM C 33 100 percent passing of no. 4 sieve coarse aggregate ASTM C 33 three-fourths inch. Concrete mix design, 3,500 psi for general use, three inches maximum slump.
Subp. 16. Wall construction.
A. Maximum security walls shall consist of one of the following:
B. Medium security walls shall consist of one of the following:
Subp. 17. Ceiling construction.
A. Maximum security ceiling construction shall consist of one of the following:
B. Medium security ceiling construction shall consist of one of the following:
Subp. 18. Floor construction.
Maximum and medium security floors shall consist of one of the following:
A. poured, reinforced concrete, six inches thick, using minimum of nine gauge expanded metal, or three-eighths inch steel rod six inches on center;
B. prestressed concrete sections laid side by side with minimum of 2-1/2 inches concrete or terrazzo slab using nine gauge expanded metal;
C. medium security floors may consist of quarry tile with a full setting bed method of installation;
D. a slab on grade shall be a minimum of four inches reinforced concrete with 6 X 6 to 10/10 welded wire mesh (ten gauge wire six inches o.c. each way). Quarry tile, resinous terrazzo, or an equivalent floor finish shall be applied.
Subp. 19. Door construction.
Maximum and medium security doors shall consist of one of the following:
A. Grillage type, consisting of tool resistant steel bars, seven-eighths inch diameter, spaced no more than six inches on center vertically with lateral bar supports at least every 18 inches; equipped with security hinges, food pass (5 inches by 12 inches minimum), a dead bolt security lock.
B. Hollow metal door, 14 gauge steel minimum, equipped with security hinges, a lockable food pass (5 inches by 12 inches minimum), view panel and speak through, a manual or electrical security dead lock. Face sheets of hollow metal doors shall be of 14 gauge steel minimum and an all steel core shall be used which will provide the following performance data: A static load of 14,000 pounds should be applied at quarter points on the door panel, with less than three-fourths inch deflection and without any failure of the door panel or welds after the load has been removed. The door panels should be subjected to a rack or twist test by placing 7,500 pounds on one unsupported corner of the 14 gauge hollow metal door panel, with the other end of the door clamped in a lock position, and the third corner of the door supported with a vertical member. No permissible failure can occur in the door panel nor any of the welds during or after the 7,500 pounds is removed.
C. All hollow metal doors shall be six feet eight inches minimum height, 30 inches minimum width.
D. Grillage doors less than six feet eight inches minimum height, 30 inches width shall be approved by the department prior to construction. No grillage door shall be approved less than six feet high by two feet one inch wide, set three inches above finish floor, six feet three inches minimum opening height. All openings shall comply with state building code height and width requirements.
Subp. 20. Window construction.
Maximum and medium security window construction shall consist of one of the following:
A. solid metal frame windows no wider than 5-1/2 inches (no movable parts) to be used only in conjunction with a mechanical air exchange and temperature control system; or
B. louvered or awning type windows, encased in security frames, containing rolled steel bars between panes not wider than six inches on center and covered on the inside by security screen (no less than 18 gauge or greater than one-fourth inch mesh openings) and mosquito screen on the outside.
Subp. 21. Hardware.
All hardware used in maximum security areas shall be designed for maximum security use. All hardware in maximum and medium security areas shall be attached, using security type or tamper-proof fasteners that face away from the prisoner area. All electrically operated hardware shall provide for manually operated key override in an emergency. Electric hinges shall be equipped with concealed wires so that electric parts are not exposed after hinge is installed. All vent guards shall be constructed of tool-resistant steel, or the opening guarded by observable tool-resistant steel bars, meeting grillage specifications. Pipe chase doors or access panels shall consist of not less than one-eighth inch steel plate, locked with a security dead lock, or be of construction materials comparable to maximum security hollow metal steel doors. All hardware used in medium security areas shall be designed for medium security use.
Subp. 22. Medium security dormitories.
Medium security dormitories shall be equipped with one fixed bed per prisoner; one ceiling or wall light per two beds, covered with an abuse resistant lens; one toilet and modesty panel for each eight prisoners; one sink and abuse resistant mirror for each eight prisoners; one shower, minimum 36 inches by 36 inches, for each 15 prisoners; one abuse resistant eating table with seating benches that provide a minimum of three square feet of space per prisoner with capacity for each prisoner up to six, but no less than six in dormitories larger than capacity for six and no less than 60 per cent of the total capacity level, whichever is greater; one fixed dresser or wall locker per prisoner.
Subp. 23. Minimum security rooms.
Minimum security rooms shall be equipped with a bed, desk or table, clothes closet, mirror, ceiling or wall light, and chair. Minimum security rooms shall be located separate and apart from other areas of the facility requiring higher degrees of security, but within the overall security perimeter of the facility.
Dayroom areas of at least 40 square feet per one-half of the total minimum security capacity, but no less than 120 square feet shall be provided adjacent to the sleeping area and shall be equipped for a T.V., and with telephone jack, table, seating facilities, electrical outlets. All power supplies shall be controlled by staff from outside the prisoner area.
One toilet and modesty panel, sink, and mirror shall be provided for each eight prisoners and one shower, minimum 36 inches by 36 inches, shall be provided for each 15 prisoners, when not provided in the individual rooms.
Doors are not required to be equipped with dead lock or dead latching mechanisms.
Subp. 24. Minimum security dormitories.
Minimum security dormitories shall be equipped with the following items per prisoner: bed or bunk, wall locker or wall shelf and clothes hooks, mirror, dresser, chair, eating tables and chairs shall be provided to accommodate one-half the total capacity of the dormitory. Additional furnishings may be permitted such as divider panels, T.V. set, radio, lounge chair, and any other article which is normally used in residential living, but would not constitute a disproportionate security threat to the remainder of the facility.
Minimum security dormitories shall be located separate and apart from other areas of the facility requiring higher degrees of security, but within the overall security perimeter of the facility.
One toilet and modesty panel, sink, and mirror shall be provided for each eight prisoners and one shower, minimum 36 inches by 36 inches, shall be provided for each 15 prisoners. Such facilities may be adjacent to or apart from the dormitory proper, but must be within the immediate vicinity. Facilities may be gang type or individual when more than one is required. All privacy requirements found elsewhere in these standards apply.
Visiting shall be provided outside and apart from the dormitory area. When dayrooms are not provided, a room shall be provided for the visiting of minimum security prisoners. Such room may be the same as that provided other prisoners for privileged visiting, i.e., with attorneys, clergy, etc., providing it does not cause serious conflict in the maintenance of security for the remainder of the facility.
Doors are not required to be equipped with dead lock or dead latching mechanisms.
History
- Statutory Authority: MS s 401.03
Chapter 2905 COMMUNITY CORRECTIONS ACT
Minn. R. 2905.0100 Definitions
Subpart 1. Scope.
For the purposes of this chapter the following terms have the meanings given them.
Subp. 2. Act.
"Act" means the Community Corrections Act, Minnesota Statutes, chapter 401.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of corrections or a designee.
Subp. 4. Community corrections system.
"Community corrections system" means the organizational structure or network which exists or is proposed to exist within the county which will enable the local criminal justice system and other elements of the community to utilize the correctional programs and services outlined in the comprehensive plan.
Subp. 5. Comprehensive plan.
"Comprehensive plan" means the working document developed by the local corrections advisory board and approved by the county board or boards or joint board for the implementation and operation of community based correctional programs pursuant to Minnesota Statutes, section 401.01, subdivision 1.
Subp. 6. Participating county.
"Participating county" means one or more contiguous counties subject to the provisions of Minnesota Statutes, section 401.01, subdivision 1, which has been designated by the commissioner to receive funds under Minnesota Statutes, sections 401.01 to 401.16, through the approval of the comprehensive plan.
Subp. 7. Planning county.
"Planning county" means one or more contiguous counties subject to the provisions of Minnesota Statutes, section 401.02, subdivisions 1 and 2, which has established a local corrections advisory board for the purpose of developing a comprehensive plan.
Subp. 8. Unit of service.
"Unit of service" means each project, program, or activity outlined in the comprehensive plan including, but not limited to, probation services, parole services, supervised release services, court service activities, jail programs, evaluation services, training programs, and residential programs.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601; 17 SR 1279
Minn. R. 2905.0200 Introduction
Subpart 1. Authority.
Minnesota Statutes, section 401.03 provides that the commissioner of corrections promulgate rules for the implementation of Minnesota Statutes, sections 401.01 to 401.16. This chapter is intended to meet that requirement.
Subp. 2. Purpose.
The purpose of this chapter is to provide a framework within which services will be delivered and coordinated in the various areas of the state where the Community Corrections Act is operational.
Subp. 3. Responsibility for planning.
The Community Corrections Act places responsibility for correctional planning and implementation at the local level of government. This chapter is intended to ensure that the various planning efforts are compatible with one another and with the basic requirements of the state's correctional system.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0300 Application for Participation
Subpart 1. Application.
Application for participation by a county or group of counties pursuant to Minnesota Statutes, section 401.02, subdivision 1, shall consist of a resolution of intent to participate under the provisions of the Community Corrections Act, provided subsidy funds are available.
Subp. 2. Approval.
Approval of the application by the commissioner shall designate the county as a planning county pursuant to Minnesota Statutes, section 401.02, subdivision 2, and shall establish that calendar year as the basis for determining the current level of spending referred to in Minnesota Statutes, section 401.12.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0400 Development of Comprehensive Plan
Subpart 1. Technical assistance.
The commissioner shall ensure that the local units of government are provided with technical assistance from the Minnesota Department of Corrections in the development of a comprehensive plan.
Subp. 2. Submittal of plan.
The comprehensive plan must be submitted to the commissioner:
A. 30 days prior to initial participation under the provisions of the Community Corrections Act; and
B. 30 days prior to the beginning of each subsequent calendar year in a format designated by the commissioner.
Subp. 3. Long format.
At the time of initial participation under the provisions of the Community Corrections Act and every fourth year after that, the comprehensive plan must be in a long format.
Subp. 4. Short format.
For each year not requiring the long format, the comprehensive plan must be in a short format.
Subp. 5. Format forms.
Both short and long forms shall be provided by the commissioner.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0500 Changes in Comprehensive Plan and Budget
Subpart 1. General requirement.
When participating counties wish to change the comprehensive plan during the calendar year, it shall be done by amendment, reallocation, or transfer.
Subp. 2. Amendment.
Amendments will be required when new units of service are added to or existing units are deleted from a comprehensive plan during a calendar year. Amendments will be processed in the same manner, and will require the same approvals as the comprehensive plan submitted for each calendar year.
Subp. 3. Reallocation.
Reallocation will be required when a community corrections system shifts funds between identified units of service, and the funds exceed ten percent of the approved budget for either unit of service, and also exceed $5,000. The ten percent will apply to individual reallocations and to cumulative shifts during a calendar year. Reallocation will require the advance approval of the administrator of the community corrections system, the Corrections Advisory Board, and the commissioner.
Subp. 4. Transfer.
Transfer of funds not constituting reallocation as specified in subpart 3, require the advance approval of the administrator of the community corrections system, and are to be reported to the commissioner at the end of the calendar quarter on forms provided by the commissioner.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0600 Information Systems and Evaluation
Subpart 1. Information system.
Each community corrections system must develop and implement an information system which is in compliance with applicable security and privacy regulations; and must annually provide data requested by the commissioner.
Subp. 2. Evaluation and research designs.
Each community corrections system shall develop and implement evaluation designs and research designs.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0700 Training and Education
Subpart 1. Training.
Each county or group of counties participating in the act shall implement training programs necessary to meet the needs of line staff, administrative staff, the local corrections advisory board, major components of the local criminal justice system, and the community at large.
Subp. 2. Subsidy.
A sum no less than the equivalent of two percent of the total subsidy shall be used to develop and implement training and educational programs.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0800 Fiscal Management
A community corrections system shall designate one person for the supervision of all fiscal matters related to the subsidy received under the provisions of Minnesota Statutes, sections 401.01 to 401.16. This person shall comply with state and county rules governing the management of county funds and shall provide information to the Corrections Advisory Board and the commissioner at least quarterly on forms provided by the commissioner.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.0900 County Assumption of State Probation, Parole, and Supervised Release Cases
Subpart 1. Service.
Each county participating under the act shall provide service to all interstate and intrastate probation, parole, and supervised release clients.
Subp. 2. Training.
The commissioner shall provide necessary orientation training for counties to assume probation, parole, and supervised release services previously provided by the state.
Subp. 3. Forms.
The commissioner shall provide forms for a county's compliance with subpart 2.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.1000 Use of Existing Community Resources
Subpart 1. Local resources.
Each community corrections system shall utilize agencies and organizations established in the community to deliver medical and mental health care, education, counseling and rehabilitative services, employment services, and other similar social services. The local community corrections system, in planning its total range of correctional programs and projects, shall establish a presumption in favor of resources already existing in the community.
Subp. 2. Duplication of services.
If the community corrections system intends to initiate services or programs which duplicate those already existing in the community, clear evidence must be presented in the comprehensive plan to demonstrate that existing services are either inappropriate or unavailable to meet identified correctional needs.
Subp. 3. Access to services.
Each community corrections system shall take steps to ensure that all clients of programs or projects under its jurisdiction have access to the same services, activities, and opportunities available to citizens generally, provided that this access is consistent with the demonstrated needs of the program or project and the necessity to protect the public safety.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.1100 Program Relevance to Correctional Objectives
Each program specified in the comprehensive plan or designated to receive Community Corrections Act funds shall have a clear relationship to correctional objectives. Programs for which no such relationship can be demonstrated will not be eligible for Community Corrections Act funds.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Minn. R. 2905.1200 Local Programs and Services
Subpart 1. Program requirements.
Each community corrections system shall take such action as necessary to assure that programs utilized by the system are in compliance with items A to D and will provide written assurance of the existence of these four points and their availability to the commissioner upon request.
A. All programs, other than conventional probation, parole, and supervised release supervision, shall develop and make available to referral sources, written client eligibility criteria. The community corrections system shall regularly advise courts and sentencing judges of the extent and availability of services and programs within its system to permit proper sentencing decisions and realistic evaluation of alternatives.
B. A single case record for each individual admitted to a program or served by an agency shall be maintained by the agency or program director to contain clear, concise, and accurate case information. Individual case records shall be maintained on a current basis and updated at least quarterly. Each client shall have access to all material in his or her file, with the exception of that information classified confidential by law.
C. The rights of offenders receiving service from any program included in the comprehensive plan must be protected.
D. All programs included in the comprehensive plan must be in compliance with applicable provisions of this chapter and local, state, and federal laws.
Subp. 2. Written assurance.
The above-mentioned written assurance of rules, policies, and procedures shall be included in the first comprehensive plan submitted to the commissioner.
History
- Statutory Authority: MS s 401.03
- History: 8 SR 601
Chapter 2910 ADULT DETENTION FACILITIES
Minn. R. 2910.0100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.0900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.1900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.2900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.3900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.4900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5400 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5500 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5600 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5700 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5800 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.5900 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.6000 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.6100 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.6200 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Minn. R. 2910.6300 [Repealed, 23 SR 1834]
[Repealed, 23 SR 1834]
Chapter 2911 JAIL FACILITIES
Minn. R. 2911.0100 Introduction
A. This chapter provides minimum standards for public and private correctional facilities throughout the state established and operated for the detention and confinement of persons detained or confined according to law except to the extent that they are inspected or licensed by other state regulating agencies. Facilities may request technical assistance from the department in determining whether they are eligible for a variance to a specific standard under this chapter.
B. Nothing in this chapter shall be construed to prevent the establishment of job descriptions, work assignments, channels of communication, or personnel policies with merit systems or collective bargaining agreements.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0200 Definitions
Subpart 1. Scope.
For the purpose of this chapter, the following terms have the meanings given them.
Subp. 2. Administrative segregation.
"Administrative segregation" means the status of an inmate prone to escape, prone to assault staff or other inmates, or likely to need protection from other inmates or self, an inmate with a mental illness or a developmental disability who is in need of special care, or an inmate on medical isolation or infirmary status.
Subp. 3. Assistant jail administrator.
"Assistant jail administrator" means an administrative officer who assists the facility administrator responsible for managing and operating the facility.
Subp. 4. Admission or intake.
"Admission" or "intake" means the processing of an inmate upon entry into a facility.
Subp. 5. Alternative sentence.
"Alternative sentence" includes, but is not limited to, a sentence including court ordered sanctions that allow one or more of the following:
A. work release;
B. intermittent sentences;
C. community service;
D. sentencing to service requirements;
E. educational release; or
F. electronic monitoring.
Subp. 6. Average daily population.
"Average daily population" means the average number of inmates residing daily during the last calendar year. An inmate on furlough or hospitalized is excluded. Average daily population is calculated by dividing the total number of inmate days served in the facility by the number of days in the calendar year.
The total number of inmate days includes computation of any time an inmate spends in the community on alternative sentence when the inmate's primary residence for that day is the correctional facility governed by this chapter.
An offender on electronic monitoring or other sentencing sanction who reports to a sanction such as community or sentencing to service programs from a residence is not to be considered in average daily population computation.
Subp. 7. Booking.
"Booking" in a detention facility is a procedure for the processing of a person charged with or convicted of an offense, and includes procedures such as searching, fingerprinting, photographing, medical screening, and collecting personal history data.
Subp. 8.
[Repealed, 38 SR 523]
Subp. 9. Cell.
"Cell" means a sleeping space in a detention facility for the confinement of not more than two inmates, except as approved by the Department of Corrections.
Subp. 10. Cellblock or housing unit.
"Cellblock" or "housing unit " means a group of cells immediately adjacent and directly accessible to a dayroom.
Subp. 11. Class I facility.
"Class I facility" means a secure adult detention facility used to confine inmates for a time not to exceed 72 hours excluding holidays or weekends. A Class I facility is known as a holding facility.
Subp. 12. Class II facility.
"Class II facility" means a secure adult detention facility used to confine inmates before an appearance in court and sentenced inmates for a time not to exceed 90 days. A Class II facility is known as a lockup facility.
Subp. 13. Class III facility.
"Class III facility" means a secure detention facility used to confine sentenced inmates for a time not to exceed any limits set by Minnesota Statutes, adult pretrial and presentenced detainees indefinitely, and juveniles up to the limits prescribed by Minnesota Statutes and commissioner approval. A Class III facility is known as a jail facility.
Subp. 14. Class IV facility.
"Class IV facility" means a minimum security adult detention facility used to confine sentenced inmates for a time not to exceed any limits set by Minnesota Statutes or adult pretrial or presentenced detainees indefinitely. A Class IV facility is known as a jail annex.
Subp. 15. Class V facility.
"Class V facility" means a secure adult detention facility used to detain adult pretrial and presentenced detainees indefinitely. A Class V facility is known as an adult detention center.
Subp. 16. Class VI facility.
"Class VI facility" means a facility used to confine presentenced and sentenced inmates for periods of time not to exceed any limits set by Minnesota Statutes. A Class VI facility is known as an adult corrections facility.
Subp. 17. Classification.
"Classification" means a process for determining the needs and security requirements of inmates for whom confinement has been ordered and for assigning the inmates to housing units and programs according to their needs and existing resources.
Subp. 18.
[Repealed, 38 SR 523]
Subp. 19. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Corrections.
Subp. 20. Contraband.
"Contraband" means an item possessed by an inmate or found within the facility that is prohibited by statute or facility policy. This includes items that are authorized but in excess of allowable limits.
Subp. 21.
[Repealed, 38 SR 523]
Subp. 22. Control center.
"Control center" means a secure post within a facility where security activities are monitored and controlled.
Subp. 23. Controlled substance.
"Controlled substance" means a medication, substance, or immediate precursor in Schedules I to V of Minnesota Statutes, section 152.02.
Subp. 24. Crowded facility.
"Crowded facility" means a condition when the facility's operational capacity is exceeded.
Subp. 25.
[Renumbered subp 56a]
Subp. 26. Custody personnel.
"Custody personnel" means those staff whose primary duty is supervision of inmates.
Subp. 27. Dayroom.
"Dayroom" means a room that is adjacent to a cell or cells or detention room, and that is used as a dining, exercise, or other activity room for inmates.
Subp. 28. Department of Corrections or DOC.
"Department of Corrections" or "DOC" means the Minnesota Department of Corrections.
Subp. 29. Disciplinary segregation.
"Disciplinary segregation" means the status assigned an inmate following a hearing in which the inmate was found in violation of a facility rule or state or federal law or the status assigned an inmate before a hearing when segregating the inmate is determined to be necessary in order to reasonably ensure the security of the facility.
Subp. 30. Dormitory.
"Dormitory" means a housing unit designed to house no fewer than three nor more than 48 inmates. Dormitory includes sleeping and dayroom areas.
Subp. 31. Emergency.
"Emergency" means a significant incident or disruption of normal facility procedures, policies, routines, or activities.
Subp. 32. Emergency care.
"Emergency care" means medical or dental or mental health care of an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call.
Subp. 33.
[Repealed, 38 SR 523]
Subp. 34.
[Repealed, 38 SR 523]
Subp. 35. Facility.
"Facility" means a county, multiple county, or private corrections facility of a Class I to Class VI type.
Subp. 36. Facility administrator.
"Facility administrator" means the individual who has been delegated the responsibility and authority for the administration and operation of a facility.
Subp. 37.
[Repealed, 38 SR 523]
Subp. 38. First aid.
"First aid" means emergency treatment administered to injured or sick persons before professional medical care is available.
Subp. 38a. General population.
"General population" means inmates who are typically classified as medium-risk. This group may also include reclassified inmates from special-management or mininum-security status. This group is most often the majority of inmates in a facility.
Subp. 39. Health authority.
"Health authority" means an individual or agency licensed to practice medicine and provide health services to the inmate population of the facility or the physician at an institution with final responsibility for decisions related to medical judgments.
Subp. 40. Health care personnel.
"Health care personnel" means an individual whose primary duty is to provide health services in accordance with their respective license. The individual must be a RN, LPN, nurse practitioner, physician, or physician assistant.
Subp. 41. Health-trained staff person.
"Health-trained staff person" means a person who provides assistance to the responsible physician or health care personnel in keeping with the person's levels of education, training, and experience.
Subp. 42. Holding area.
"Holding area" means a cell or room used to hold one or more persons temporarily.
Subp. 43.
[Repealed, 38 SR 523]
Subp. 44. Indigent.
"Indigent" means an inmate with no funds or source of income.
Subp. 45. Individual with a disability.
"Individual with a disability" means a person who has a physical or mental impairment that substantially limits one or more major life activities, a record of an impairment, or is regarded as having an impairment.
Subp. 46. Inmate or detainee.
"Inmate" or "detainee" means an individual, adult, or juvenile, detained or confined in a Class I to Class VI facility.
Subp. 47.
[Repealed, 38 SR 523]
Subp. 48. Informed consent.
"Informed consent" means the agreement by an inmate to a treatment, examination, or procedure after the inmate receives the material facts regarding the nature, consequences, risks, and alternatives concerning the proposed treatment, examination, or procedure.
Subp. 49. Inspection.
"Inspection" means an assessment of existing conditions made to determine the facility's compliance with this chapter.
Subp. 49a. Intermittent sentence.
"Intermittent sentence" means a court-ordered sanction that requires a person to report to a Class I to Class VI facility on more than one occasion under the same sanction.
Subp. 50.
[Renumbered subp 58a]
Subp. 51. Life safety code.
"Life safety code" means minimum standards for fire safety published and updated by the National Fire Protection Association and other authorities having jurisdiction.
Subp. 52. Limited use agreement.
"Limited use agreement" means a written agreement between the Department of Corrections and local officials that restricts a facility's operation and establishes timelines for facility improvements.
Subp. 53.
[Repealed, 38 SR 523]
Subp. 54.
[Repealed, 38 SR 523]
Subp. 55. Medication.
"Medication" means any remedial agent that has the property of curing, preventing, treating, or mitigating diseases, or that is used for that purpose. For the purposes of this chapter, medication includes prescription and nonprescription medications.
Subp. 56. Minimum security area.
"Minimum security area" means an area that provides functional living accommodations with a nominal reliance on physical security for the control and management of inmates.
Subp. 56a. Overcrowded facility.
"Overcrowded facility" means a condition when the facility's approved bed capacity is exceeded.
Subp. 56b. Override.
A. "Override" means the assignment of a custody level other than the one designated by scored custody and needs assessment and is based upon professional judgment and factors that are not captured by the classification forms.
B. "Discretionary override" means a change in classification based upon the professional judgment of the classification staff, and the inmate's crime, prior record, or institutional adjustment.
C. "Nondiscretionary override" means a formal policy to prohibit the placement of certain inmates from the general population housing or minimum security housing.
Subp. 57. Perimeter security.
"Perimeter security" means a system that controls ingress and egress to the interior of a facility. The term may also include electronic devices, walls, fences, sally ports, and patrols.
Subp. 58. Policy.
"Policy" means a written statement declaring mission and purpose.
Subp. 58a. Prescription medication.
"Prescription medication" means a medication that is required by federal law to bear the following statement: "Caution: Federal law prohibits dispensing without prescription."
Subp. 59. Procedure.
"Procedure" means a written statement establishing the action plan to implement policy.
Subp. 60. Responsible physician.
"Responsible physician" means an individual licensed to practice medicine and provide health services to the inmate population of the facility or the physician at an institution with final responsibility for decisions related to medical judgments.
Subp. 61. Sally port.
"Sally port" means an enclosure situated in the perimeter wall or fence of the facility containing gates or doors at both ends, only one of which opens at a time, ensuring there will be no breach in the perimeter security of the facility.
Subp. 62. Secure facility.
"Secure facility" means a facility that is designed and operated to ensure that all entrances and exits are under the exclusive control of the facility's staff.
Subp. 63.
[Repealed, 38 SR 523]
Subp. 63a. Security equipment.
"Security equipment" means an approved security device used by staff as a response to or prevention of resistance.
Subp. 64. Security perimeter.
"Security perimeter" means the outer portions of a facility that provide for secure confinement of facility inmates.
Subp. 65.
[Repealed, 38 SR 523]
Subp. 65a. Segregation area.
"Segregation area" means an area of the facility that houses inmates requiring either prehearing detention, administrative segregation status, or lockdown time for disciplinary violations. This area is separate from the general population and houses inmates individually.
Subp. 65b. Sexual misconduct.
"Sexual misconduct" means any sexual contact or sexual acts between inmates or between inmates and staff that is either illegal or maltreatment under Minnesota Statutes. Sexual misconduct includes consensual sexual contact or acts between staff members and inmates.
Subp. 65c. Special management area.
"Special management area" means an area that provides the greatest degree of physical security for the control and separation of inmates.
Subp. 66. Special management inmate.
"Special management inmate" means an inmate who presents a serious threat to safety or security of the facility, staff, general inmate population, or self.
Subp. 67. Special needs inmate.
"Special needs inmate" means an inmate whose mental or physical condition requires special handling and treatment by staff.
Subp. 68.
[Repealed, 38 SR 523]
Subp. 69. Substantially conform.
"Substantially conform" means a compliance rating of 100 percent on rules under part 2911.0300, subpart 5a, item B, and 90 percent compliance on rules under part 2911.0300, subpart 5a, item C.
Subp. 70.
[Repealed, 38 SR 523]
Subp. 71. Variance.
"Variance" means an exception to a specific rule or rules for a specified period of time.
Subp. 72.
[Repealed, 38 SR 523]
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; L 2013 c 62 s 32; 38 SR 523
Minn. R. 2911.0300 Intended Use and Nonconformance with Rules
Subpart 1. Intended use.
A facility shall be used only according to its classification, Class I to Class VI, as approved by the Department of Corrections. A Class I facility may be approved by the commissioner to house inmates serving alternative sentences for a time not to exceed any limits set by Minnesota Statutes. A Class II facility may house inmates serving an alternative sentence for a time not to exceed any limits set by Minnesota Statutes. A facility must be in compliance with a rule part, subpart, or item as designated under subpart 5a in order to meet approval requirements for continued operation unless the commissioner waives the part, subpart, or item. The commissioner shall assess a facility based on compliance with rules applicable to the facility's classification at the time of the facility's last inspection.
Subp. 2. Nonconformance, unsafe, unsanitary, or illegal conditions.
When conditions do not substantially conform or where specific conditions endanger the health, welfare, or safety of inmates or staff, the facility's use is restricted pursuant to Minnesota Statutes, section 241.021, subdivision 1, or legal proceedings to condemn the facility will be initiated pursuant to Minnesota Statutes, section 641.26 or 642.10.
Subp. 3. Comparable care.
A facility that houses males and females shall provide comparable care for each group.
Subp. 4. Correction of deficiencies.
Sanctions for violation of mandatory rules are as follows.
A. For a level one sanction, the facility inspector shall issue a written compliance order to the facility administrator and governing body for correction of deficiencies within a specified time up to 180 days.
B. For a level two sanction, the facility inspector shall issue a written compliance order to the facility administrator and governing body that requires submission of a written plan of action inclusive of time lines for correction of any deficiency allowed more than 180 days for correction. The DOC shall grant or deny approval of the action plan in writing within 30 days of receiving the action plan.
C. For a level three sanction, when compliance is not achieved within time lines ordered or action plans are not implemented as approved by the DOC, the facility inspector shall submit to the facility administrator and governing body a limited use agreement for review, signature, and return within a specified time.
D. For a level four sanction, when compliance with the rules under subpart 5a, item B, cannot be achieved because of serious life-safety and physical plant deficiencies, the commissioner shall specify a duration of time, known as the sunset authorization period, after which the facility will no longer have the authority to operate.
E. For a level five sanction, when level one to level four sanctions have not resulted in correction of deficiencies, the commissioner shall exercise restricted use or condemnation authority under subpart 2.
Subp. 5.
[Repealed, 38 SR 523]
Subp. 5a. Rule compliance.
A. A facility must meet the requirements of this subpart in order to be in compliance with this chapter.
B. A facility must comply with 100 percent of the following rules unless specifically excluded under that rule:
C. A facility must comply with at least 90 percent of parts 2911.0330 to 2911.7600 that are not listed in item B.
Subp. 6. Appeals.
The facility administrator or governing body may appeal the time line for correction of a standard deficiency by submitting an appeal in writing within 30 days of receiving the compliance order to the commissioner of corrections, Minnesota Department of Corrections.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0330 Approved Capacity
Subpart 1.
[Repealed, 38 SR 523]
Subp. 2. Approved bed capacity.
Approved bed capacity, excluding holding areas and beds designed for disciplinary or administrative segregation purposes, shall be based on the following criteria:
A. single occupancy cells shall provide a minimum of 70 square feet of floor space per inmate;
B. single occupancy cells or detention rooms in facilities used for detention or confinement of inmates prior to May 15, 1978, shall provide a minimum of 50 square feet of floor space per inmate;
C. dormitories shall provide a minimum of 60 square feet of floor space per inmate; and
D. double occupancy cells shall provide a minimum of 70 square feet of floor space.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0340 Design Capacity
Subpart 1. Design capacity.
The "design capacity" of a facility is determined by the number of beds in the facility as calculated in the same manner as for approved bed capacity with the addition of holding cells and those beds designed for segregation or special management purposes.
Subp. 2.
[Repealed, 38 SR 523]
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0350 [Repealed, 38 SR 523]
[Repealed, 38 SR 523]
Minn. R. 2911.0360 Operational Bed Capacity
The operational bed capacity of the facility shall be a percentage of the approved bed capacity level to accommodate peak population demands and separation requirements, and partial closing for maintenance and housekeeping.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0370 Variance Bed Capacity
When a variance is authorized by the Department of Corrections pursuant to part 2911.0400, subpart 1, the facility may exceed its bed capacity level.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0400 Variances
Subpart 1. Variances, generally.
The granting of a variance under this part for one facility shall not constitute a precedent for any other facility. The granting and denial of variances shall be in writing and made within 30 days of the request for a variance. The variance shall be granted by the commissioner if, in the licensing procedure or enforcement of this chapter, all of the following are present:
A. requiring a particular facility to strictly comply with one or more of the provisions will result in undue financial hardship or jeopardize the health, safety, security, detention, or well-being of the inmates or facility staff;
B. the facility is otherwise in substantial conformity with this chapter or is making satisfactory progress toward substantial conformity;
C. granting the variance will not preclude the facility from making satisfactory progress toward substantial conformity with this chapter;
D. granting the variance will not leave the interests and well-being of the inmates or facility staff unprotected; and
E. the facility will take substitute action as is necessary or available to comply with the general purpose of this chapter to the fullest extent possible.
Subp. 2. Emergency notification.
When a facility administrator declares an emergency, the applicable rules may be suspended during the duration of the emergency. The facility administrator or designee shall notify the DOC in writing within 72 hours of an emergency that results in the suspension of any rule under this chapter.
Subp. 3.
[Repealed, 38 SR 523]
Subp. 4. Suspension limit.
A suspension of rules because of an emergency declared by a facility administrator or a designee shall not exceed seven days unless the administrator obtains the approval of the commissioner of corrections for a variance to the rules and the variance is necessary:
A. for the protection of the health, security, safety, detention, or well-being of the staff or the inmates detained or confined in the institution where the emergency exists; or
B. when an emergency public safety issue has occurred.
Subp. 5.
[Renumbered 2911.3700 subp 6]
Subp. 6.
[Renumbered 2911.3700 subp 7]
Subp. 7. Notification.
The facility administrator or a designee shall notify the DOC in writing of each instance of failure to maintain population at or below the facility approved bed capacity for more than seven consecutive days or 15 days of any month in which the facility has had an average daily population greater than its approved bed capacity.
Subp. 8. Overcrowded facility plan.
Whenever an overcrowded facility condition occurs and the conditions in subpart 7 exist, a facility shall have a written plan that requires the use of available contract per diem bed space in DOC-approved facilities within a 125-mile radius. The plan shall require the following.
A. The facility administrator may exceed approved capacity established under parts 2911.0330 to 2911.0370 only when no space is available for contract per diem usage within 125 miles.
B. The unavailability of space shall be documented at least once each day for continuing authority to exceed capacity.
C. Documentation shall set forth persons contacted, identification of the facility they represent, the date and time of contact, and a statement that the person advised that contract per diem space was not available.
Subp. 9. Intermittent sentence contingency plans.
A facility shall have a written plan that governs space arrangements and procedures to be followed in the event the number of inmates in the facility at 8:00 a.m. on any day and the number of inmates serving intermittent sentences scheduled for admission into the facility that day will exceed the facility's approved bed capacity.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0600 Staff Recruitment
Custody personnel shall be a minimum of 18 years of age. Recruitment standards shall set forth the basic requirements as to age, ability, preparatory experience, physical condition, and character. Recruitment standards shall also establish factors that may disqualify an applicant. Discrimination shall be prohibited consistent with Minnesota Statutes, section 363A.08.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0700 Employee Evaluation
Consistent with Minnesota Statutes, an employee shall complete a probationary period and be evaluated during the probationary period before being permanently appointed. The evaluation shall be in writing, discussed with the employee, and made a part of the employee's personnel record.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0800 Extra Duty
An employee shall be scheduled for no more than 12 hours consecutive work in any 24 hours except where unusual circumstances require reasonable and prudent exception.
Coverage for vacations, military leave, jury duty, scheduled training, and similar activities is not to be considered as unusual circumstances requiring reasonable and prudent exception. Each of these coverage needs is known to the facility administration with sufficient lead time to allow proactive scheduling to maintain compliance with the 12-hour standard requirements.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.0900 Staffing Requirements
Subpart 1. Staffing plan and staffing analysis.
The facility administrator shall prepare and retain a staffing plan.
The staffing plan shall identify:
A. jail personnel assignments for:
B. the days of the week that the assignments are filled;
C. the hours of the day that the assignments are covered; and
D. any deviations from the plan with respect to weekends, holidays, or other atypical situations must be considered. The facility administrator or designee shall review the facility's staffing plan at least once each year. The review shall be documented in written form sufficient to indicate that staffing plans have been reviewed and revised as appropriate to the facility's needs or referred to the facility's governing body for funding consideration. A facility with a design capacity of more than 60 beds must have a staffing analysis and staffing plan approved by the commissioner of corrections. This staffing analysis shall include all posts, functions, net annual work hours appropriate to each post, and total number of employees to fill the identified posts and functions.
Subp. 2. Administrator.
There shall be a single administrator of each facility.
Subp. 3. Class I and Class II facilities.
In Class I and Class II facilities with average daily inmate populations of less than 30, the administrator may be a designated staff person with primary responsibility other than administration of the facility.
Subp. 4. Class III facilities.
Class III facilities with average daily inmate populations under 30 shall have a full-time staff person employed as facility administrator/program coordinator who shall not be classified as a custody person whose primary duty is supervision of inmates.
Subp. 5. Class I to Class VI facilities.
Class I to Class VI facilities with average daily inmate populations exceeding 30 shall have a single administrator of the facility whose duties are solely related to administration of the facility.
Subp. 6. Centralized administration.
In Class I to Class VI facilities where multiple facilities are under a centralized administration, the total average daily inmate population of facilities involved shall determine the level of facility administration required. Where multiple facilities are under a centralized administration, the most stringent facility classification requirement with respect to facility administration shall be met.
Subp. 7. Assistant jail administrator.
Where the custodial responsibility of inmates exceeds 60, an assistant jail administrator shall be required. Assistant jail administrators shall not be classified as custody personnel whose primary duties are supervision of inmates.
Subp. 8. Staff person in charge.
Facility administration shall designate a staff person to be in charge at all times in the absence of administrative staff from the facility.
Subp. 9. Condition of custody staff person on duty.
An inmate shall not be detained without custody staff on duty, present in the facility, awake and alert at all times, and capable of responding to emergencies or the reasonable needs of inmates.
Subp. 10. Supervision of inmates of opposite gender.
Staff members shall not be placed in positions of responsibility for the supervision and welfare of inmates of the opposite gender in circumstances that can be described as invasion of privacy, degrading, or humiliating to the inmates. When staff of one gender are used as program resource personnel with inmates of the opposite gender, staff of the inmates' gender must be on duty and in the facility.
Subp. 11. Maintenance personnel and custody staff; separation of duties.
Maintenance personnel shall be employed to perform preventive, routine, and emergency maintenance functions. Custody staff shall not be given physical plant maintenance duties that detract from their primary responsibilities for ongoing supervision of inmates.
Subp. 12. Assistance for dispatcher or custody staff person.
In a facility that uses the dispatcher or custody position as sole supervision, the dispatcher or custody staff person must be assisted on duty by another custody staff person when the facility's inmate population exceeds five.
Subp. 13.
[Repealed, 38 SR 523]
Subp. 14. Backup resource assistance.
In facilities that use the dispatcher or custody position as sole supervision, policy and procedures shall be implemented that assure a reasonable level of security and backup resource assistance for the dispatcher or custody person in circumstances that require emergency response assistance. The DOC shall review and approve the policy and procedures.
Subp. 15. Ratio of custody staff to inmates, reporting incidents, and responding to emergencies.
A. A facility with a design capacity of 60 or fewer beds shall meet the staffing ratios in this item. For inmate supervision, the overall facilitywide minimum ratio of custody staff to inmates shall be one custody officer to 25 inmates. These staff must be in the facility and on duty at all times and not involved in temporary duties outside of the facility. Included in this ratio are all staff who are assigned and trained in the custody and supervision of inmates as their primary duty. Staff not directly responsible for custody and supervision of inmates such as administrative, supervisory, program, bailiff, or support staff shall not be included in this ratio.
B. A facility with a design capacity of 60 or more beds shall meet the staffing ratios in this item. For inmate supervision, the overall facilitywide minimum ratio or custody staff to inmates shall not be less than:
C. A facility administrator may apply for a specific variance from the staffing requirements in this subpart from the commissioner. Consideration of this variance shall require that supervision of inmates is accomplished in an appropriate manner and that the safety and security of the facility, staff, and inmates are not compromised.
Subp. 16.
[Repealed, 38 SR 523]
Subp. 17. Escort, movement, or booking staff.
Class I to Class VI facilities' staff shall be provided as follows:
A. internal escort, rover, or movement officers in sufficient numbers as determined in the approved staffing plan under this subpart to ensure that inmates have access to staff, programs, activities, and services, and that the safety and security of the facility is not compromised;
B. sufficient staff present to provide for the booking of offenders without a reduction in the safety or security of the facility and inmates;
C. in multifloor jails, custody staff posted on each floor occupied by inmates; and
D. sufficient numbers of staff to complete duties listed in post orders. Class I to Class VI facility staff shall not be used for the external transportation of inmates or court security if the level of inmate supervision, inmate admission, programs, or internal inmate movement would be reduced below minimums afforded under the facility's staffing plan.
Subp. 18. Program staff requirements for Class II.
In a Class II facility a staff person shall be designated to coordinate community services and volunteer programming.
Subp. 19. Class I exemptions.
Class I facilities are exempt from the requirement in subpart 18, except those facilities approved by the commissioner to house inmates serving alternative sentences.
Subp. 20. Coordination of programs.
In a Class III and Class VI facility, a staff person shall be designated to coordinate educational and vocational programs, social service programs, work release, and volunteer services programs. The following minimum inmate to program staff ratio shall apply for the average daily population:
A. 30 or under, program staffing needs comply with subpart 4;
B. 31 to 60, one full-time program staff person; and
C. over 60, program staffing needs are addressed as part of the overall facility staffing plan.
Subp. 21. Class IV facilities.
Class IV facilities shall meet the same requirements as Class III facilities unless 75 percent or greater of the inmates served are on a work release, educational release, community service, or sentencing to service status. When such is the case the program staff requirements may be reduced by 50 percent for the Class IV facility. When Class III and Class IV facility program staff requirements are met from a central source, rather than at each facility independently, the total program staff must be representative of the requirements applicable to each facility.
Subp. 22. Class V facilities.
Class V facilities with 60 or fewer inmates shall provide program staff at one-half the ratio required for Class III facilities. If over 60 inmates, a staffing plan is required for assessment.
Subp. 23. Custody staff override.
The ratio of custody staff to inmates may be reduced proportionate to the facility's population decrease during those hours that inmates are released from the facility for work release, educational release, community service, or sentencing to service activities.
No override reduction is allowed in any facility using a custody staff person or dispatcher as sole supervision or facilities using staffing patterns that employ one dispatcher and one custody staff person.
Facilities using the override allowed in this subpart must document the number of inmates in the facility on an hourly basis and those under the facilities' jurisdiction that are temporarily released from the facility for work, education, community service, or sentencing to service programs. The facility shall also document the number of available custody staff for the population housed in the facility on an hourly basis.
Subp. 24. Program staff increase override.
The number of program staff required shall be increased in facilities that provide program oversight and supervision of alternative to incarceration programs such as home detention, electronic monitoring, or sentencing to service involving offenders who are not incarcerated or detained in the facility a portion of each day.
Subp. 25. Support staff requirements.
Support staff requirements are as follows: clerical, maintenance, and food service staff shall be provided to meet operational requirements applicable to the facility.
Subp. 26. Ancillary functions.
Personnel shall be provided to perform ancillary functions such as transportation or court escort to the extent necessary to ensure that security, supervision of inmates, the administration of program activities, and the efficient operation of the facility are not reduced or jeopardized by such activities.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1000 Training Plan
A facility administrator or designee shall develop and implement a training plan for the orientation of new employees and volunteers and provide for continuing in-service training programs for all employees and volunteers. Training plans shall be documented and describe curriculum, methods of instruction, and objectives. In-service training plans shall be prepared annually and shall provide documentation indicating that training for individual employees has taken into consideration their length of service, position within the organization, and previous training completed.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1100 [Renumbered 2911.1200 subpart 1]
[Renumbered 2911.1200 subpart 1]
Minn. R. 2911.1200 Clerical and Support Employees with Regular or Daily Inmate Contact; Training
Subpart 1. Minimal inmate contact.
A facility shall have a written policy and procedure that provides that all new clerical and support employees that have minimal inmate contact receive 24 hours of orientation and training during their first year of employment. Sixteen of these hours are completed before being independently assigned to a particular job. Persons in this category are given an additional 16 hours of training each subsequent year of employment.
Subp. 2. Regular or daily inmate contact.
A facility shall have a written policy and procedure that provides that all new clerical and support employees who have regular or daily inmate contact receive 40 hours of orientation and training during their first year of employment. These hours are to be completed before being independently assigned to a particular job. The employees are given an additional 16 hours of training each subsequent year of employment. At a minimum, this training covers the following areas:
A. security procedures and regulations;
B. rights and responsibilities of inmates;
C. all applicable emergency procedures;
D. interpersonal relations and communication skills; and
E. first aid.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1300 Custody Staff Training
A facility shall have a written policy and procedure that provides that all custody staff receive 120 hours of orientation and training during the first year of employment. Forty of these hours are completed prior to being independently assigned to a particular post. All persons in this category are given an additional 16 hours of training each subsequent year. At a minimum, training completed before independent assignment to a particular post shall include:
A. security procedures;
B. supervision of inmates;
C. signs of suicide risk and suicide precautions;
D. vulnerable inmates;
E. response to resistance regulations and tactics;
F. report writing;
G. inmate rules and regulations;
H. rights and responsibilities of inmates;
I. fire and emergency procedures;
J. key control;
K. interpersonal relations and communication skills;
L. diversity training;
M. distribution of medications;
N. right to know; and
O. blood-borne pathogens and communicable diseases.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1350 Medical Training for Custody Staff
By policy and procedure a training program shall be established by the facility administrator in cooperation with the health authority, that provides instruction in the following areas:
A. first aid training for custody personnel responsible for the supervision, safety, and well-being of prisoners;
B. recognition of signs and symptoms of illness and knowledge of action required in potential emergency situations;
C. administration of first aid and cardiopulmonary resuscitation (CPR). Recertification training shall occur as required with respect to first aid and CPR. The training shall be documented;
D. methods of obtaining assistance;
E. recognition of signs and symptoms of mental illness, developmental disability, emotional disturbance, and chemical dependency; and
F. procedures for inmate transfers to appropriate medical facilities or other health care providers.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523; L 2014 c 312 art 27 s 77
Minn. R. 2911.1400 Administrative and Managerial Staff Training
A facility shall have a written policy and procedure that provides that the facility's administrative and managerial staff receive at least 16 hours of orientation. Orientation training shall include, at a minimum, general management and related subjects, data practices, decision-making processes, labor law, employee-management relations, the interaction of elements of the criminal justice system, and relationships with other service agencies. After orientation, a facility's administrative and managerial staff shall receive at least 16 hours of training annually.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1500 Program Staff Training
A facility shall have a written policy and procedure that provides that the facility's program personnel receive at least 40 hours of orientation and training in the first year of employment, and at least 16 hours of training each year thereafter. This training must cover, at a minimum:
A. security procedures and regulations;
B. planning;
C. development, and implementation of treatment, educational, and recreational programs;
D. inmate and staff rules and regulations;
E. rights and responsibilities of inmates;
F. emergency procedures;
G. interpersonal relations;
H. interaction of elements of the criminal justice system; and
I. first aid.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1600 Designated Training Officer
A facility shall have a designated training officer responsible for:
A. maintenance of training plans as required in part 2911.1000;
B. maintenance of training records in sufficient detail to allow inspector assessment of compliance with parts 2911.1200 to 2911.1700; and
C. documentation of waivers of training requirements based on equivalent training received before employment or demonstrated competency through proficiency testing.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1700 Waivers of Training Requirements
Training requirements may be waived by the facility administrator or a designated training officer:
A. when it has been determined that an individual has received equivalent training within an appropriate time before employment such as completion of first aid training with current certification of the training; or
B. when the training officer or designee has tested the employee for proficiency and competency to demonstrate skills or knowledge required and the employee has met the required proficiency and competency level for certification of the training.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834
Minn. R. 2911.1800 Job Descriptions
A facility administrator or designee shall have a written job description for all position classifications and post assignments that define responsibilities, duties, and qualifications.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.1900 Policy and Procedure Manuals
A facility shall have a written policy and procedure manual that is electronically available to staff and relevant regulatory authorities and defines the philosophy and method for operating and maintaining the facility. This manual shall be made available to all employees, reviewed annually, updated as needed, and staff trained accordingly. The manual shall include, at a minimum, the following chapters:
A. correctional standards required under this chapter;
B. administration and organization;
C. fiscal management;
D. personnel;
E. training;
F. inmate records;
G. safety and emergency;
H. security and control;
I. sanitation and hygiene;
J. food service;
K. medical and health care services;
L. inmate rules and discipline;
M. communication, mail, and visiting;
N. admissions, orientation, classification, property control, and release;
O. inmate activities, programs, and services; and
P. a written suicide prevention and intervention plan. The facility administrator or designee shall review policy and procedure manuals at least once each year. The review shall be documented in written form sufficient to indicate that policies and procedures have been reviewed and amended as appropriate to facility changes.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2000 [Repealed, 38 SR 523]
[Repealed, 38 SR 523]
Minn. R. 2911.2100 Storage and Preservation of Records
Space shall be provided for the safe storage of records.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2200 Filing and Disposition of Inmate Records
Inmate records shall be filed into individual folders or maintained through technology such as computerized record systems that permit an inmate's record to be readily accessed at one source.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2300 Privacy of and Access to Inmate Records
Privacy of inmate records and inmate access to factual, nonconfidential data in the inmate's personal files shall be provided in conformity with state law.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2400 Detention Information System Requirements
The facility administrator shall designate a staff person responsible for reporting of information on persons detained or incarcerated to the DOC in a manner consistent with requirements in the DOC's Statewide Supervision System, Detention Entry Guide (2010) and any amendments, which is incorporated by reference, subject to frequent change, and available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155. Detention information system reporting requirements shall be met in an accurate manner daily.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2500 Separation of Inmates
Subpart 1. General.
A combination of separate housing units inclusive of special management areas, general population, and minimum security areas and cells, dormitories, and dayroom spaces shall be provided to properly segregate inmates pursuant to Minnesota Statutes, section 641.14.
The facility shall provide for the separate housing of the following categories of inmates:
A. female and male inmates;
B. community custody inmates such as work release or sentencing to service;
C. inmates requiring disciplinary segregation;
D. inmates requiring administrative segregation;
E. juveniles who do not meet Minnesota statutory requirements for placement with adults;
F. special management, general population, and minimum security inmates as considered appropriate to the facilities design intent and classification system; and
G. inmates classified as mentally ill or special needs inmates in a manner consistent with Minnesota Statutes, section 253B.051.
Subp. 2. Supervision of coeducational activities.
Direct supervision of coeducational activities shall be provided at all times.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2525 Admissions
Subpart 1. Policies and procedures.
A facility shall have written policies and procedures for processing new inmates to the facility to include, at a minimum, the following:
A. obtaining and documenting available emergency medical information within two hours of admission;
B. verification of court commitment papers or other legal documentation of detention. Verification shall include checking the date of admission, duration of confinement, and specific charges;
C. a search of the inmate and the inmate's possessions;
D. inventory and storage of the inmate's personal property;
E. initial medical screening to include an assessment of the inmate's health status, including any medical or mental health needs;
F. telephone calls made by the inmate during the booking and admission process and prior to assignment to other housing areas;
G. shower and hair cleansing;
H. issue of bedding, clothing, and personal hygiene items according to the rule requirements applicable to the anticipated length of stay of the inmate;
I. photographing and fingerprinting including notation of identifying marks or unusual characteristics such as birthmarks or tattoos;
J. interviewing to obtain the following identifying data:
K. initial classification of the inmate and assignment to a housing unit;
L. an assigned booking number; and
M. Social Security number, driver's license number, or state identification number, if available.
Subp. 2. Privacy.
Intake procedures dealing with information protected by the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, shall be conducted in a manner and location that assures the personal privacy of the inmate and the confidentiality of the transaction from unauthorized personnel.
Subp. 3. Orientation to rules and services.
A facility shall develop a written policy and procedure that provides:
A. a method for all newly admitted inmates to receive orientation information in a manner the inmates can understand; and
B. documentation by a statement that is signed and dated by the inmate that the inmate completed orientation.
Subp. 4. Inmate personal property.
A facility shall have a written policy and procedure that:
A. provides for the itemized inventory and secure storage of all personal property of a newly admitted inmate, including money and other valuables;
B. specifies any personal property an inmate may retain in the inmate's possession; and
C. provides that the inmate shall sign a receipt for all property held until release.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2550 Releases
Subpart 1. Release procedures.
A facility shall have written procedures for releasing inmates that include, at a minimum, the following:
A. verification of identity;
B. verification of authority to release;
C. return of stored property with a receipt for the inmate to sign, unless the property is held for authorized investigation or litigation; and
D. arrangements for completion of any pending action, such as grievances, or claims for damaged or lost possessions.
Subp. 2. Transportation.
An inmate shall be permitted to make arrangements for transportation prior to release.
Subp. 3. Release in severe weather.
An inmate shall not be released in severe weather in a manner to endanger the inmate's health, safety, or well-being.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2600 Classification of Inmates
Subpart 1. Policy and procedure.
A facility shall have a written policy and procedure that provides for inmate classification in terms of level of custody required, housing assignment, participation in facility programs, and use of any overrides. The facility's policy and procedure on classification shall include consideration of the following:
A. inmate gender;
B. juvenile or adult status;
C. category of offense;
D. severity of current charges, convictions, or both;
E. degree of escape risk;
F. potential risk of safety to others and self;
G. institutional disciplinary history;
H. serious offense history;
I. special needs assessment, inclusive of vulnerable adults, which includes a determination of how medical needs, mental health needs, developmental disability, or other behavioral or physical limitations or disabilities may impact on the classification of an inmate and appropriate housing of same; and
J. special management inmate status.
Subp. 2. Status change.
The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers, override functions, and major changes in programs. The plan shall include an appeal process for classification decisions. The use of any override shall be documented.
Subp. 3. Requirement for a Class IV facility.
No inmate shall be detained or incarcerated in a Class IV facility without having completed a classification review by the facility administrator or designee of the Class IV facility's parent facility resulting in a determination that the inmate is appropriate for minimum security housing.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; L 2005 c 56 s 2; 38 SR 523
Minn. R. 2911.2700 Information to Inmates
Subpart 1. Information made available to inmates.
Copies of policies and rules governing conduct and disciplinary consequences; procedures for obtaining personal hygiene and commissary items; and policies governing visiting, correspondence, bathing, laundry, and clothing and bedding exchange shall be made available to all inmates.
Information will be made available to disabled inmates including those that are hearing impaired, visually impaired, or unable to speak in a form that is accessible to them.
Information required under this subpart shall be available in English. There shall be procedures in place to address the language barriers of non-English-speaking inmates.
Policy and procedures shall ensure, to the extent practical, that inmates who are unable to speak English are provided with the information outlined in this part within 24 hours of admission to the facility in a form that is accessible to the inmate.
Subp. 2. Program options and activities.
An inmate shall be provided written information on program options and activities within 24 hours of admission, excluding weekends and holidays. A facility staff member shall review program options and activities with inmates who are unable to read, within 24 hours of admission, excluding weekends and holidays.
A Class I facility is exempt from this requirement with the exception of those approved by the commissioner to house inmates serving alternative sentences.
Subp. 3. Official charge, legal basis for detention.
An inmate admitted to a facility shall be advised of the official charge or legal basis for detention and confinement.
Subp. 4. Data privacy.
An inmate admitted to a facility shall be advised of rights under Minnesota data privacy statutes with respect to information gathered by the facility and to whom the information will be disseminated.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2750 Inmate Hygiene
Subpart 1. Personal hygiene.
The facility administrator or designee shall have and implement a written policy for personal hygiene practices of all inmates to include special assistance for those inmates who are unable to care for themselves. A written policy and procedure shall require that articles needed for personal hygiene are available to all inmates, and include at a minimum, the following:
A. soap;
B. toothbrush;
C. toothpaste;
D. shampoo;
E. shaving equipment;
F. materials essential to feminine hygiene;
G. comb; and
H. toilet paper.
Subp. 2. Delousing materials.
Delousing materials and procedures shall be approved through consultation with the responsible health authority.
Subp. 3. Bathing or showering.
Each inmate shall be permitted daily bathing or showering.
Subp. 4. Indigent inmates.
An indigent inmate shall receive the personal hygiene items in subpart 1 at facility expense.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2800 Administrative Segregation
Subpart 1. Administrative segregation.
Each facility administrator or designee shall develop and implement policies and procedures for administrative segregation.
Subp. 2. Separate and secure housing.
Administrative segregation shall consist of separate and secure housing, but shall not involve any more deprivation of privileges than is necessary to obtain the objective of protecting the inmate, staff, or public.
Subp. 3.
[Repealed, 38 SR 523]
Subp. 4. Policy.
Written policy and procedure shall provide that the status of inmates in administrative segregation is reviewed every seven days. These policies shall provide:
A. that the review is documented and placed in the inmate's file;
B. that the inmate in administrative segregation receive visits from the facility administrator or designee a minimum of once every seven days as a part of the administrative review process; and
C. that the review process that is used to release an inmate from administrative segregation is specified.
Subp. 5.
[Repealed, 38 SR 523]
Subp. 6. Protective custody.
Written policy and procedure shall provide that an inmate is separated from the general population for purposes of protective custody only when there is documentation that protective custody is warranted and segregation is the least restrictive alternative available.
Subp. 7. Deprivation report.
Written policy and procedure shall provide that whenever an inmate in administrative segregation is deprived of any usually authorized item or activity, a report of the action is made and forwarded to the facility administrator or designee.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2850 Inmate Discipline Plan
Subpart 1. Plan.
A facility shall have an inmate discipline plan that explains the administrative sanctions for specific behaviors, omissions, the administrative process for handling major and minor violations, the right to internal review, and the review process.
Subp. 2. Disciplinary segregation.
A facility administrator or designee shall have and implement policies and procedures for disciplinary segregation. An inmate on disciplinary segregation status must be separated from the general population.
Subp. 3. Due process.
Disciplinary segregation shall be used only in accordance with due process to include at a minimum:
A. published rules of conduct and penalties for violation of rules;
B. written notice of alleged violation of a rule;
C. the right to be heard by an impartial hearing officer and to present evidence in defense:
D. the right to appeal;
E. the status of an inmate placed on disciplinary segregation for more than 30 continuous days subsequent to a disciplinary hearing shall be reviewed, approved, and documented by the facility administrator or designee at least once every 30 days, and the facility shall develop written policy, procedure, and practice that provides that inmates in disciplinary segregation receive visits from the facility administrator or designee at least once every seven days as a part of the disciplinary segregation review process;
F. an inmate placed in segregation for an alleged rule violation shall have a disciplinary hearing within 72 hours of segregation, exclusive of holidays and weekends, unless documented cause can be shown for delays. Examples of causes for delay are inmate requests for delay, or logistical impossibility, as in the case of mass disturbances; and
G. the facility administrator or designee can order immediate segregation when it is necessary to protect the inmate or others. This action is reviewed and documented within three working days.
Subp. 4. Other limitations on disciplinary actions.
A facility shall have written policy, procedure, and practice that provides that whenever an inmate in segregation is deprived of any usually authorized item or activity, a report of the action is made and forwarded to the facility administrator.
Subp. 5. Delegation.
Delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates is prohibited.
Subp. 6. Removing clothing and bedding.
The facility administrator or designee shall have a policy and procedure for removing clothing and bedding from an inmate. The following shall be included:
A. clothing and bedding shall be removed from an inmate only when the inmate's behavior threatens the health, safety, or security of self, other persons, or property. When appropriate, alternative clothing and bedding shall be issued;
B. clothing and bedding shall be returned to the inmate as soon as it is reasonable to believe the behavior that caused the action will not continue;
C. the decision to deprive an inmate of articles of clothing or bedding shall be reviewed by the officer in charge or the supervisor during each eight-hour period; and
D. the review shall be documented.
Subp. 7. Disciplinary records.
A facility shall have written policy and procedure, that provides that, when rule violations require formal resolution, staff members prepare a disciplinary report and forward it to the designated supervisor. Disciplinary reports prepared by staff members shall include the following information:
A. specific rules violated;
B. a formal statement of the charge;
C. an explanation of the event, which should include who was involved, what transpired, and the time and location of the occurrence;
D. unusual inmate behavior;
E. staff and inmate witnesses;
F. disposition of any physical evidence;
G. any immediate action taken, including the response to resistance; and
H. reporting staff member's signature, and date and time report is made.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.2900 Grievance Procedure
A written grievance procedure with at least one level of appeal shall be made available to all inmates.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3000 [Repealed, 38 SR 523]
[Repealed, 38 SR 523]
Minn. R. 2911.3100 Inmate Activities and Programs
Subpart 1. Written plan.
A facility administrator or designee shall have and implement a written plan for the constructive scheduling of inmate time. The plan shall:
A. identify programs offered in the facility and when the programs are offered;
B. identify persons conducting the program and whether or not the persons are facility staff, external community resources under contract, or volunteers;
C. be consistent with established legal rights of inmates, type and status of inmates detained in the facility, and rule requirements associated with the facility's classification;
D. provide inmates with the option to refuse to participate in facility programs, except work assignments and programs required by statute or court order;
E. when males and females are housed in the same facility, provide comparable opportunities for participation in programs and services; and
F. require documentation of programs offered and inmates participating in programs.
Subp. 2. Practice of religion.
A facility shall have written policy and procedures that grant an inmate the right to practice that inmate's religion.
Subp. 2a. Arrangements for religious services and counseling.
A facility shall have either a chaplain with the minimum qualifications of clinical pastoral education or equivalent specialized training and endorsement by the appropriate religious certifying body or a community clergy consultant meeting the qualifications to assist the facility administrator in arranging for religious services and counseling as requested.
No inmate shall be required to attend religious services. Religious services shall be held in a location that the inmates who do not wish to participate are not exposed to the service.
Attendance or lack of attendance at religious services shall not be considered a criterion for rights or privileges within the facility.
The facility administrator or designee in cooperation with the chaplain or community religious resource, plans, directs, and advises on aspects of the religious program, including approval and training of both lay and clergy volunteers from faiths represented by the inmate population.
When a religious leader of an inmate's faith is not represented through chaplaincy staff, community religious resources, or volunteers, the chaplains or community religious resource shall assist the inmate in contacting such a person. That person shall have the appropriate credentials from that faith judicatory and may minister to the inmate with the approval of the chaplain or community religious resource.
An inmate requesting private interviews or counseling in a setting not capable of being audio monitored with chaplaincy staff, community religious resources, or volunteers, or persons with the approval of the chaplain or community religious resource shall be given the opportunity within the policies as are reasonable and necessary to protect the facility's security.
Bibles or sacred books of another religion may be made available to inmates by the facility, through local library or other community resources and limited to the inmate's period of confinement.
Subp. 3. Library service.
The facility administrator or designee shall develop a library service including access to current leisure reading material such as books, magazines, and newspapers.
Legal books and references requested by inmates shall be made available to the extent resources permit. The facility shall not be responsible for the purchase of legal books and references used by inmates.
The facility shall have a designated staff person who coordinates and supervises library services.
Subp. 4. Education.
A facility shall have a written policy and procedure that provides for inmate access to educational programs, vocational counseling, and when available, vocational training. When possible, a facility shall arrange to have these educational programs delivered in a classroom specifically designed and equipped for educational or vocational programming.
Class I facilities are exempt from this requirement with the exception of those approved by the commissioner to house inmates serving alternative sentences.
Text books necessary to complete a course of study, to the extent that local resources permit, shall be made available to inmates. The facility shall not be responsible for the purchase of text books to complete a course of study.
Subp. 5. Substance abuse programs.
A facility shall have a written plan for providing services for inmate chemical dependency issues.
Subp. 6. Work assignments for adults.
Class II to Class VI facilities shall have a written inmate work assignment plan that provides for inmate work, subject to the number of work opportunities available and the maintenance of facility security. Work assignments must provide:
A. that adults not under sentence may volunteer to work but shall not be compelled to participate in work beyond maintaining the immediate living area;
B. eligibility criteria for work activities;
C. that sentenced inmates shall not be compelled to work more than ten hours per day;
D. that work shall not be required of an inmate that cannot be done by the inmate due to physical limitations;
E. work opportunities for disabled inmates; and
F. inmate working conditions that comply with all applicable federal, state, or local work safety laws, rules, and regulations.
Subp. 7. Recreation plan.
The facility administrator or designee shall have a plan providing opportunities for physical exercise and recreational activities for all inmates consistent with the facility's classification and design. Class I facilities are exempt from this requirement.
The plan shall include policies and procedures necessary to protect the facility's security and the welfare of inmates.
Policy and procedure shall provide:
A. inmates with access to recreational opportunities and equipment, including seven hours of physical exercise or recreation outside the cell and adjacent dayroom areas per week;
B. recreational opportunities a minimum of five days per week;
C. indoor space and equipment for active recreational activities in all Class II to Class VI facilities;
D. outdoor recreational space and equipment for outdoor recreational programming in all Class VI facilities. The space and equipment shall be provided in a manner consistent with the facility's security classification;
E. passive and active recreation needs and equipment for a variety of inmates consistent with the facility's classification and offenders served. As an example, activity needs of geriatric, disabled, or geriatric and disabled offenders shall be addressed;
F. inmates in segregation with a minimum of one hour a day, seven days a week, of exercise outside the inmates' cells, unless security or safety considerations dictate otherwise; and
G. discretionary access by inmates on segregation status to the same recreational facilities as other inmates unless security or safety considerations dictate otherwise. When inmates on segregation status are excluded from use of regular recreation facilities, the alternative area for exercise used shall be documented.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; L 2005 c 56 s 2; 38 SR 523
Minn. R. 2911.3200 Inmate Visitation
The facility administrator or designee shall develop and implement an inmate visiting policy. The policy shall be in writing and include:
A. attorney/client interviews allowed in a manner consistent with Minnesota Statutes, section 481.10;
B. a schedule of visiting hours that includes the days and times for visits that includes visits during the normal business day, and evenings or weekends;
C. establishment of a uniform number of permissible visits and the number of visitors permitted per visit;
D. that an adult inmate be permitted an initial visit with a member or members of the inmate's immediate family at the next regularly scheduled visiting period;
E. that all facilities schedule a minimum of eight visiting hours per week:
F. allowed visits for identified members of an inmate's immediate family;
G. when a visit to an inmate is denied for reasonable grounds on the belief that the visit might endanger the security of the facility, the action and reasons for denial shall be documented;
H. that visitors register, giving names, addresses, and relationship to inmate;
I. that any area used for inmate visiting may be subject to audio monitoring, recording, or both. The facility shall use signs and the inmate handbook to inform the inmate about audio monitoring and recording. Professional visits shall not be audio recorded, unless a court order has been issued;
J. that policies for parents, guardians, and attorneys visiting juveniles are unrestrictive as administratively possible and the initial visit of a juvenile by parents, guardians, and attorneys be permitted at any time;
K. picture identification of visitors be required for identification purposes;
L. that juvenile children be allowed to visit parents, regardless of age, as deemed appropriate by the parent or guardian accompanying the child and when a dispute over children visiting occurs between the inmate and the parent or legal guardian, the inmate be referred to the court for resolution; and
M. facility policy and procedures setting forth criteria for authorized friend visiting.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3300 Correspondence
Subpart 1. Policy and procedure.
A facility shall have a written policy and procedure that governs inmate correspondence. Policies are available to all staff and inmates and are reviewed annually, and updated as needed.
Subp. 2. Volume of mail.
The volume of written mail to or from an inmate shall not be restricted. The amount of mail stored in an inmate's cell may be limited by facility administration.
Subp. 3. Inspection and censorship.
A facility must have a written policy and procedure that requires that:
A. inmate letters, both incoming and outgoing, may be opened and inspected for contraband;
B. inmates are notified in writing when incoming or outgoing letters are rejected; and
C. letters shall not be read or censored if they are between an inmate and an elected official, officials of the DOC, attorneys, or other officers of the court, but inspection of incoming mail from the specified class of persons noted may be opened only to inspect for contraband and only in the presence of the inmate.
Subp. 4. Money.
Cash, cashiers checks, or money orders received from incoming mail shall be processed according to facility policy.
Subp. 5. Postage allowance for indigent inmates.
Indigent inmates shall receive a postage allowance sufficient to maintain communications with the persons listed in subpart 3, item C. Written policy, procedure, and practice must provide that an indigent inmate is provided with a system enabling the inmate to send a minimum of two letters or postcards per week to individuals not listed in subpart 3, item C.
Subp. 6. Material detrimental to security.
A facility shall have a written policy that restricts inmate access to materials and information that is considered detrimental to the security and orderly function of the facility.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3400 Telephone Access
A facility shall have a written policy and procedure that provides for inmate access to a telephone.
Attorney/client telephone consultation shall be allowed in a manner consistent with Minnesota Statutes, section 481.10.
Newly admitted inmates shall be permitted a local or collect long-distance telephone call to a family member or significant other during the admission process.
Inmates shall be allowed telephone access to maintain contact with family members or significant others. Nonlegal calls may be made at the expense of the inmate. The minimum time allowed per call shall be ten minutes except where there are substantial reasons to justify limitations. Nonlegal telephone conversations may be monitored and recorded.
Reasons for denial of telephone access shall be documented.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3500 Volunteers
When volunteers are used in facility programs, a written policy and procedure shall provide that a staff member is responsible for coordinating the volunteer service program. The policy includes the following elements:
A. lines of authority, responsibility, and accountability for the volunteer services;
B. a procedure for the screening and selection of volunteers;
C. an orientation training program appropriate to the nature of the assignment;
D. a requirement that volunteers agree in writing to abide by all facility rules and policies, with emphasis on security and confidentiality of information; and
E. a statement that the administrator may discontinue a volunteer activity at any time by written notice.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3600 Clothing and Property
Subpart 1.
[Renumbered 2911.3650 subp 2]
Subp. 2.
[Renumbered 2911.3650 subp 3]
Subp. 3.
[Renumbered 2911.3650 subp 4]
Subp. 4.
[Renumbered 2911.3675 subp 3]
Subp. 5. Quantity of clothing.
The facility shall have available sufficient clothing to ensure each inmate clean clothing appropriate to the season.
Subp. 6. Excess personal clothing and abandoned property.
An inmate's excess personal clothing, abandoned property, or both shall be picked up by the inmate, or released to a designated family member or friend from whom a signed property release has been secured. Property shall be stored in containers designed for this purpose and properly identified, inventoried, and secured. A documented disposition on all abandoned property shall be maintained.
Subp. 7. Personal property.
An inmate possessing personal property shall sign and receive a copy of the inventory record.
Subp. 8. Protective clothing.
A facility shall have written policy, procedure, and practice that provides for the issue of special and, where appropriate, protective clothing and equipment to inmates participating in special work assignments. The clothing is available in quantities that permit exchange as frequently as the work assignment requires.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3650 Inmate Uniform Issue and Bedding Allowance
Subpart 1. Bedding and linen.
An inmate admitted to the facility shall be issued one bath towel, one washcloth, one clean, fire-retardant mattress, two sheets or one sheet and a clean mattress cover, blankets sufficient to provide comfort under existing temperature conditions one pillow and one pillow case, if applicable.
Subp. 2. Clothing.
An inmate admitted to a facility for 72 hours or more and assigned to a living unit shall be issued a set of facility clothing.
Subp. 3. Change of clothing.
An inmate issued a change of clothing upon admission into the facility may have personal clothing returned after laundering at the discretion of the facility administrator.
Subp. 4. Issue.
The facility shall provide socks and suitable outer garments and undergarments.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3675 Laundry Services and Linen Exchange
Subpart 1. Laundry.
Laundry services shall be managed so that daily clothing, linen, and bedding needs are met.
Subp. 2. Linen.
Clean linens shall be furnished once each week, at a minimum. There shall be a posted schedule for linen exchange. Inmates detained in admission or release processing areas for periods of time not exceeding eight hours need not be issued linens and bedding.
Subp. 3. Exchanged.
Clothing shall be exchanged twice each week, at a minimum. Clothing exchange times shall be made available to inmates.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3700 Emergencies and Unusual Occurrences
Subpart 1. Emergency plan.
A facility shall have a written disaster plan. The plan shall include policies and procedures designed to protect the public by securely detaining inmates who represent a danger to the community or to themselves when the facility must be evacuated in total. The plan shall also include:
A. location of alarms and fire fighting equipment;
B. an emergency drill policy as follows:
C. specific assignments and tasks for personnel;
D. persons and emergency departments to be notified;
E. procedure for evacuation of inmates; and
F. arrangements for temporary confinement of inmates.
Subp. 2. Quarterly review of emergency procedures.
There shall be a review of emergency procedures once every three months. The review shall include:
A. assignment of persons to specific tasks in case of emergency situations;
B. instructions in the use of alarm systems and signals;
C. systems for notification of appropriate persons outside the facility;
D. information on the location and use of emergency equipment in the facility;
E. specification of evacuation routes and procedures; and
F. that the review be documented and require signature or initialing by all staff.
Subp. 3. Prompt evacuation of inmates.
A facility shall have a written policy and procedure that specifies the means for the prompt evacuation of inmates from an area of emergency.
Subp. 4. Reporting of unusual occurrences.
Incidents of an unusual or serious nature shall be reported within ten days of the incident in writing to the Department of Corrections in the format required by the department. The reports shall include the names of persons involved, staff and inmates, nature of the unusual occurrence, actions taken, and the date and time of the occurrence. Unusual occurrences requiring reporting to the DOC include such occurrences as:
A. attempted suicide;
B. suicide;
C. homicide;
D. death, by means other than suicide or homicide;
E. serious injury or illness subsequent to detention including incidents resulting in hospitalization for medical care;
F. hospitalization associated with mental health needs;
G. attempted escape or escape from a secured facility;
H. incidents of fire requiring medical treatment of staff or inmates or a response by a local fire authority;
I. riot;
J. assaults of one inmate by another that result in criminal charges or outside medical attention;
K. assaults of staff by inmates that result in criminal charges or outside medical attention;
L. injury to inmates through response to resistance by staff controlling inmate behavior;
M. occurrences of infectious diseases and action taken relative to same when a medical authority has determined that the inmate must be isolated from other inmates;
N. reporting of all notices of intent to file litigation against the facility resulting from matters related to the detention or incarceration of an inmate;
O. sexual misconduct, such as inmate on inmate, staff on inmate, and inmate on staff; and
P. use of sexual materials, electronic media for sexual purposes, or both. In the event of an emergency such as serious illness or injury where death may be imminent, individuals designated by the inmate shall be notified. Permission for notification, if possible, shall be obtained from the inmate.
Subp. 5. Inmate death.
A facility shall have a written policy and procedure that specifies actions to be taken in the event of an inmate death. When an inmate death occurs:
A. the date, time, and circumstances of the inmate's death shall be recorded in the inmate's record;
B. if the inmate dies in the facility, the coroner or medical examiner's office shall be notified;
C. personal belongings shall be handled in a responsible and legal manner;
D. records of a deceased inmate shall be retained for a period of time specified by county policy;
E. the facility administrator or designee shall ensure observance of all pertinent laws and allow appropriate investigating authorities full access to all facts surrounding the death; and
F. in the event the death involves a "vulnerable adult" notification procedures shall be followed in a manner consistent with statutory requirements.
Subp. 6. Work stoppage.
A facility shall have a written plan that provides for continuing operations in the event of a work stoppage or other job action. A copy of the plan must be available to all supervisory personnel who are required to familiarize themselves with the plan.
Subp. 7. Mass arrest.
A facility shall have a written plan that governs space arrangements and procedures to be followed in the event of a mass arrest that exceeds the approved capacity of the facility established under parts 2911.0330 to 2911.0370.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3800 Food Handling Practices
Food service shall be provided according to Minnesota Department of Health rules.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.3900 Dietary Allowances
Subpart 1. Generally.
Nutritional needs of adult inmates, and juvenile inmates housed in an adult facility, shall be met in accordance with inmate needs or as ordered by a medical professional, and meet the dietary allowances contained in this part which are based upon 2005 MyPyramid guidelines for a weekly 2,400 calories per day and meeting the 2002 Dietary Reference Intakes. A facility governed by this chapter shall have menu planning sufficient to provide each inmate the specified food servings per day contained in subparts 2 to 7.
Subp. 2. Meat or protein group.
Two or more servings per day of meat or protein shall be provided. A serving of meat or protein is equal to 14 grams or more of protein and includes food such as:
A. two to three ounces cooked weight or three to four ounces raw weight of any meat without bone, such as beef, veal, pork, lamb, poultry, and variety meats such as liver or giblets;
B. two slices prepared luncheon meat equal to two to three ounces by weight;
C. two eggs;
D. two to three ounces cooked weight of fresh or frozen fish or shellfish, or one-half cup canned fish;
E. one-half cup cooked dry beans, peas, or lentils;
F. one ounce of nuts or seeds or two tablespoons of peanut butter;
G. three ounces of natural or processed cheese or three-fourths cup of cottage cheese, not to exceed six ounces per week as a meat alternate; or
H. two ounces of equivalent meat alternate, such as textured vegetable protein, as certified by the United States Department of Agriculture, Nutrition Standards in the National School Lunch and School Breakfast Programs, Code of Federal Regulations, title 7, parts 210 and 220.
Subp. 3. Dairy group.
A minimum of two servings per day of dairy shall be provided for adults, with four servings required for juveniles and pregnant females. This includes milk that is pasteurized and fortified with vitamins A and D (fluid, evaporated, dry), cheese, yogurt, and ice cream. One serving per day may be from foods other than fluid milk. A serving is equivalent to eight ounces of fluid milk and provides at least 250 mg calcium, such as:
A. 1-1/4 ounce American cheese;
B. eight ounces yogurt;
C. two cups ice cream; or
D. eight ounces milk alternate beverage, fortified with a minimum of 250 mg calcium and vitamins A and D.
Subp. 4. Vegetable and fruit group.
Five or more servings per day of vegetables and fruits shall be provided. A serving is one-half cup vegetable or fruit; one medium apple, orange, banana, potato, half a grapefruit, one cup raw leafy greens, one-fourth cup dried fruit, or four ounces 100 percent juice. Potatoes may be included once daily as a vegetable. One serving of a rich vitamin C source must be provided daily and one serving of a rich vitamin A source must be provided four times per week.
Rich vitamin C sources include mostly fresh or raw produce, such as: citrus fruits, tomatoes, strawberries, leafy green vegetables, melon, bell peppers, and the broccoli and cabbage families; and may also include foods such as skin-on potatoes, sweet potatoes, and vitamin C-fortified real fruit juice.
Rich vitamin A sources include foods such as: apricots, cantaloupe, carrots, mixed vegetables with carrots, winter or yellow squash, pumpkin, sweet potatoes or yams, spinach, greens (collard, kale, chard, mustard, beet or turnip), liver (counted under meat), and broccoli.
Subp. 5.
[Repealed, 38 SR 523]
Subp. 6. Bread or cereal.
Six or more servings per day of whole grain or enriched cereal and bread products shall be provided. Whole grains are encouraged on a daily basis with the following sources suggested: oatmeal, grits, whole grain ready-to-eat cereal, whole wheat bread, corn tortillas, corn bread, plain popcorn, brown rice, and barley soup and rye crackers. A serving is defined as:
A. one slice of bread or one ounce of bread product, such as sliced bread, buns, biscuits, muffins, pancakes, waffles, sweet rolls, stuffing, crackers, or bagels;
B. one-half cup cooked cereal, pasta, rice, or egg noodles;
C. three-fourths cup dry cereal;
D. one six-inch tortilla; or
E. three cups popped popcorn.
Subp. 7. Fat group.
Servings of butter, fortified margarine, gravy, salad dressing, or salad oil may be used in minimal amounts to make food palatable. Facilities are encouraged to reduce sources of saturated and trans fats.
Subp. 8. Additional servings.
Additional servings of the foods in subparts 2 to 4 may be used to meet caloric requirements, in addition to soups, beverages, desserts, and condiments. Added sugars should be limited to reasonable amounts recommended for a healthy diet.
Subp. 9.
[Repealed, 38 SR 523]
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4000 Annual Food Service Review
A facility's menu content and cycle shall be reviewed at least once annually by a registered dietitian or nutritionist to ensure compliance with part 2911.3900. The review and findings shall be documented and on file.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4100 Meals
Subpart 1. Evening meal.
There shall not be more than 14 hours between a substantial evening meal and breakfast. A substantial evening meal is classified as a serving of three or more menu items at one time to include a high quality protein such as meat, fish, eggs, or cheese. The meal shall represent no less than 20 percent of the day's total nutrition requirements.
Subp. 2. Snack.
If a nourishing snack is provided at bedtime, up to 16 hours may elapse between the substantial evening meal and breakfast. A nourishing snack is classified as a combination of two or more food items from two of the four food groups, such as cheese and crackers, or fresh fruit and cottage cheese.
Subp. 3. Three meals.
Where inmates are not routinely absent from the facility for work or other purposes, at least three meals shall be made available at regular times during each 24-hour period. Variations may be allowed based on weekend and holiday food service demands provided basic nutritional goals are met. As an example, a facility may provide a brunch on Saturdays, Sundays, or holidays in lieu of separate breakfast and lunch meals.
Subp. 4. Hot meal minimum.
A minimum of one of the three meals served daily shall be a hot meal.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4200 Therapeutic Diets
Subpart 1. Medical diets.
A facility housing inmates in need of medically prescribed therapeutic diets shall have documentary evidence that the diets are dietitian-approved and provided as ordered by health services. A healthier general menu contributing to the management of chronic diseases may minimize the need for medical diets.
Subp. 2. Food-allergy diets.
The seven most common food allergies causing anaphylactic reactions are foods such as: fish, shellfish, tree nuts, peanuts, soy, wheat, and milk. A dietitian-approved allergy diet shall be provided as necessary and shall meet the nutritional guidelines under part 2911.3900.
Subp. 3. Vegetarian diets.
A facility may provide reasonable animal protein substitutions at meals for inmates requesting vegetarian or vegan diets. A vegetarian or vegan diet must be dietitian-approved and meet the nutritional guidelines under part 2911.3900.
Subp. 4. Pregnancy.
A facility shall develop a diet that meets the increased calcium and calorie requirements of pregnant inmates. Pregnant inmates shall be provided a substitution or supplements as ordered by the medical professional or health services. A pregnancy diet must be dietitian-approved and meet the nutritional guidelines under part 2911.3900.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4300 Religious Diets
A facility shall have a written policy and procedure that provides for special diets or meal accommodations for inmates whose religious beliefs require adherence to religious dietary laws. Creation of religious diets shall involve a dietitian and strive to meet the nutritional guidelines under part 2911.3900.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4400 Use of Food in Discipline
Food shall not be withheld as punishment.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4500 Supervision of Meal Serving
Meals shall be served under the direct supervision of staff.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4600 Menu Records
All menus shall be planned, dated, and available for review at least one week in advance. Notations shall be made of any substitutions in the meals actually served, and substitutions shall be of equal nutritional value.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4700 [Renumbered 2911.4800 subp 5]
[Renumbered 2911.4800 subp 5]
Minn. R. 2911.4800 Commissary
Subpart 1. List of approved commissary items to be purchased by staff member at local store.
A facility with an approved capacity of more than 50 inmates shall establish, maintain, and operate a commissary. The facility shall have a written policy and procedure regarding commissary operation that must allow an inmate to purchase approved items not furnished by the facility. Class I facilities are not required to provide commissary services.
Subp. 2.
[Repealed, 38 SR 523]
Subp. 3.
[Repealed, 38 SR 523]
Subp. 4.
[Repealed, 38 SR 523]
Subp. 5. Hot meal minimum.
One of the three meals served daily shall be a hot meal.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4900 Security Inspection
The facility shall have a written policy and procedure to require the facility administrator or designee to inspect all areas within the security perimeter, and equipment at least monthly and initiate corrective action if needed.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.4950 Response to Resistance
Subpart 1. Policies and procedures.
The facility administrator or designee shall have written policies and procedures to provide for response to resistance. All personnel directly involved in the response shall submit written reports to the facility administrator or designee no later than the conclusion of the shift. Submission of these reports may be delayed when a staff member sustains serious injury, hospitalization, or both.
Subp. 2. Instruments of restraint; limitations.
Instruments of restraint shall not be:
A. used as punishment; and
B. applied for any longer time than is necessary.
Subp. 3. Use of instruments of restraint.
Instruments of restraint shall not be used except in the following circumstances:
A. as a precaution against escape during a transfer;
B. on medical grounds by direction of the health authority or attending physician or psychologist;
C. by order of the facility administrator or person in charge in order to prevent an inmate from injuring self or others or from damaging property; or
D. for routine inmate movement.
Subp. 4. Equipment.
The issue, storage, inspection, and use of chemical agents, impact devices, electronic control devices, and other security devices shall be governed by written policy and procedure.
All unissued security devices and equipment shall be stored in a secure, readily accessible depository located outside inmate housing and activity areas, and inventoried at least monthly to determine condition and expiration dates of the devices and equipment.
Subp. 5. Firearms.
Facility policy and procedure shall provide for the use of firearms and include the following:
A. except in an emergency situation, firearms are not permitted within the secure perimeter; and
B. there shall be a secure weapons locker located outside the security perimeter of the facility.
Subp. 6. Training.
Facility policy shall provide that all personnel authorized to use security equipment and instruments of restraint are trained according to manufacturer's specifications or facility's training requirements.
Subp. 7. Record.
The facility shall maintain a written record of emergency distribution of security devices and equipment.
History
- Statutory Authority: MS s 241.021
- History: 38 SR 523
Minn. R. 2911.5000 Post Orders; Formal Inmate Count; Well-Being Checks
Subpart 1. Post orders and accountability.
There shall be written orders for every security post that are reviewed annually and updated if necessary. A written policy and procedure shall require that personnel read, sign, and date applicable post orders at least annually, or as needed for new posts or revisions. Medium and large facilities with multiple posts may need to conduct these reviews more often.
Subp. 2.
[Repealed, 38 SR 523]
Subp. 3. Security post records.
Custody staff shall maintain a record and prepare shift reports that document routine and emergency situations and unusual incidents. Records shall be maintained according to the county retention schedule.
Subp. 4. Counting.
A facility shall have a written policy describing the system of counting inmates.
Formal counts shall be completed with an official entry made in the daily log at least once each eight hours.
The facility shall maintain a system that identifies the whereabouts of all inmates in custody and includes a system of accountability for inmates approved for temporary absences from their assigned housing units.
A written policy and procedure shall provide that staff regulate inmate movement.
Subp. 5. Well-being.
A facility shall have a system providing for well-being checks of inmates.
A written policy and procedure shall provide that all inmates are personally observed by a custody staff person at least once every 30 minutes. Thirty-minute checks should be staggered. If a well-being check does not occur due to an emergency, it must be documented in the jail log and have supervisory review and approval.
More frequent observation is required for those inmates of a special need classification who may be harmful to themselves. Examples of inmates of a special need classification include those classified as potentially suicidal, or as mentally ill, or those experiencing withdrawal from drugs or alcohol.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.5100 [Renumbered 2911.2525]
[Renumbered 2911.2525]
Minn. R. 2911.5200 [Renumbered 2911.2550]
[Renumbered 2911.2550]
Minn. R. 2911.5300 Searches, Shakedowns, and Contraband Control
Subpart 1. Contraband control.
A facility shall have a written policy and procedure that provides for searches of facilities, inmates, and inmate property to control contraband and provide for its disposition.
Subp. 2. Body searches.
A facility shall have a written policy and procedure that provides for pat, strip, and body cavity searches in accordance with law.
Subp. 3. Facility access.
A facility shall have a written policy and procedure that must specify the circumstances under which persons and personal property may be searched.
Persons who seek to enter the security perimeter of the facility shall not be permitted admission if they refuse to submit to a requested search.
Subp. 4. Daily inspections.
A facility shall be inspected at least daily for contraband, evidence of breaches in security, and inoperable security equipment, and shall document the inspection.
Subp. 5. Delivery inspection.
Materials delivered to or transported from the facility's security perimeter shall be inspected for contraband prior to distribution.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.5400 [Renumbered 2911.5550]
[Renumbered 2911.5550]
Minn. R. 2911.5450 Dangerous Materials
A facility shall have a written policy and procedure that specifies that materials dangerous to either security or safety shall be properly secured.
Storage and use of flammable, toxic, and caustic materials must be in accordance with all applicable laws and regulations of governing jurisdictions.
The policy must cover control and use of tools and culinary and medical equipment.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.5500 [Renumbered 2911.5450]
[Renumbered 2911.5450]
Minn. R. 2911.5550 Locks and Keys
Subpart 1. General.
Keys or other access control devices to security locks shall be properly tagged and stored in a secure cabinet within a secure area, and out of reach of the inmates or the public.
At least one complete functional set of facility keys shall be kept on hand for replacement or emergency purposes.
Keys that serve a critical security purpose shall be easily identifiable and never issued except upon order of the facility administrator or person in charge, and according to established procedure.
No security keys shall be made available to inmates regardless of status.
Subp. 2. Lock policy.
A facility shall have a written policy and procedure that requires that all security perimeter entrances, control center doors, and housing unit doors are kept locked, except when used for admission or exit of employees, inmates, or visitors, and in an emergency. A facility equipped with a sally port shall ensure that only one of the doors of a sally port is opened at any point in time for entry or exit purposes.
Subp. 3. Regular testing.
Locks to security doors or gates shall be tested for proper function at least weekly to ensure proper operation.
Subp. 4. Inoperable locks.
A lock to a security door or gate shall not be inoperable or left in a nonworking condition.
An inmate shall not be secured in a cell or area that has inoperable locks.
Subp. 5. Keys.
A facility shall have a written policy and procedure that provides for the control and use of keys and other access control devices.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.5600 [Repealed, 38 SR 523]
[Repealed, 38 SR 523]
Minn. R. 2911.5700 Repealed by subpart
Subpart 1.
[Renumbered 2911.5000 subp 4]
Subp. 2.
[Renumbered 2911.5000 subp 5]
Minn. R. 2911.5800 Availability of Medical and Dental Resources
Subpart 1. Availability of resources, general.
Under the direction of a health authority, a facility shall develop a written policy and procedure that provides for the delivery of health care services, including medical, dental, and mental health services.
Subp. 2. Health care.
Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or qualified psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel.
Subp. 3. Health care policy review.
Facility policy shall ensure that each policy, procedure, and program in the health care delivery system is reviewed and documented at least annually under the direction of the health authority and revised as necessary.
Subp. 4. Emergency health care.
A facility shall develop a written policy and procedure that requires that the facility provide 24-hour emergency care availability as outlined in a written plan, which includes provisions for the following arrangements:
A. emergency evacuation of the inmate from within the facility;
B. use of an emergency medical vehicle, available on a 24-hour basis;
C. use of one or more designated hospital emergency rooms or other appropriate health facilities;
D. emergency on-call physician and dental services when the emergency health facility is not located in a nearby community; and
E. security procedures that provide for the immediate transfer of inmates when appropriate.
Subp. 5. Health care liaison.
In a facility without full-time qualified health care personnel, a designated health-trained staff member may act as liaison to coordinate the health care delivery in the facility under the direction of the health authority.
Subp. 6. Medical screening.
A facility shall have a written policy and procedure that requires medical screening is performed and recorded by trained staff on all inmates on admission to the facility. The findings are to be recorded in a manner approved by the health authority. The screening process shall include procedures relating to:
A. Inquiry into:
B. Observations of:
C. Disposition to:
Subp. 7. Health care follow-up.
A facility shall develop written policy and procedures that require that an inmate who presents with a chronic or persistent medical condition be provided with a health care follow-up.
Subp. 8. Health complaints.
A facility shall develop a written policy and procedure that requires that inmates' health complaints are acted upon daily by health-trained staff, followed by triage and treatment by health care personnel if indicated.
Subp. 9. Sick call.
A facility shall develop a written policy and procedure that requires a continuous response to health care requests and that sick call, conducted by a physician or other health care personnel, is available to each inmate as follows:
A. in small facilities of less than 60 inmates, sick call is held once per week at a minimum;
B. in medium sized facilities of 60 to 200 inmates, sick call is held at least three days per week;
C. in facilities of over 200 inmates, sick call is held a minimum of five days per week; and
D. if an inmate's custody status precludes attendance at sick call, arrangements are made to provide sick call services in the place of the inmate's detention.
Subp. 10. Infirmary.
Operation of an infirmary within a facility: male and female inmates may be housed in separate rooms in a common infirmary area. Direct staff supervision of the infirmary must be provided at all times when male and female inmates reside in the infirmary.
Subp. 11. Examinations.
Examinations, treatments, and procedures affected by informed consent standards governed by state or federal law shall be observed for inmate care.
The informed consent of the parent, guardian, or legal custodian must be obtained when required by law.
Where health care treatment must be provided against an inmate's will, it must be provided according to law.
Subp. 12. Ambulance services.
Ambulance services shall be available on a 24-hour-a-day basis.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.5900 Posting of Available Resources
A listing of telephone numbers of the medical, dental, mental health, and ambulance services available shall be posted at the facility's primary staff control station along with a schedule of availability.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6000 First Aid
Subpart 1.
[Repealed, 38 SR 523]
Subp. 2. First aid equipment.
Facility policy shall require that first aid kits are available in designated areas of the facility.
Subp. 3.
[Renumbered 2911.6200 subp 1a]
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6100 [Renumbered 2911.1350]
[Renumbered 2911.1350]
Minn. R. 2911.6200 Medical and Dental Records
Subpart 1.
[Renumbered subp 1b]
Subp. 1a. Medical and dental records.
A facility shall record complaints of illness or injury and actions taken. Medical or dental records are maintained on inmates under medical or dental care. Records shall include:
A. the limitations and disabilities of the inmate;
B. instructions for inmate care;
C. orders for medication including stop date;
D. any special treatment or diet;
E. activity restriction; and
F. times and dates when the inmate was seen by medical personnel. Medical and dental records shall be available to staff for consultation in case of illness and for recording administration of medications.
Subp. 1b. Release of information consent forms.
Release of information consent forms must comply with applicable federal and state regulations.
Subp. 2. Data practices.
The medical record file shall be maintained separately and according to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13.
Subp. 2a. Sharing information.
The responsible physician or health care personnel shall share with the facility administrator information regarding an inmate's medical management, security, and ability to participate in programs.
Subp. 3. Available information.
Medical record file information available to health-trained staff and custody personnel shall minimally include summary medical information provided by the health authority or health care personnel that ensures sufficient detail to allow health-trained staff persons or other custody personnel to ensure medical care of inmates in their custody in a manner consistent with that prescribed by the responsible physician or health care personnel.
Subp. 4.
[Repealed, 38 SR 523]
Subp. 5.
[Renumbered subp 2a]
Subp. 6. Transfer of records.
A facility shall have a written policy and procedure regarding the transfer of health records and information that establishes the following requirements:
A. summaries or copies of the health record are sent to the facility to which the inmate is transferred. Upon the request and written authorization of the inmate, physicians or medical facilities in the community shall be provided health record information; and
B. The facility administrator or designee, which may include the responsible physician, health care personnel, or health-trained staff of the facility from which the inmate is being transferred, shall minimally share with the facility administrator of the facility designated to receive the inmate information regarding the inmate's medical management, security, and ability to participate in programs. In the absence of informed consent forms signed by the inmate involved, the information may be provided in summary manner to ensure a level of medical care consistent with the inmate's needs.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6300 [Renumbered 2911.2750]
[Renumbered 2911.2750]
Minn. R. 2911.6400 Delivery, Supervision, and Control of Medication
In consultation with the health authority, a facility administrator shall have a written policy and procedure for the secure storage, delivery, administration, and control of medication according to parts 2911.6500 to 2911.6800.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6500 Storage
Subpart 1. Locked area.
Medication shall be stored in a locked area. The storage area shall be kept locked when not in use by authorized staff.
Subp. 2. Refrigeration.
Medication requiring refrigeration shall be refrigerated and secured and the temperature checked daily. There must be separate refrigeration for medications only.
Subp. 3. Access.
Inmates shall not be permitted access to medication storage. Only health-trained staff or health care personnel shall have access to keys for the medication storage area.
Subp. 4. Medication.
Stock supplies of prescription medications may be maintained at the discretion and upon the approval of the facility's health authority. Prescription medication shall be kept in its original container, bearing the original label. Poisons and medication intended for external use shall be clearly marked. A limited quantity of life-saving prescription medications as approved by the medical authority may be maintained in emergency kits.
Subp. 5. Controlled substances.
There shall be a procedure for maximum security storage of and accountability for controlled substances.
Subp. 6. Needles and other medical sharps.
There shall be a written policy and procedure for the control and disposal of medical sharps and supplies. Medical sharps and supplies when used or stored in inmate housing areas shall be accounted for and secured in a locked area.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6600 Delivery
Subpart 1. Delivering medication.
A person delivering medication to an inmate must do so under the direction of the responsible health authority or health care personnel.
Subp. 2. Training.
Only persons who have received training appropriate to this assignment may deliver medication.
Subp. 3. Refresher training.
A nonmedical staff person delivering medication shall receive refresher training a minimum of once every three years.
Subp. 4. Documentation.
Initial and refresher training must be documented.
Subp. 5. Recording deliveries.
A person responsible for delivering medications shall do so according to orders, and record the delivery of medications in a manner approved by the health care authority.
Subp. 6. Deliveries by health-trained staff.
Medication shall be delivered to an inmate by health-trained staff. An inmate shall administer the inmate's medication under staff supervision.
Subp. 7. Identification procedures.
There shall be a written procedure for the identification of the recipient of the medication.
Subp. 8. Oral ingestion procedures.
There shall be procedures for confirming that medication delivered for oral ingestion has been ingested.
Subp. 9. Adverse reaction reports.
There shall be procedures for health-trained staff to report any adverse reaction incidents to health care personnel. The adverse reaction to a drug shall be documented.
Subp. 10. Refusal of prescribed medications.
There shall be procedures for health-trained staff to report an inmate's refusal of prescribed medication to the attending physician, responsible physician, or health care personnel. The refusal and directives by the health care personnel shall be documented.
Subp. 11. No medication deprivation punishment.
An inmate shall not be deprived of medication as a means of punishment.
Subp. 12. Inmate medication delivery prohibited.
Delivery of medication by inmates is prohibited.
Subp. 13.
[Repealed, 38 SR 523]
Subp. 14. Expiration of medication order.
Health care personnel shall be notified of impending expiration of a medication order so that it can be determined whether the medication should be continued or altered.
Subp. 15. Nonprescription medication.
Over-the-counter nonprescription medication available to inmates shall be approved by health care personnel. Delivery of nonprescription medication by custody staff shall be documented.
Subp. 16. Keep-on-person medications.
There shall be a policy and procedure for keep-on-person medications that provides for:
A. medications identified and approved by the health authority as appropriate for self-administration and storage in an inmate's cell;
B. procedures for an inmate's overdose of the medication;
C. consequences if too much medication is found in the inmate's possession;
D. how the distribution of medications under this subpart is going to be documented; and
E. nonprescription medications, if any, that are available to inmates through vending machines or commissary. Keep-on-person medications shall be documented for each inmate.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6700 Administration
Subpart 1. Injection.
Medication administered by injection shall be given by a physician or health care personnel.
Subp. 2. Insulin.
Insulin-dependent diabetic inmates shall be permitted to self-administer insulin under direct health-trained staff supervision.
Subp. 3. Topical medication.
Topical medications and eye or ear drops may be permitted for inmate self-administration as directed and observed by health care personnel.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6800 Control
Subpart 1. Records.
Records of receipt, the quantity of the drugs, and the disposition of all prescription medications shall be maintained in detail to enable an accurate accounting.
Subp. 2. Verifying prescription medications.
An inmate's own supply of prescription medications brought into the facility shall be verified prior to dispensing.
Subp. 3. Prescribed medication upon transfer or release.
Prescribed medication shall be given to an inmate or to the appropriate authority upon transfer or release, unless the attending physician decides that in the medical interest of the inmate the medications should not be released with the inmate. The action taken shall be documented.
Subp. 4. Destruction of medication.
The destruction of medication on expiration dates or when retention is no longer necessary or suitable must be consistent with requirements of the Minnesota Pollution Control Agency.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.6900 Medical Research
The use of inmates for medical, pharmaceutical, or cosmetic experiments is prohibited.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7000 Tuberculosis Screening; Separation of Inmates with Infectious Disease
Subpart 1. Policy.
A facility shall have a written policy and procedure that addresses the management of serious and infectious diseases. This policy and procedure shall be updated as new information becomes available.
Subp. 2. Screening.
Employees and inmates shall be screened for tuberculosis according to Minnesota Statutes, section 144.445. The Department of Corrections adopts by reference Minnesota Department of Health requirements for tuberculosis screening of employees and inmates in facilities governed by this chapter.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7100 Inmates with Special Needs
Subpart 1. Postadmission screening.
The facility written policy and procedure shall require postadmission screening and referral for care of inmates with special needs, whose adaptation to the correctional environment is significantly impaired.
Subp. 2. Inmates with special needs.
For the purposes of this part, an inmate with special needs shall include, but need not be limited to, those with functional impairments, those defined as mentally ill, those defined as developmentally disabled, those defined as mentally ill and dangerous to the public, and those defined as individuals with disabilities.
Subp. 3. Management of inmates.
A policy and procedure shall be developed for the management of inmates with special needs and shall include:
A. procedures that require referral for emergency admission under Minnesota Statutes, chapter 253B, of persons considered to be mentally ill or developmentally disabled, and in imminent danger of injuring self or others if not immediately restrained; and
B. procedures for accessing and using emergency services according to Minnesota Statutes, chapter 253B, for adults who are experiencing an emotional crisis or mental illness.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; L 2005 c 56 s 2; 38 SR 523
Minn. R. 2911.7200 Housekeeping, Sanitation, and Plant Maintenance
Subpart 1. General.
A facility shall have a policy and procedure that provides that the facility shall:
A. be kept in good repair to protect the health, comfort, safety, and well-being of inmates and staff;
B. document weekly sanitation inspections; and
C. document deficiencies from the weekly sanitation inspection, if any, have been ordered.
Subp. 2. Maintenance plan.
A written housekeeping plan for all areas of the physical plant shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities. Facility floors are kept clean, dry, and free of hazardous substances. A written policy and procedure shall establish the following requirements:
A. weekly sanitation inspections of all institution areas by a designated staff member; and
B. there is documentation that deficiencies, if any, have been corrected.
Subp. 3. Department rules.
Plumbing, sewage disposal, solid waste disposal, and plant maintenance conditions comply with rules of:
A. the Minnesota State Building Code;
B. the Minnesota Fire Marshal's Office;
C. the Minnesota Department of Health;
D. the Minnesota Department of Labor and Industry (O.S.H.A.); and
E. other local government.
Subp. 4. Plan.
A facility shall establish a plan for the daily inspection of housekeeping, sanitation, and plant maintenance.
Subp. 5. Cost list of needed supplies and repairs.
The facility administrator shall submit to the governing body a list of repairs and supplies needed in order to maintain the facility. This shall be done on a monthly basis or as part of the annual budget.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7300 Fire Inspection
Subpart 1. Annual inspection.
Each facility shall by policy require that a fire inspection of the facility must be conducted in accordance with the applicable fire code on an annual basis by a state fire marshal or local fire official.
Subp. 2. Documentation.
Documentation of the inspection and any orders resulting from the inspection must be maintained and available to the DOC.
Subp. 3. Sanction.
Failure to comply with the applicable fire code and safety requirements will result in the commissioner's denial of approval to continue facility operation.
Subp. 4. Weekly inspection.
There shall be an applicable fire code and safety inspection of the facility at least weekly by a designated staff member.
Subp. 5. Fire alarm requirements.
There shall be a fire alarm and automatic detection system required, as approved by the authority having jurisdiction, or a plan for addressing these or other deficiencies within a reasonable time. The authority may approve any variances, exceptions, or equivalencies.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7400 Policies and Procedures to Detect Deterioration of Building and Equipment
The facility administrator or designee shall have policies and procedures designed to detect building and equipment deterioration, safety hazards, and unsanitary conditions. Policies and procedures shall include requirements that facility staff report unsanitary and unsafe conditions as well as physical plant and equipment repairs and replacement needs; and documentation that appropriate work orders or requests for budget resources to effect needed repair, replacement, or corrections have been made.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7500 Elimination of Conditions Conducive to Vermin and Pests
The facility shall have a written plan for the control and elimination of vermin and pests.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Minn. R. 2911.7600 Waste Disposal
Facility policy shall ensure that the facility provides a waste disposal system.
History
- Statutory Authority: MS s 241.021
- History: 23 SR 1834; 38 SR 523
Chapter 2915 SERVICES FOR BATTERED WOMEN
Minn. R. 2915.0100 Definitions
Subpart 1. Scope.
For the purpose of parts 2915.0100 to 2915.0700, the terms defined in this part have the meanings given them.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Corrections.
Subp. 3. Data.
"Data" means summary data as defined in Minnesota Statutes, section 13.02, subdivision 19.
Subp. 4. Department.
"Department" means the Department of Corrections.
Subp. 5. Emergency shelter services.
"Emergency shelter services" means housing facilities which regularly provide food, secure lodging, and a crisis phone line with 24-hour accessibility for women and children seeking safety from assault primarily by a spouse, male relative, or male with whom they are residing or have resided in the past.
Subp. 6. Law enforcement agencies.
"Law enforcement agencies" means police and sheriff's departments operating in Minnesota.
Subp. 7. Public education programs.
"Public education programs" means programs designed to promote public and professional awareness of the problems of battered persons.
Subp. 8. Purchase of service agreement.
"Purchase of service agreement" means a contract or grant agreement between the department and service provider which specifies the programs or services to be provided, the method of delivering the programs or services, the responsibilities of the staff, the budget, and a commitment to assist in the necessary data collection, and evaluation research to be completed on the program or service.
Subp. 9. Request for proposals.
"Request for proposals" means solicitation of applications in a uniform format for distribution of funds allocated by the legislature for programs and services for battered women.
Subp. 10. Support services.
"Support services" means any of the following: advocacy, emotional support, counseling, legal information, medical referral, transportation, child care, information and referral services, and other services needed by battered women and their families.
Subp. 11. Service provider.
"Service provider" means any public agency or private nonprofit corporation which plans, designs, and implements any of the following:
A. emergency shelter services and support services for battered women;
B. support services for battered women;
C. public education programs designed to promote public and professional awareness of the problems of battered women; or
D. programs for violent partners.
History
- Statutory Authority: MS s 611A.33
Minn. R. 2915.0200 Introduction
Minnesota Statutes, section 611A.33, clause (6), requires that the commissioner of corrections promulgate all rules necessary to implement the provisions of Minnesota Statutes, sections 611A.31 to 611A.35 and 256D.05, subdivision 3, including emergency rules.
History
- Statutory Authority: MS s 611A.33
- History: L 2014 c 212 art 1 s 15
Minn. R. 2915.0300 Establishment of an Advisory Council
Subpart 1. Appointment.
The commissioner shall appoint a nine-member advisory council to advise on implementation of Minnesota Statutes, sections 611A.31 to 611A.35. The provisions of Minnesota Statutes, section 15.059, subdivision 6, shall govern the terms, compensation, and removal of members of the advisory council.
Subp. 2. Review committee.
Prior to the appointment of any new council member, the existing council shall choose no more than five organizations, one of which shall be the Department of Corrections, to send representatives to a review committee which shall recommend a slate of applicants based on the following:
A. criteria mandated in Minnesota Statutes, section 611A.34, subdivision 2;
B. applicant's understanding of problems facing battered women;
C. representatives from both metro and nonmetro areas of the state; and
D. representation from at least three minority groups.
Subp. 3. Priority in appointments.
If other qualifications are equal, priority in appointments shall be given to persons who have personally experienced partner abuse.
History
- Statutory Authority: MS s 611A.33
- History: L 1983 c 260 s 50; 17 SR 1279; L 2014 c 212 art 1 s 15
Minn. R. 2915.0400 Project Coordinator
Subpart 1. Screening of applicants by advisory council.
The advisory council shall screen applicants for the position of project coordinator and shall recommend to the commissioner the names of five applicants. In appointing the project coordinator, the commissioner shall give due consideration to the list of applicants submitted by the advisory council.
Subp. 2. Action contrary to recommendation of advisory council.
If the commissioner takes action contrary to the recommendation of the advisory council, the commissioner or a designee shall meet with the council or with representatives of the council, appointed by its chair, to discuss the rationale for the decision.
Subp. 3. Project coordinator to attend meetings.
The project coordinator shall be available to attend all meetings of the advisory council and its subcommittees.
History
- Statutory Authority: MS s 611A.33
- History: L 1983 c 260 s 50; 17 SR 1279
Minn. R. 2915.0500 Awarding Grants and Contracts
Subpart 1. Request for proposals.
The department shall issue a request for proposals from service providers. The advisory council shall use uniform procedures and criteria in considering all proposals which comply with the request for proposal outline. The department shall solicit proposals from interested public and private nonprofit organizations, women's organizations, and diverse cultural groups in the state.
Subp. 2. Award criteria and procedures.
The department shall establish award criteria and procedures with the participation of the advisory council prior to any request for proposals. The criteria and procedures shall be available to the public upon request.
Subp. 3. Review of applications.
The advisory council shall review grant applications and recommend to the commissioner names of applicants recommended to receive funds and the amount of funds recommended for each applicant.
Subp. 4. Use and disbursement of funds.
The department shall disburse funds appropriated for the battered women's projects. A portion of the funds appropriated by the legislature shall be retained by the department for the purpose of implementing public education programs if the commissioner determines that the department can use the funds for their designated purpose more effectively than by purchase of service agreements. The advisory council shall advise the department on the use of retained funds.
Subp. 5. Advisory council.
All planning, development, data collection, funding, and evaluation of programs and services for battered women which are funded under parts 2915.0100 to 2915.0700 shall be conducted with the advice of the advisory council.
History
- Statutory Authority: MS s 611A.33
- History: L 1983 c 260 s 50
Minn. R. 2915.0600 Responsibilities of Service Providers
Subpart 1. Proposal to be submitted to be eligible for initial funding consideration.
To be eligible for initial funding consideration from the department for the establishment and operation of programs and services for battered women, service providers shall submit a proposal which includes, at a minimum, the following information:
A. the full name and address of the service provider;
B. the proposed location of the program or service;
C. a budget on forms provided by the department which itemizes such major categories as:
D. a narrative for each line item on the budget request;
E. a description of other funding sources, fundraising efforts, in kind contributions and services and other items relevant to financial status during the period funds are requested;
F. a description of the duties of each staff position;
G. a statement of the extent to which battered women in the community have been involved and participated in the proposal;
H. a statement of the ways in which potential service providers have solicited support and cooperation from potentially interested or relevant community agencies or groups such as law enforcement agencies, courts, social service agencies, and local boards or departments of health;
I. a timetable for operation;
J. a description of the types of programs or services to be available;
K. a description of the role to be played by volunteers, if any, in the operation of the emergency shelter service or public education program;
L. a statement of compliance with program or service evaluation requirements as established by the commissioner with the consultation of the advisory council; and
M. a definition of the target group expected to be served.
Subp. 2. Eligibility for renewed funding.
To be eligible for renewed funding consideration from the department for continued operation of services and programs for battered women, service providers shall submit a report which includes, at a minimum, the following information:
A. the full name of the service provider;
B. a budget for the year funding is requested, on forms provided by the department, which itemizes such major categories as:
C. a narrative for each line item on the budget for funds requested;
D. a description of other funding sources, fundraising efforts, in kind contributions and services and other items relevant to financial status during the period when funds are requested; and
E. a statement of compliance with program or service evaluation requirements.
Subp. 3. Purchase of service agreements.
Purchase of service agreements shall provide for the following:
A. the collection, recording, and reporting of descriptive data on persons served and the services provided as requested by the commissioner;
B. complete reports requested by the commissioner; and
C. implementation of a fiscal policy.
Subp. 4. Evidence of licensure.
Any emergency shelter program operated on the basis of this appropriation shall show evidence that it is licensed by the Department of Health or the Joint Commission on Hospital Accreditation and has passed local fire inspection.
History
- Statutory Authority: MS s 611A.33
- History: L 1983 c 260 s 50
Minn. R. 2915.0700 Mandatory Submission of Data
Reports on battered women shall be submitted to the department in accordance with Minnesota Statutes, section 611A.36. Reports shall, at a minimum, include summary data which discloses the date of occurrence, location, and characteristics of battering.
History
- Statutory Authority: MS s 611A.33
Chapter 2920 ADULT COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES
Minn. R. 2920.0100 Definitions
Subpart 1. Scope.
Definitions, for the purpose of these rules, are as follows.
Subp. 2. Adult community-based residential correctional facility or facility.
"Adult community-based residential correctional facility" or "facility" means any community-based residential facility that provides at a minimum accountability and 24-hour-a-day care such as food and lodging. The primary purpose is to serve persons placed in the facility by a court, court services department, commissioner of corrections, or other correctional agency having dispositional power over persons convicted of a crime.
Subp. 3. Adults.
"Adults" means persons 18 years of age or over or persons under the jurisdiction of the adult court.
Subp. 4. Applicant.
"Applicant" means any person, agency, or organization applying for a license or renewal of license under this chapter.
Subp. 5. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Corrections or a designee.
Subp. 6.
[Repealed, 36 SR 635]
Subp. 7.
[Repealed, 36 SR 635]
Subp. 8. Contraband.
"Contraband" means those items designated by the facility as prohibited on the physical premises of the facility.
Subp. 9.
[Repealed, 36 SR 635]
Subp. 10. Department of Corrections, department, DOC.
"Department of Corrections," "department," or "DOC" means Minnesota Department of Corrections.
Subp. 10a. Direct service staff.
"Direct service staff" means staff that have primary responsibility for the supervision and care and welfare of the residents.
Subp. 11.
[Renumbered subpart 16a]
Subp. 12. Governing board or sponsoring agency.
"Governing board" or "sponsoring agency" means the body that formulates the policies and procedures governing a community correctional facility.
Subp. 13. License.
"License" means a certificate issued by the commissioner authorizing the operator to provide specified services for a period of up to two years in accordance with the terms of the license, Minnesota Statutes, section 241.021, and this chapter.
Subp. 14.
[Repealed, 36 SR 635]
Subp. 14a. Population.
"Population" means a group of residents with a need for similar services arising primarily out of a particular type of issues or needs.
Subp. 15.
[Repealed, 36 SR 635]
Subp. 16. Program.
"Program" is a plan, procedure, or activity for dealing with residents in a community correctional facility.
Subp. 16a. Program administrator.
"Program administrator" means the administrator of the program, employed or appointed by the board or sponsoring agency, to implement its policies, programs, and treatment plans.
Subp. 17.
[Repealed, 9 SR 1655]
Subp. 18.
[Repealed, 36 SR 635]
Subp. 19.
[Repealed, 36 SR 635]
Subp. 20.
[Repealed, 36 SR 635]
Subp. 20a. Service plan.
"Service plan" means an individual written plan that addresses the expectations, goals, and desired outcomes for a resident.
Subp. 21.
[Repealed, 36 SR 635]
Subp. 22.
[Repealed, 36 SR 635]
Subp. 23.
[Repealed, 36 SR 635]
Subp. 24.
[Repealed, 36 SR 635]
Subp. 25.
[Repealed, 36 SR 635]
Subp. 26.
[Repealed, 36 SR 635]
Subp. 26a. Variance.
"Variance" means the commissioner has authorized the facility to comply with a specific rule in a manner other than as specified in that rule.
Subp. 26b. Volunteer.
"Volunteer" means a person who is not employed by the facility but is providing a service or program to facility residents on an ongoing basis.
Subp. 27. Waiver.
"Waiver" means written permission from the commissioner to disregard a particular part of this chapter.
Subp. 28.
[Repealed, 36 SR 635]
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 17 SR 1279; 36 SR 635
Minn. R. 2920.0200 Repealed by subpart
Subpart 1.
[Repealed, 36 SR 635]
Subp. 2.
[Repealed, 9 SR 1655]
Subp. 3.
[Repealed, 9 SR 1655]
Minn. R. 2920.0210 Compliance with Rules
A facility must comply with a rule, part, subpart, or item designated "mandatory" unless waived by the commissioner. A facility is in substantial compliance when it complies with 100 percent of the rules in this chapter designated "mandatory" and at least 90 percent of the rules in this chapter not designated "mandatory."
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.0300 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.0400 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.0500 Application for License
Subpart 1. Filing.
New applicants shall file application to the commissioner of corrections at least 30 days prior to the date the adult community-based residential correctional facility expects to operate.
Subp. 2. Materials filed.
The application includes:
A. an application form provided by the commissioner;
B. current health inspection approval;
C. current fire inspection;
D. an accurate floor plan of the facility;
E. a list of the board of directors, including names, addresses, and telephone numbers;
F. an organizational chart;
G. all documents required by the municipality; and
H. the certificate of occupancy from the municipality.
Subp. 3.
[Repealed, 36 SR 635]
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.0600 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.0700 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.0800 Conditions of License
Subpart 1. Nontransferable.
A license is not transferable. It applies only to the organization, person, or persons to whom it is issued and to the building approved. The license expires automatically if there is a change in location, organization, procedure, or policies that affect either the terms of the license or the continuing eligibility for a license. In such cases, an application for a license must again be filed.
Subp. 2. Restriction on capacity.
Every license shall be restricted to a specified maximum capacity.
Subp. 3. Licensing necessary before operation.
An adult community-based residential correctional facility must be licensed by the commissioner in order to operate.
Subp. 4. No occupancy before licensing.
No persons shall be placed in an adult community-based residential correctional facility prior to its being licensed.
Subp. 5. No fee for license.
There is no fee for a state license.
Subp. 6. Issuance of license.
A license must be issued when the applicant is in compliance with part 2920.0200, subpart 4.
Subp. 7. Variance; waivers.
Variances and waivers must be listed on the license.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.0900 Revocation, Suspension, and Denial of License
A license may be revoked, suspended, or denied by the commissioner if the facility does not comply with this chapter as required under part 2920.0210 or the facility may be denied a license on the basis of a poor operating history in this or any state. The operator must be given written notice of the action and must be given 30 days to comply with this chapter before action is taken. Failure, inability, or refusal to comply with this chapter is cause for denial, nonrenewal, revocation, or suspension of the license. The commissioner may issue a conditional license for a specified time to allow the facility to come into compliance.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1000 Restriction of Use of Adult Community-Based Residential Correctional Facility
The commissioner may by written order restrict the use of any adult community-based residential correctional facility that does not comply with this chapter as required under part 2920.0210 or, where specific conditions exist which endanger the health, welfare, or safety of residents or staff.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1100 Variance or Waiver of Specific Rule
Subpart 1. Granting of variance or waiver.
The granting of a variance or waiver under this part does not constitute a precedent for any other community correctional facility. The commissioner shall grant a variance or waiver of a specific rule, if, in the licensing procedure or enforcement of the standards the commissioner finds that:
A. to require a particular adult community-based residential correctional facility to comply strictly with one or more of the provisions will result in undue hardship;
B. the facility is otherwise in compliance with this chapter;
C. the facility substantially complies with specific conditions the commissioner deems necessary for the protection of health, safety, and welfare of the residents and it does not have a substantially negative effect on public safety.
Subp. 2. Variance or waiver review.
Variances or waivers must be reviewed during the on-site inspection to determine if the variances or waivers should be continued.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1200 On-Site Inspection
Following the receipt of the application and materials requested, the commissioner shall conduct the appropriate on-site inspection, determine if the license is appropriate, and notify the applicant of the determination in writing.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1300 Notice to Applicant of Commissioner's Action
After the application for license is approved by the commissioner, the applicant will receive by mail a license which must set forth the conditions under which the adult community-based residential correctional facility may operate. The terms of the license must include the operating name of the facility, the maximum number and sex of the residents to be served, and the period of time for which the license is effective, and may include other limitations which the commissioner may prescribe. An accompanying document to the license must contain a summary of inspection findings.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1400 Appeal Procedure
The program administrator shall be given written notice of the action under part 2920.1300 and of the right to appeal the decision of the commissioner in writing within ten business days from receipt of the written notice of the action. The commissioner shall advise the program administrator of the commissioner's action on the appeal no later than 30 days after receipt of the written appeal. If the program administrator is not satisfied with the commissioner's action on the appeal, the program administrator may request a contested case hearing to be conducted by the Office of Administrative Hearings. Following the report of the administrative law judge, the commissioner shall make a final decision in accordance with Minnesota Statutes, chapter 14. While the appeal is in process with the Office of Administrative Hearings, the adult community-based residential correctional facility may continue to operate unless there are life and safety or public safety issues.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 1279; 36 SR 635
Minn. R. 2920.1500 Limitation on License Renewal
When an adult community-based residential correctional facility license has been revoked or not renewed because the facility is not in compliance with this chapter and the facility presents a risk to public safety, it shall not be inspected and granted a new license for a period of one year following the revocation, denial, or nonrenewal. A new license is granted when the facility is in compliance with this chapter.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.1600 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.1700 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.1800 Legal Status of and Authority for Adult Community-Based Residential Correctional Facility
Subpart 1. Legal entity.
It is mandatory that the public or private agency operating an adult community-based residential correctional facility is a legal entity or part of a legal entity.
Subp. 2.
[Repealed, 9 SR 1655]
Subp. 3.
[Repealed, 9 SR 1655]
Subp. 4. Written statement.
It is mandatory that the facility has a written statement clearly stating its mission, the population serviced, and the type of services provided. This must be done in a form suitable for distribution to staff, residents, referral sources, funding agencies, and the general public.
Subp. 5. Governing body advisory board.
It is mandatory that the facility has a governing board composed of the president, secretary, and treasurer. The program administrator may be on the board. There may be an advisory board with membership from the specific target group and the immediate neighborhood population and additional membership according to the size and function of the individual facility.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.1900 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.2000 Meetings to Be Held
The governing board of the facility shall hold meetings at least biannually in order to establish policy and ensure conformity to legal and fiscal requirements.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2100 Record Maintenance
The facility shall maintain records of its activities, including the minutes of board meetings, financial data, and statistical information. The records are subject to review by the commissioner.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2200 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.2300 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.2400 Articles of Incorporation or Constitution
It is mandatory that the facility have a constitution or articles of incorporation that meet all of the legal requirements of the governmental jurisdiction in which the facility is located.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2500 Management; General
It is mandatory that the facility is managed by a single administrative officer who shall implement the policies of the board.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2600 Monitoring System
The facility shall have a system to monitor the program through inspections and reviews by the program administrator or designated staff.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2700 Operations Manual
The adult community-based residential correctional facility shall have a policy and procedure manual that defines the philosophy and method for operating and maintaining the facility. This manual must be made available to all employees, reviewed annually, updated as needed, and used to train employees. The manual must include the following chapters:
A. standards required by this chapter;
B. administration and organization;
C. fiscal management;
D. personnel;
E. training;
F. admissions, orientation, property procedures, and discharge;
G. resident activities;
H. resident records;
I. medical and health care services;
J. resident rules and discipline;
K. communication, mail, and visiting;
L. safety and emergency;
M. security and resident accountability;
N. sanitation and hygiene; and
O. food service. The program administrator or designee shall annually review the policy and procedure manual. The review must be documented in writing sufficient to indicate that policies and procedures have been reviewed and amended as appropriate to facility changes.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.2800 Bylaws
Bylaws shall meet all the legal requirements of the governmental jurisdiction in which the facility is located, and shall include provisions for regular and special meetings, and for recording of minutes.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.2900 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.3000 Annual Written Budget
The program administrator or designated employee shall prepare an annual written budget of anticipated revenues and expenditures which is approved by the governing board.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.3100 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.3200 Financial Audit
The facility fiscal process must include an annual financial audit.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.3300 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.3400 Written Fiscal System
The facility shall have a written fiscal system that accounts for all income and expenditures on an ongoing basis and shall include internal controls, petty cash, bonding, signature control on checks, resident funds, and employee expense reimbursement.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.3500 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.3600 Insurance Coverage
It is mandatory that the facility have professional liability insurance, workers' compensation, and physical plant insurance.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.3700 Personnel Policies; General
Subpart 1. Written policies.
There shall be written personnel policies for personnel employed by the adult community-based residential correctional facility, which specify salaries, increments, hours of work, work schedule, benefits, periodic performance evaluation, and other conditions of employment.
Subp. 2. Policies available to employees.
Personnel policies shall be available to each employee upon employment. The facility shall inform each employee of the duties assigned to the employee, a position and organizational chart showing all of the positions in the agency, general conditions which constitute grounds for dismissal and suspension, and a grievance procedure. The grievance procedures shall allow the aggrieved party to bring the grievance to at least one level above the employee's supervisor.
Subp. 3. Policies available to commissioner.
The personnel policies shall be available to the commissioner.
Subp. 4.
[Repealed, 36 SR 635]
Subp. 5. Consistent care arrangements in absence of regular staff.
During the absence of regular staff for time off, vacation, and sick leave, arrangements shall be provided to ensure consistent care of the residents.
Subp. 6. Availability of staff.
It is mandatory that the facility have staff available or on call 24 hours a day, seven days a week, on duty and awake.
Subp. 7. Ratio of staff to licensed capacity.
It is mandatory that the ratio of staff to residents must be at least one staff person for every 40 residents on site. The facility must have staff appropriate to the provided programming.
Subp. 8. Maintenance of personnel record.
The facility shall make provisions for, and allow time for, a personnel record to be kept for each staff member which includes date of beginning and end of employment, hours, salary or wages, qualifications, evaluations, resume or application, references, and training sessions.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.3800 Training Program
Subpart 1. Orientation session for new employees.
It is mandatory that the facility provide an orientation session for new employees. There must be a minimum of 30 hours of training that is relevant to staff duties and the population served. The training must be documented.
Subp. 2. In-service training program.
It is mandatory that the facility have a yearly training plan. The facility shall provide a minimum of 16 hours per year of training to help staff meet the individual and group needs of residents. The training must be relevant to the staff member's duties. The training must be documented.
Subp. 3.
[Repealed, 36 SR 635]
Subp. 4. First aid training.
Employees who provide direct service to residents must have first aid and cardiopulmonary resuscitation (CPR) training. Certificates or documents verifying current training must be kept in the staff member's file. Training must be provided by a certified instructor. At least one staff member in the facility must have current first aid and CPR training.
Subp. 5.
[Repealed, 36 SR 635]
Subp. 6.
[Repealed, 9 SR 1655]
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.3900 Mantoux Test or Chest X-Ray Required
It is mandatory that staff and residents be screened for tuberculosis according to Minnesota Statutes, section 144.445.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.4000 Qualifications of Staff
Subpart 1.
[Repealed, 9 SR 1655]
Subp. 2. Program administrator.
The program administrator must have at least a Bachelor of Arts degree in any of the human services fields, or equivalent education and two years of work experience in corrections, social service, or administration.
Subp. 3. Direct service staff.
The direct service staff shall have a high school diploma or equivalency and work or volunteer experience in corrections or related fields and must be selected on the basis of the ability to perform assigned tasks. Staff with primarily security functions must have a high school diploma or equivalency and the ability to perform the assigned tasks.
Subp. 4.
[Repealed, 9 SR 1655]
Subp. 5. Requirements.
All staff shall be at least 18 years of age and have a criminal record background check before employment at the facility. A staff member may not be a resident of the program. Unpaid students and volunteers providing services are not considered staff. An adult community-based residential correctional facility may hire or retain a staff member or prospective staff member who has a felony criminal conviction. The prospective staff member must no longer be on active correctional supervision. The facility must notify the commissioner of this fact and provide relevant information about the decision.
Subp. 6. Job descriptions.
The facility must have a written job description for all positions that define responsibilities, duties, and qualifications.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.4100 Students or Volunteers
When students or volunteers are used in adult community-based residential correctional facilities, a written policy and procedure must provide that a staff member is responsible for coordinating the volunteer service program. The policy must include the following elements:
A. lines of authority, responsibility, and accountability for the volunteer services;
B. a procedure for the screening and selection of volunteers that includes background screening;
C. an orientation training program appropriate to the nature of the assignment;
D. a requirement that volunteers agree in writing to abide by all program rules and policies, particularly relating to confidentiality of information; and
E. a statement that the program administrator may discontinue a volunteer activity at any time by written notice.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.4200 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.4300 Admissions Policies
The adult community-based residential correctional facility shall establish clearly defined and written admissions policies and procedures, which state the age range, sex, and characteristics of acceptable clients. Admission policies must be available to be disseminated to all referral sources and the commissioner. The referral agency must provide the name, date of birth, and the authority a particular person holds before the person is admitted to the facility.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.4400 Admission Form
The adult community-based residential correctional facility referral form on each client to be admitted into residency includes at a minimum:
A. name;
B. address;
C. date of birth;
D. sex;
E. reason for referral;
F. whom to notify in case of emergency;
G. date information gathered;
H. signature of both interviewee and interviewer gathering information;
I. name of referring agency of committing authority;
J. special medical problems or needs;
K. legal status, including jurisdiction, length, and conditions of placement;
L. financial arrangements for medical care;
M. financial arrangements for placement;
N. present medications;
O. driver's license or Minnesota state identification number; and
P. vehicle title and vehicle insurance, if applicable.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.4500 [Repealed, 9 SR 1655]
[Repealed, 9 SR 1655]
Minn. R. 2920.4600 Resident Admission
At the time of admission, the staff shall discuss general program goals, services available, expectations for successful completion of the program, program rules, and possible disciplinary actions with the residents. This information must be documented in writing and readily accessible to residents.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.4700 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.4800 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.4900 Resident Records
Subpart 1. Space.
The facility must provide space for the safe storage of records.
Subp. 2. General.
The facility must maintain accurate and complete case records, reports, and statistics necessary for the conduct of its program. Appropriate safeguards must be established to protect the confidentiality of the records, and minimize the possibility of theft, loss, or destruction.
Subp. 3. Plan.
Facility staff and the resident shall develop a written service plan that specifies the needs of the resident; the expected goals and objectives of the individualized plan; the participation of the resident, staff, support services, and community resources in the attainment of these goals and objectives; and the resident's progress in meeting the goals.
Subp. 4. Records.
Residents' records must be incorporated into individual folders and filed or maintained though advanced technology such as microfiche or computerized record systems that permit a resident's record to be readily accessed at one source.
Subp. 5. Summary of resident's progress.
The record must include a summary of the resident's progress. These reports must be recorded regularly and must include the following:
A. significant incidents, both positive and negative;
B. changes in family situation;
C. future planning;
D. summary of resident's development;
E. grievances; and
F. disciplinary actions, if any.
Subp. 6. Correspondence.
All professional correspondence relevant to the resident must be kept in the record.
Subp. 7. Sex offenders.
If the facility agrees to take residents that fall under the community notification law as provided by Minnesota Statutes, section 244.052, and the predatory offender registration law as provided by Minnesota Statutes, sections 243.166 and 243.167, it is mandatory that there are policies and procedures to ensure that appropriate paperwork has been completed and the appropriate people are notified before the resident is released.
Subp. 8. Data privacy.
The facility must inform residents admitted to the program of the information gathered by the facility and to whom the information will be disseminated. The facility must have a policy regarding the sharing of nongovernmental data. Minnesota Statutes, section 13.05, subdivision 6, requires that when there is a contract with a governmental agency the data must be administered consistent with Minnesota Statutes, chapter 13. This may include mandatory reporting under Minnesota Statutes, chapter 260E.
Subp. 9. Sharing of data with those in resident's service plan.
The facility must share the content of the resident's record and data collected by the facility with individuals or agencies that have legal jurisdiction. Upon admission, the facility must inform residents about data practice policies and have residents sign consent forms, if appropriate.
Subp. 10. Law enforcement.
The facility must inform residents what information collected and maintained by the facility is provided to law enforcement.
Subp. 11. Written policy concerning consent form.
The facility must have a release of information consent form, which includes:
A. name of person, agency, or organization requesting information;
B. name of person, agency, or organization releasing information;
C. the specific information to be disclosed;
D. the purpose or need for the information;
E. date consent form is signed;
F. signature of the resident;
G. signature of an individual witnessing resident signature;
H. date consent form expires; and
I. that the authorization can be withdrawn in writing.
Subp. 12. Policy.
The facility must develop a policy for the classification and retention of resident and personnel files. The records must be maintained for a minimum of three years unless laws or contracts require that the records be retained longer. The facility must incorporate any applicable state and federal laws regarding data classification.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5000 Involvement of Resident in Family and Community Activities
Subpart 1. Plan.
It is mandatory that the adult community-based residential correctional facility has a written policy and procedures that provide increasing opportunities and privileges for resident involvement with family and in community activities prior to final release.
Subp. 2. Involvement in community.
It is mandatory that the facility uses community resources where appropriate to assist residents:
A. in learning to use leisure time constructively;
B. in finding suitable employment;
C. in locating financial assistance through community resources;
D. in education and vocational training programs; and
E. with services to become self-sufficient, including assistance in obtaining housing, transportation, medical and dental services, and money management.
Subp. 3. Visitation.
It is mandatory that the program administrator develops and implements a visiting policy. The policy must be in writing and include:
A. a schedule of visiting hours that includes the days and times for visits;
B. visiting rules that:
C. policy regarding what visitors are permitted to bring to the visit.
Subp. 4. Correspondence.
It is mandatory that the facility have a written policy and procedure that governs resident correspondence. The volume of written mail to or from a resident must not be restricted. If a facility restricts or inspects mail, the facility must have a written policy and procedure which requires:
A. when resident letters, both incoming and outgoing, may be opened and inspected for contraband;
B. that residents are notified when incoming or outgoing letters are rejected;
C. that letters must not be read or censored if the letters are between a resident and an elected official, officials of the Department of Corrections, attorneys, or other officers of the court, but inspection of incoming mail from the specified class of persons noted may be opened to inspect for contraband in the presence of the resident; and
D. that residents are notified of any restrictions in the amount of money the resident may have at the facility.
Subp. 5. Telephone access.
It is mandatory that the facility have a written policy and procedure that provides for resident access to a telephone, including:
A. requiring attorney or resident telephone consultation to be private;
B. permitting residents telephone access to maintain contact with family members or significant others; and
C. requiring documentation for denial of telephone access or contact with specific people.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5100 Work Assignments
The facility must have policy and procedures regarding in-house work assignments. Required work assignments must be appropriate to residents' ages and ability. Residents may not be required to perform work that is inappropriate for them for physical reasons. Safety measures shall be established when work could be deemed hazardous.
Residents may not be required to perform personal duties for staff or replace employed staff.
Written policy must include a system of periodic checks of residents at their place of employment.
If staff wish to enter into business arrangements or financial transactions with residents, all transactions must be approved by the program administrator. The agreement and approval must be documented.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5200 Adult Community-Based Residential Correctional Facility Rules and Grievances
The facility must establish a method whereby residents and staff review group, resident, or program problems; and review rules, changes in rules, and procedures in the facility.
A written grievance procedure must be made available to each resident that outlines the grievance procedure and the appeal process.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5300 Religion
It is mandatory that facility policy requires that each resident has the right to freedom of religious affiliation and voluntary religious worship, providing that the exercise of these rights does not directly interfere with the reasonable security and program structure, rules, and expectations.
It is mandatory that programs with a religious component have written policies and procedures regarding religious programming and expectations.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5400 Food Service
Subpart 1. Sanitation and health regulations.
When the facility provides or contracts for food service, the service must comply with and meet all sanitation and health regulations.
Subp. 2. Health rules.
Food service must be provided according to parts 4626.0010 to 4626.1820.
Subp. 3. Dietary standards.
It is mandatory that facility menus meet recognized dietary standards. A facility's menu content and cycle must be reviewed at least biennially by a registered dietitian or nutritionist to ensure compliance with the rules specified in subpart 2 unless there have been no changes to the menu. The review and findings must be documented and kept on file.
Subp. 4. Manager.
If the facility is preparing the meals, the facility must have a certified food manager.
Subp. 5. Therapeutic diets.
A facility must have policies and procedures to address therapeutic diets that have been ordered by a physician.
Subp. 6. Religious diets.
A facility must have a written policy and procedure that addresses requests for special diets by residents to accommodate religious dietary laws.
Subp. 7. Substitutions.
A facility must keep records of one menu rotation and substitutions actually served. Substitutions must be of equal nutritional value.
Subp. 8. Hot meals.
One of the meals served daily must be a hot meal.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5500 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.5600 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.5700 Discipline and Disciplinary Action
It is mandatory that if disciplinary action is necessary, the following rules must be observed:
A. the adult community-based residential correctional facility shall have written policies that are available to the residents and staff regarding methods used for control and discipline;
B. disciplinary action may not be delegated to other residents;
C. residents shall not be denied food, mail, or sleep as punishment;
D. physical punishment or any kind of punishment inflicted on the body, such as slapping, shall not be used;
E. physical force shall be used only in instances of justifiable self-protection, protection of others, and prevention of property damage, and only to the degree necessary to control the situation. The action taken shall be documented and placed on file;
F. written policy and procedures must ensure that room restriction, if used, does not exceed eight hours and that staff make contact with the resident at least hourly to ensure the well-being of the resident;
G. written policy must ensure that restriction to the facility for more than 72 hours, excluding holidays and weekends, requires a review by a person or panel of staff who are not directly involved in the incident leading to the restriction;
H. all instances of disciplinary action must be documented, dated, and signed by staff implementing the action; and
I. written policy and procedures must ensure supervisory review of major violations and disciplinary actions.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.5800 Repealed by subpart
Subpart 1.
[Repealed, 36 SR 635]
Subp. 2.
[Repealed, 9 SR 1655]
Subp. 3.
[Repealed, 36 SR 635]
Subp. 4.
[Repealed, 9 SR 1655]
Subp. 5.
[Repealed, 9 SR 1655]
Subp. 6.
[Repealed, 36 SR 635]
Subp. 7.
[Repealed, 36 SR 635]
Subp. 8.
[Repealed, 36 SR 635]
Minn. R. 2920.5900 Security Procedures
Written policies regarding security measures are required and must include:
A. that the staff shall maintain a system of accounting for the residents at all times;
B. that the facility shall have written procedures for the reporting of absconders;
C. that the facility shall notify appropriate probation officers, parole officers, victims, if legally required, and other relevant officials as soon as it has been determined that a resident is missing;
D. that the written policy shall prohibit weapons of any kind from being brought into the facility except by peace officers during the course of duties. The facility may have policy regarding the use of chemical agents by trained staff members; and
E. a key inventory system for facility and resident keys.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6000 Personal Possessions
Subpart 1. General.
Each resident shall be allowed to bring appropriate personal possessions to the adult community-based residential correctional facility and shall be allowed to acquire possessions to the extent the facility is able to accommodate possessions.
Subp. 2. Contraband defined.
The facility shall have written definitions of what is considered contraband.
Subp. 3. Information concerning prohibited items.
Information shall be made available to the residents, family members, and friends concerning what personal possessions and kinds of gifts are prohibited.
Subp. 4. System of accounting.
Policy must dictate the system of accounting for the resident's personal items if stored in the facility and a procedure to be followed for dispersal of these items if a resident absconds or leaves the facility without taking these items. The facility must have the resident designate a person who may pick up property and dispose of it under specified circumstances. The facility must make a reasonable effort to keep property safe during this period of time.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6100 Public Reports, Statements, or Appearances
Subpart 1. General.
Residents shall not be required to make public statements acknowledging their gratitude to the program and shall not be required to perform or appear at public gatherings.
Subp. 2. Written consent requirement.
The facility shall not use reports or pictures from which residents can be identified without written consent from the resident. The signed consent form shall be on file at the facility before any reports or pictures from which residents can be identified are used. The signed consent form shall indicate how the information shall be used.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.6200 Searches
In compliance with applicable laws, the facility shall maintain and post written policies and procedures for conducting searches of residents, their belongings, and all areas of the facility to control contraband and locate missing or stolen property. The facility must have a policy that addresses searches of visitors.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6300 Compliance with Laws
It is mandatory that the facility comply with zoning codes, building codes, housing codes, and health and fire codes.
It is the responsibility of the program administrator to request necessary inspections. Health and fire inspections must be done as required by the health and fire department.
Written documentation that all building and zoning codes are met must be on file at the facility.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6400 Fire Safety; Policy and Procedures
Written policy and procedures must specify the facility's fire prevention regulations and practices. New staff must be trained on these procedures during facility orientation. These procedures must include:
A. provision for an adequate fire protection service;
B. a system of fire inspection and testing of equipment determined by the local fire official;
C. smoke detectors;
D. annual fire drills and extinguishers; and
E. procedures requiring one staff member to be knowledgeable about potential fire hazards and to make monthly inspections that must be documented.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6500 Disasters and Emergencies; Plans and Procedures
Subpart 1. Plans.
There shall be written plans and procedures for meeting potential disasters and emergencies, such as fire, severe weather, or other emergencies. All staff shall be familiar with the procedures for meeting potential disaster.
Subp. 2. Reporting of unusual occurrences.
Incidents of an unusual or serious nature must be reported within ten days of the incident to the Department of Corrections in a manner required by the department. Incidents of an unusual or serious nature include such incidents as:
A. attempted suicide;
B. suicide;
C. homicide;
D. death, by means other than suicide or homicide;
E. serious injury or illness incurred subsequent to placement including incidents resulting in hospitalization for medical care or hospitalization associated with mental health needs;
F. incidents of fire requiring medical treatment of staff or residents or a response by a local fire authority;
G. riot;
H. assaults of one resident by another;
I. assaults of staff by resident;
J. occurrences of infectious diseases and action taken relative to same when a medical authority has determined that the inmate must be isolated from other inmates; and
K. sexual misconduct between residents or between staff and a resident.
Subp. 3. Absconding.
The facility must report absconding and all incidences of litigation filed against the facility resulting from matters related to the placement of a resident on the department quarterly reporting form.
Subp. 4. Emergency notification.
In the event of an emergency such as serious illness, accident, or imminent death, the facility must notify the individuals designated by the resident. Permission for notification must be obtained from the resident prior to need, if possible.
Subp. 5. Resident death.
The facility must have a written policy and procedures to specify actions to be taken in the event of a resident death. The policy and procedures must include such information as:
A. the date, time, and circumstances of the resident's death recorded in the resident's record; and
B. the notification procedure for the Department of Corrections Inspection and Enforcement Unit.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.6600 Buildings and Grounds
Subpart 1. General.
Building and grounds must be clean and in good repair. There must be a maintenance budget for ongoing repair and replacement of equipment for the facility.
Subp. 2. New or renovated buildings.
Building plans and specifications for new construction, conversion of existing buildings, and any structural modifications or additions to existing licensed buildings must be consistent with the purpose of the adult community-based residential correctional facility and must be approved by the commissioner.
Subp. 3. Heating equipment.
Heating equipment shall be in good condition, vented, and capable of maintaining consistent uniform temperatures as well as eliminating drafts. A comfortable temperature range shall be maintained in all rooms occupied by residents.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6700 Bedrooms; Requirements
Subpart 1. Single bedrooms.
Single bedrooms must provide 70 square feet of usable floor space with a side dimension of not less than seven feet for ambulatory residents. For nonambulatory residents, the requirements are 100 square feet of usable floor area with a side dimension of not less than nine feet.
Subp. 2. Multibed bedrooms.
Multibed bedrooms must provide 60 square feet per person of usable floor space with three feet between beds placed side by side, and one foot between beds placed end to end for ambulatory residents. For nonambulatory/nonmobile residents, the multibed bedrooms must provide 80 square feet of usable floor area. Multibed bedrooms for active, nonambulatory, mobile residents must be at least 100 square feet per resident. Mobility space at the end and one side of each bed must not be less than four feet per resident.
Subp. 3. Bedrooms for nonambulatory mobile residents.
Bedrooms for nonambulatory mobile residents shall have adequate accessible space for storage of wheel chairs and other prosthetic or adaptive equipment for daily out-of-bed activity or acceptable similar storage space shall be provided outside the bedroom readily and handily accessible to the resident.
Subp. 4. Separate bedrooms.
Male and female residents may not occupy the same bedrooms.
An exception may be made when there is a parenting component of the program.
Subp. 5.
[Repealed, 36 SR 635]
Subp. 6. Sharing prohibited.
Adults and children may not share bedrooms. An exception may be made when there is a parenting component of the program or when the youth is a certified adult or an extended juvenile jurisdiction youth.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.6800 Furnishings Provided Each Resident
Each resident shall be provided, at a minimum: bed, mattress, supply of bed linen and towels, adequate lighting, and closet/locker space.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.6900 Counseling Space and Visiting Room
Private counseling space must be provided in the facility.
Space must be provided to accommodate group meetings.
A visiting area must be provided for residents to receive and talk with visitors.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.7000 Bathroom Facilities
Every facility must be equipped with adequate and conveniently located toilet rooms for its employees and residents. Washbasins and toilets must be provided in the ratio of one toilet to every ten residents and one washbasin for every six residents. One bath or shower must be available for every eight residents.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655
Minn. R. 2920.7100 Laundry Facility
The facility shall have one washer and one dryer for every 20 residents, or equivalent laundry capacity available in the immediate vicinity of the facility.
History
- Statutory Authority: MS s 241.021
Minn. R. 2920.7200 Transportation
Subpart 1. Policy and procedures.
Written policy and procedures shall govern the use and maintenance of facility motor vehicles.
Subp. 2. Availability.
Transportation shall be available for use in emergencies.
History
- Statutory Authority: MS s 241.021
- History: 36 SR 635
Minn. R. 2920.7300 Environment
The governing body shall designate who is permitted to live in the facility.
An adult community-based residential correctional facility may not have roomers or boarders in the facility without special permission from the program administrator. The facility shall keep the commissioner notified as to the presence of all persons living in the facility other than residents.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.7400 Health Care and Medical Services
Subpart 1. Policy and procedures.
It is mandatory that the facility have written policies and procedures for medical, dental, and psychological emergencies.
Written policies and procedures shall clarify for the staff what medical care may be given by them without specific orders from a licensed medical doctor. The staff shall be instructed as to how to obtain medical care and how to handle emergency cases.
Subp. 2. Medical coverage.
Medical coverage shall be determined for each resident upon admission to the program.
Subp. 3. Medication.
The program health care plan shall adhere to state and federal laws and rules regarding distribution of medications. The plan shall stipulate that medications be administered only as instructed by a licensed physician.
It is mandatory that:
A. the program administrator establish policies and procedures for reviewing the safe use, storage, and disbursement of prescription drugs. The policies must address which medication the residents are not allowed to keep on the resident's person;
B. medications that cannot be kept on the resident's person must be kept in a secured area and documented when given to a resident;
C. there are policies and procedures to address destruction of medication; and
D. there are policies regarding the use of over-the-counter medications.
Subp. 4. Research consent.
A written policy must govern voluntary participation in testing for experimental or research purposes with informed consent.
Subp. 5. First aid.
It is mandatory that the facility shall have first aid equipment available at all times for medical emergencies.
One staff member on each shift of the residential program shall be trained in emergency first aid and cardiopulmonary resuscitation procedures.
Subp. 6. Community health care agencies.
The facility shall maintain working relations with community health care agencies in order to assist residents in meeting their health needs.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.7500 Records and Evaluation of Residents
Subpart 1.
[Repealed, 36 SR 635]
Subp. 2. Medical consent.
In addition to the data required in the intake study, it is mandatory that the resident's record include consent for life-threatening emergencies and emergency dental, medical, and psychiatric care.
Subp. 3. Medical records.
When necessary, the facility must keep medical records or have access to available medical information on a resident.
Subp. 4.
[Repealed, 36 SR 635]
Subp. 5.
[Repealed, 36 SR 635]
Subp. 6.
[Repealed, 9 SR 1655]
Subp. 7.
[Repealed, 36 SR 635]
Subp. 8.
[Repealed, 36 SR 635]
Subp. 9.
[Repealed, 9 SR 1655]
Subp. 10.
[Repealed, 36 SR 635]
Subp. 11.
[Repealed, 36 SR 635]
Subp. 12.
[Repealed, 9 SR 1655]
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.7600 Personnel Records
Subpart 1. General requirement; contents of records.
The adult community-based residential correctional facility shall maintain an accurate personnel record on each employee which shall include:
A. initial application;
B. appropriate results of employment investigation, if done;
C. training and experience verification;
D. wage and salary information;
E. job performance evaluation completed at least annually;
F. training programs which the employee participated in after employment began;
G. documentation of sick leave, leave of absence, and vacation;
H. grievance and disciplinary actions, if any;
I. tuberculosis screening as required by law;
J. dates of employment and termination with reason for termination; and
K. results of a criminal history check.
Subp. 2. Employee access to records.
Employees shall have access to their personnel files.
History
- Statutory Authority: MS s 241.021
- History: 9 SR 1655; 36 SR 635
Minn. R. 2920.7700 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.7800 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Minn. R. 2920.7900 [Repealed, 36 SR 635]
[Repealed, 36 SR 635]
Chapter 2925 GROUP FOSTER HOMES
Minn. R. 2925.0100 Repealed by subpart
Subpart 1.
[Repealed, 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Subp. 3.
[Repealed, 28 SR 211]
Subp. 4.
[Repealed, 28 SR 211]
Subp. 5.
[Repealed, 28 SR 211]
Subp. 6.
[Repealed, 28 SR 211]
Subp. 7.
[Repealed, 28 SR 211]
Subp. 8.
[Repealed, 28 SR 211]
Subp. 9.
[Repealed, 28 SR 211]
Subp. 10.
[Repealed, 28 SR 211]
Subp. 11.
[Repealed, 28 SR 211]
Subp. 12.
[Repealed, 28 SR 211]
Subp. 13.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 14.
[Repealed, 28 SR 211]
Subp. 15.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 16.
[Repealed, 28 SR 211]
Subp. 17.
[Repealed, 28 SR 211]
Subp. 18.
[Repealed, 28 SR 211]
Subp. 19.
[Repealed, 28 SR 211]
Subp. 20.
[Repealed, 28 SR 211]
Subp. 21.
[Repealed, 28 SR 211]
Subp. 22.
[Repealed, 28 SR 211]
Subp. 22a.
[Repealed, 28 SR 211]
Subp. 23.
[Repealed, 28 SR 211]
Subp. 24.
[Repealed, 28 SR 211]
Minn. R. 2925.0200 Repealed by subpart
Subpart 1.
[Repealed, 28 SR 211]
Subp. 2.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 3.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 4.
[Repealed, 9 SR 1656; 28 SR 211]
Minn. R. 2925.0300 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.0400 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.0500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.0600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.0700 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.0800 Repealed by subpart
Subpart 1.
[Repealed, 28 SR 211]
Subp. 2.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 3.
[Repealed, 28 SR 211]
Subp. 4.
[Repealed, 28 SR 211]
Subp. 5.
[Repealed, 28 SR 211]
Subp. 6.
[Repealed, 28 SR 211]
Subp. 7.
[Repealed, 28 SR 211]
Minn. R. 2925.0900 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.1000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.1100 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.1200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.1300 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.1400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.1500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.1600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.1700 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.1800 Repealed by subpart
Subpart 1.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Subp. 3.
[Repealed, 28 SR 211]
Subp. 4.
[Repealed, 28 SR 211]
Subp. 5.
[Repealed, 28 SR 211]
Minn. R. 2925.1900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2000 Repealed by subpart
Subpart 1.
[Repealed, 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Subp. 3.
[Repealed, 9 SR 1656; 28 SR 211]
Minn. R. 2925.2100 Repealed by subpart
Subpart 1.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Minn. R. 2925.2200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2300 Repealed by subpart
Subpart 1.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Minn. R. 2925.2400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2500 Repealed by subpart
Subpart 1.
[Repealed, 9 SR 1656; 28 SR 211]
Subp. 2.
[Repealed, 28 SR 211]
Subp. 3.
[Repealed, 28 SR 211]
Subp. 4.
[Repealed, 28 SR 211]
Minn. R. 2925.2600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.2950 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3000 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.3100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3200 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.3300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3400 [Repealed, 9 SR 1656]
[Repealed, 9 SR 1656]
Minn. R. 2925.3500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.3900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.4000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2925.4100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Chapter 2930 SECURE JUVENILE DETENTION FACILITIES
Minn. R. 2930.0100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.0900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.1900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.2900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.3900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.4900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.5900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.6900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.7900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.8900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2930.9900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Chapter 2935 JUVENILE RESIDENTIAL FACILITIES
Minn. R. 2935.0100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0410 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.0900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.1900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.2900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.3900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4010 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4310 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4320 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4330 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.4900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.5900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.6900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.7000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2935.7100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Chapter 2940 HEARINGS AND RELEASE UNIT
Minn. R. 2940.0100 Definitions
Subpart 1. Scope.
As used in this chapter, the following terms have the meanings given them in this part.
Subp. 2. Availability.
"Availability" means the date on which the offender has made bail, bond, or has been released on personal recognizance or no bail required; or completed any local incarceration time which results from a misdemeanor, gross misdemeanor, or felony stayed sentence.
Subp. 3.
[Repealed, 50 SR 1091]
Subp. 4.
[Repealed, 50 SR 1091]
Subp. 5.
[Repealed, 50 SR 1091]
Subp. 6. Commissioner.
"Commissioner" means the commissioner of corrections.
Subp. 7. District supervisor.
"District supervisor" means a Department of Corrections field supervisor.
Subp. 8. Executive officer of hearings and release.
"Executive officer of hearings and release" means the person to whom the commissioner of corrections has delegated the authority for granting parole and work release; for revoking parole, work release, and supervised release; and for granting discharge from an indeterminate sentence.
Subp. 9.
[Repealed, 50 SR 1091]
Subp. 10.
[Repealed, 50 SR 1091]
Subp. 11.
[Repealed, 23 SR 808]
Subp. 12.
[Repealed, 50 SR 1091]
Subp. 13. Inmate.
"Inmate" means a person committed to the jurisdiction of the commissioner who is imprisoned in a correctional facility or other place designated by the commissioner.
Subp. 14.
[Repealed, 50 SR 1091]
Subp. 15.
[Repealed, 23 SR 808]
Subp. 16. Near the site.
"Near the site" means a place not to exceed 50 miles from the site of the alleged violation.
Subp. 17. Parole.
"Parole" means that portion of an indeterminate sentence served by an inmate in the community under supervision and subject to prescribed rules.
Subp. 18. Probable cause.
"Probable cause" means a finding by a court in an omnibus hearing or by a hearing officer in a probable cause hearing.
Subp. 19. Probable cause hearing.
"Probable cause hearing" means a hearing held to determine if there are reasonable grounds for belief that one or more conditions of release may have been violated.
Subp. 20.
[Repealed, 50 SR 1091]
Subp. 21.
[Repealed, 50 SR 1091]
Subp. 22.
[Repealed, 50 SR 1091]
Subp. 23.
[Repealed, 50 SR 1091]
Subp. 24.
[Repealed, 50 SR 1091]
Subp. 25.
[Repealed, 50 SR 1091]
Subp. 26. Releasee.
"Releasee" means a person on parole, work release, or supervised release status from a correctional facility who is under sentence to the commissioner.
Subp. 27.
[Repealed, 50 SR 1091]
Subp. 28. Revocation hearing.
"Revocation hearing" means a hearing held for the purpose of determining whether cause exists for the revocation of parole, work release, or supervised release and for determining whether parole, work release, or supervised release should be revoked and for setting the term of reimprisonment to be served by the violator.
Subp. 29. Risk to the public.
"Risk to the public" means the degree to which an individual is likely to cause injury, damage, loss, pain, or peril to the public or to engage in unlawful sexual behavior involving a victim.
Subp. 30.
[Repealed, 23 SR 808]
Subp. 31. Supervised release.
"Supervised release" means that portion of a determinate sentence served by an inmate in the community under supervision and subject to prescribed rules, adopted in accordance with Minnesota Statutes, section 244.05.
Subp. 32. Supervising agent.
"Supervising agent" means the parole and probation agent who is assigned to the individual on parole, work release, or supervised release status.
Subp. 33. Working days.
"Working days" means all working days exclusive of legal holidays and weekends.
Subp. 34. Work release.
"Work release" means an extension of confinement in which inmates are conditionally released to work at gainful employment, seek employment, or participate in vocational or educational training in the community while serving their sentence in accordance with Minnesota Statutes, section 241.26.
History
- Statutory Authority: MS s 14.388; 14.3895; 241.26; 243.05
- History: L 1983 c 274 s 18; 8 SR 2298; 23 SR 808; 50 SR 1091
Minn. R. 2940.0200 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0300 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0400 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0500 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0600 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0700 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0800 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.0900 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1000 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1100 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1200 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1300 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1400 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1500 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1600 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1700 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1800 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.1900 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2000 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2100 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2200 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2300 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2400 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2500 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2600 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2700 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2800 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.2900 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.3000 Grounds for Warrants
Warrants may be issued for the apprehension and detention of parolees, supervised releasees, and work releasees who are:
A. alleged to have violated the conditions of their release;
B. convicted of a new felony and who represent a risk either by absconding or who have a probability of committing acts which are dangerous to the community; or
C. the subject of detainers in appropriate cases. When warrants have been issued as detainers for releasees who are being prosecuted for new charges, including violations which are misdemeanors, gross misdemeanors, or felonies, the revocation process shall not begin until the court process has concluded. The court process will be considered concluded by dismissal of charges, a finding of not guilty, or the completion of any local incarceration time imposed by the court.
History
- Statutory Authority: MS s 241.26; 243.05
- History: 8 SR 2298
Minn. R. 2940.3100 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.3200 Issuance of Warrants
The executive officer of hearings and release shall have the authority to issue nationwide or statewide warrants on a case-by-case basis in accordance with the procedures in items A to D.
A. After consultation with his or her supervisor, the supervising agent shall submit a violation report to the executive officer of hearings and release who shall make the final decision regarding the issuance of a warrant.
B. In emergency situations, the supervising agent shall request authorization for the warrant by telephone. The supervising agent shall call the hearings and release unit and provide the necessary information for warrant authorization.
C. Upon approval of the emergency warrant, the hearings and release unit shall provide the fugitive unit with the necessary information, and instruct the fugitive unit to issue the warrant.
D. If an emergency warrant is issued, a written violation report must be received by the hearings and release unit within five working days.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808; L 1999 c 86 art 1 s 82
Minn. R. 2940.3300 Other Orders
The executive officer of hearings and release shall have the authority to issue orders revoking parole, supervised release, or work release; to stop the time from running on the sentences of releasees who have absconded, and to start the running of the time on the inmate's sentence.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.3400 Hold Orders
Apprehension and detention orders may be issued by the executive officer of the hearings and release unit or a district supervisor upon written reasons submitted by a supervising agent under authority of Minnesota Statutes, section 243.05. No releasee shall be detained under an apprehension and detention order for more than 72 hours unless revocation proceedings have been initiated by the supervising agent.
History
- Statutory Authority: MS s 241.26; 243.05
- History: 8 SR 2298; L 1999 c 86 art 1 s 82
Minn. R. 2940.3500 Revocation Hearing
Subpart 1. Location.
Revocation hearings whenever possible must be held in the community where the conviction of the violation of a standard or condition occurred. Separate probable cause hearings may be held if circumstances warrant.
Subp. 2. When held.
All revocation or separate probable cause hearings must be held within 12 working days of the releasee's availability to Department of Corrections.
Subp. 3. Outside metropolitan area.
Outside the metropolitan area, as defined by Minnesota Statutes, section 473.121, revocation or separate probable cause hearings shall be conducted by a Department of Corrections district supervisor other than the supervising agent's supervisor. In cases of special need, the executive officer of hearings and release may conduct the revocation or separate probable cause hearings outside the metropolitan area.
Subp. 4. Within metropolitan area.
Within the metropolitan area the hearings shall be conducted by the executive officer of hearings and release.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.3600 Revocation Grounds
Grounds for the revocation of parole, work release, or supervised release are as follows in items A to C.
A. Conviction of a felony, gross misdemeanor, any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or repeated traffic offenses other than parking violations. Acknowledgment in the form of a confession under oath in open court before a judge may be considered a conviction for the purpose of revocation.
B. A finding of probable cause by a court of competent jurisdiction or a grand jury indictment shall be considered grounds to hold the offender in custody unless and until the releasee is found not guilty.
C. Violation of any standard or special condition of parole or supervised release.
History
- Statutory Authority: MS s 241.26; 243.05
- History: 8 SR 2298
Minn. R. 2940.3700 Actions
If the executive officer of hearings and release or a district supervisor finds that releasees are in violation of their parole, work release, or supervised release, the following actions may be taken:
A. counsel the releasee and continue parole, work release, supervised release without modification;
B. modify and enlarge the conditions of release; or
C. revoke parole, work release, or supervised release and return the releasee to imprisonment for an appropriate period of time not to exceed the time remaining on the releasee's sentence.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.3800 Reimprisonment
Offenders who have violated the conditions of parole or supervised release and who have been returned to institutional status shall be assigned a release date and a term of reimprisonment, as follows:
A. up to six months inclusive of any time spent in jail in connection with the violation, for violations of conditions of parole or supervised release other than convictions of or involvement in criminal activity;
B. up to six months for convictions of misdemeanors or gross misdemeanors;
C. six months to expiration of sentence for conviction of a felony; and
D. depending on the time remaining to be served on the sentence, the type of violation, and the needs of the offender, up to expiration of the sentence may be assigned as the term of reimprisonment if there is a finding of risk to the public or if repeated violations of the conditions of release occur and the releasee is determined to be unamenable to supervision by the executive officer of hearings and release. The term of reimprisonment under items A to C may be either concurrent or consecutive to incarceration time imposed by a court of law and served locally.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.3900 Revocation Procedures; Investigation and Report
Supervising agents shall investigate all alleged violations of release and after consultation with their supervisor determine whether grounds exist to begin revocation procedures. If grounds are found to exist justifying the initiation of revocation procedures, a violation report must be submitted to the executive officer of hearings and release together with a recommendation as to the issuance of a warrant directing the apprehension and detention of the releasee pending a hearing.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.4000 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.4100 Initiation of Revocation Proceedings
If the executive officer of the hearings and release unit determines that revocation proceedings shall be initiated, the supervising agent shall be notified in writing. The executive officer of the hearings and release unit shall send a copy of the violation report to the State Public Defender's Office at the same time that agent is notified to begin revocation proceedings.
History
- Statutory Authority: MS s 241.26; 243.05
- History: 8 SR 2298; L 1999 c 86 art 1 s 82
Minn. R. 2940.4200 Duties of Supervising Agent
Upon receipt of the notice to begin revocation proceedings, the supervising agent shall have the duties in items A to F.
A. The agent shall give the releasee a copy of the violation report.
B. The supervising agent shall advise the releasee of the purpose of the hearing; the right to a hearing; the right to the assistance of counsel of choice or the services of the State Public Defender; the right to present evidence and to confront and cross-examine witnesses; and the right to admit the violations of release.
C. If the releasee signs the admission of violations form, the supervising agent shall notify the fugitive unit to transport the violator to a correctional facility designated by the commissioner.
D. Upon return to the correctional facility, the releasee shall be provided with a dispositional hearing within 15 working days at which the supervising agent is not required to be present.
E. If the releasee requests a revocation hearing, the supervising agent shall call the hearings and release unit to coordinate a date and time for the hearing.
F. Upon receiving the date and time for the hearing, the supervising agent shall prepare a notice of hearing form, make six copies of the rules of release, six copies of any written evidence, and distribute one set of each according to the distribution indicated on the notice of revocation hearing form. If the releasee is in custody pursuant to a warrant issued by the hearings and release unit, the hearing shall be held within 15 working days immediately after detention, unless good cause is shown for a continuance. At the time notice is given to the releasee, notice shall be sent to the State Public Defender or private counsel.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 17 SR 1279; 23 SR 808
Minn. R. 2940.4300 Revocation Hearing
The revocation hearing shall be held near the site of the alleged violation, and conducted by the executive officer of hearings and release or a district supervisor who does not directly supervise the supervising agent alleging the violation. If parole, supervised release, or work release is revoked, the releasee shall be imprisoned in a place determined by the commissioner. Releasees may admit the alleged violations any time prior to the hearing. The admission must be in writing, and releasees must have been notified of the consequences of their admission, including that they may be returned to a correctional facility for a term of imprisonment specified by the executive officer of hearings and release or a district supervisor.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.4400 Warrants
Subpart 1. General requirement.
Unless taken into custody by a supervising agent under the authority of Minnesota Statutes 1983 Supplement, section 243.05, a releasee shall not be taken into custody unless a warrant is issued by the executive officer of hearings and release.
Subp. 2. Content.
Requests for hold orders or warrants must allege the specific facts upon which the alleged violation is based, indicate the sources of information, and cite reasons why detention pending the hearing is necessary.
Subp. 3. Absconding from supervision.
Warrants may be issued in all cases where a releasee has absconded from supervision. Issuance of warrant under these circumstances and the revocation of parole, supervised release, or work release shall stop the time from running on the sentence until the releasee is returned to custody. In all cases where a releasee is returned from out of state, whether by extradition proceedings or waiver of extradition, the hearing shall be held at a location determined by the executive officer of hearings and release.
History
- Statutory Authority: MS s 14.388; 241.26; 243.05
- History: 8 SR 2298; 23 SR 808
Minn. R. 2940.4500 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Minn. R. 2940.4600 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.4700 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.4800 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.4900 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5000 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5100 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5200 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5300 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5400 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5500 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5600 [Repealed, 23 SR 808]
[Repealed, 23 SR 808]
Minn. R. 2940.5700 [Repealed, 50 SR 1091]
[Repealed, 50 SR 1091]
Chapter 2945 MUNICIPAL JAIL FACILITIES
Minn. R. 2945.0100 Definitions
Subpart 1. Scope.
For the purpose of this chapter, the following terms have the meanings given them.
Subp. 2.
[Repealed, 39 SR 1203]
Subp. 3. Approved capacity.
"Approved capacity" means the maximum number of detainees that any cell, room, unit, building, facility, or combination of them is approved for in compliance with the standards.
Subp. 4. Average daily population.
"Average daily population" means the average number of detainees residing daily during the last calendar year. Detainees on furlough or hospitalized are excluded.
Subp. 5. Class I municipal lockup facility.
"Class I municipal lockup facility" means an adult detention facility operated by a municipal government used to confine detainees for more than 48 hours and no more than 72 hours, excluding weekends and holidays.
Subp. 6. Class II municipal lockup facility.
"Class II municipal lockup facility" means an adult detention facility operated by a municipal government used to confine detainees for up to 48 hours excluding weekends and holidays.
Subp. 7. Class III municipal lockup facility.
"Class III municipal lockup facility" means an adult detention facility operated by a municipal government used to confine detainees for up to 16 hours.
Subp. 8. Class IV municipal lockup facility.
"Class IV municipal lockup facility" means an adult detention facility operated by a municipal government used to confine detainees for up to four hours.
Subp. 9. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Corrections.
Subp. 10. Communicable disease.
"Communicable disease" means a disease or condition that causes serious illness, serious disability, or death, the infectious agent of which may pass or be carried, directly or indirectly, from the body of one person to the body of another.
Subp. 11. Contraband.
"Contraband" means those items designated by the municipal lockup facility as prohibited on the physical premises of the facility.
Subp. 12. Controlled substance.
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I to V of Minnesota Statutes, section 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating liquor, or tobacco.
Subp. 13. Court holding facilities.
"Court holding facilities" means those areas where persons are held in conjunction with a court appearance. Court holding facilities may be secure but are nonresidential in design, and persons are not normally held there beyond four hours.
Subp. 14. Custody personnel.
"Custody personnel" means those staff members or employees who are responsible for the custody and supervision of detainees.
Subp. 15. Department of Corrections; department.
"Department of Corrections" or "department" means the Minnesota Department of Corrections.
Subp. 15a. Detainee.
"Detainee" means an individual, adult or juvenile, detained or confined in a local facility.
Subp. 16.
[Repealed, 39 SR 1203]
Subp. 17. Emergency.
"Emergency" means a significant incident or disruption of normal facility procedures, policies, routines, or activities arising from events such as: fire, riot, natural disaster, suicide, assault, or medical emergency.
Subp. 18.
[Repealed, 39 SR 1203]
Subp. 19. Facility administrator.
"Facility administrator" means the individual who has been delegated the responsibility and authority for the administration and operation of a local facility.
Subp. 20. Holding cell.
"Holding cell" means a cell or room in a lockup facility used to hold one or more persons temporarily while awaiting release, booking, court appearance, transportation, or interrogation.
Subp. 21. Inspection.
"Inspection" means an on-site assessment of existing conditions made to determine the facility's compliance with this chapter.
Subp. 22.
[Repealed, 39 SR 1203]
Subp. 23.
[Renumbered subp 32a]
Subp. 24. Local facility.
"Local facility" means any city lockup.
Subp. 25.
[Repealed, 39 SR 1203]
Subp. 26.
[Repealed, 39 SR 1203]
Subp. 27. Medication.
"Medication" means a remedial agent that has the property of curing, preventing, treating, or mitigating diseases, or that is used for that purpose. For the purpose of this chapter, medication includes prescription and nonprescription medications.
Subp. 28.
[Repealed, 39 SR 1203]
Subp. 29.
[Repealed, 39 SR 1203]
Subp. 30.
[Repealed, 39 SR 1203]
Subp. 31. Nonresidential.
"Nonresidential" means that the holding area or room is not designed to be lived in. Nonresidential space would not typically include a bed, toilet, and wash basin.
Subp. 32. Policy.
"Policy" means a written statement declaring mission and purpose.
Subp. 32a. Prescription medication.
"Prescription medication" means a medication required by federal law to bear the following statement: "Caution: Federal law prohibits dispensing without prescription."
Subp. 33.
[Renumbered subp 15a]
Subp. 34. Procedure.
"Procedure" means a written statement establishing the action plan to implement policy.
Subp. 34a. Special management detainee.
"Special management detainee" means a detainee who presents a serious threat to safety or security of the facility, staff, general detainee population, or self.
Subp. 34b. Special needs detainee.
"Special needs detainee" means a detainee whose mental or physical condition requires special handling and treatment by staff.
Subp. 35.
[Repealed, 39 SR 1203]
Subp. 36.
[Repealed, 39 SR 1203]
Subp. 37. Undue hardship.
"Undue hardship" means the financial costs are not warranted when weighed against the benefits derived.
Subp. 38. Variance.
"Variance" means an exception to a specific rule or rules for a specified period of time.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; L 2002 c 221 s 50; L 2005 c 56 s 2; L 2013 c 59 art 3 s 21; 39 SR 1203
Minn. R. 2945.0110 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.0120 Intended Use and Noncompliance
Subpart 1. Intended use.
A facility should be used only for classifications for which it is intended. This chapter does not regulate a Class IV municipal lockup facility or municipal police facility that:
A. includes an administrative processing area used to detain a person for up to four hours;
B. for a municipal police facility only, is specifically designed to be nonresidential;
C. has audio capacity, visual capacity, or both;
D. is normally not locked except for routine security reasons; and
E. is used long enough for identification, transfer arrangements, or release of a detained person to a responsible person.
Subp. 1a. Rule compliance.
A. A Class I municipal lockup facility must comply with rules governing adult detention facilities under chapter 2911.
B. A Class II or III municipal lockup facility must comply with 100 percent of the following rules unless specifically excluded under that rule:
C. A Class II or III municipal lockup facility must comply with at least 90 percent of parts 2945.0120 to 2945.5490 that are not listed in item B or do not specifically exclude that type of facility. For each rule part, every subpart, item, and subitem is counted as a separate regulatory standard toward the required percentage totals.
Subp. 2. Noncompliance; unsafe, unsanitary, or illegal conditions.
When conditions do not substantially conform to subpart 1a, or where specific conditions endanger the health, welfare, or safety of detainees or staff, the facility's use is restricted according to Minnesota Statutes, section 241.021, subdivision 1, or legal proceedings to condemn the facility will be initiated according to Minnesota Statutes, section 641.26 or 642.10.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.0130 Variances
Subpart 1. Variances; general.
The granting of a variance under this part does not constitute a precedent for any other municipal lockup facility. The granting and denial of all variances shall be in writing and made within 30 days of the request for a variance. The variance will be granted by the commissioner if, in the licensing procedure or enforcement of the standards in this chapter:
A. requirements for a municipal lockup facility to strictly comply with one or more of the provisions will result in undue financial hardship or jeopardize the health, safety, security, detention, or well-being of the residents or facility staff;
B. the municipal lockup facility is otherwise in substantial compliance with the standards contained in this chapter or making satisfactory progress toward substantial compliance;
C. granting of the variance will not preclude the facility from making satisfactory progress toward substantial compliance with this chapter;
D. granting of the variance will not leave the interests and well-being of the detainees and staff unprotected; and
E. the facility will take action to comply with the general purpose of this chapter to the fullest extent possible.
Subp. 2. Emergencies.
The facility administration may declare a state of emergency suspending those rules affected by the emergency if to not suspend the rules would adversely affect the health, security, safety, or well-being of the persons confined or the facility staff.
Subp. 3. Notification of emergencies.
The facility administrator shall immediately notify the sheriff of the county and the Department of Corrections of an emergency that results in the suspension of a rule. A formal written report must follow within 72 hours.
Subp. 4. Extension of emergency.
No suspension of rules because of an emergency declared by a facility administrator may exceed seven days unless the administrator obtains the approval of the commissioner for a variance to the rules and the variance is necessary for the protection of the health, security, safety, or well-being of the staff or the persons detained or confined in the institution where the emergency exists.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.0500 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.0510 Repealed by subpart
Subpart 1.
[Renumbered 2945.0530, subp 1a]
Subp. 2.
[Renumbered 2945.0530, subp 1b]
Minn. R. 2945.0520 [Renumbered 2945.0530, subp 3a]
[Renumbered 2945.0530, subp 3a]
Minn. R. 2945.0530 Staffing Requirements
Subpart 1. Staffing plan.
The facility administrator shall prepare and retain a staffing plan indicating the personnel assigned to the facility and their duties.
Subp. 1a. Discrimination prohibited.
There must not be discrimination based on race, color, religion, sex, or national origin.
Subp. 1b. Staff selection.
The selection, appointment, and promotion of facility personnel must be based on assessed ability. Custody personnel must be a minimum of 18 years old. Recruitment standards must set forth the basic requirements of ability, preparatory experience, physical condition, and character, and those qualities that may disqualify an individual from selection, appointment, or promotion.
Subp. 2. Staff person in charge.
There must be a designated staff person in charge of the facility. In the absence of the regular facility supervisor, a staff person must be designated in charge.
Subp. 3. Condition of staff person on duty.
No person may be detained without a staff person on duty, present in the facility, awake and alert at all times, and capable of responding to emergencies and the reasonable needs of the detainee.
Subp. 3a. Extra duty.
An employee shall be scheduled for no more than 12 hours consecutive work in any 24 hours except where unusual circumstances require reasonable and prudent exception. Coverage needs for vacations, military leave, jury duty, scheduled training, and similar activities are not unusual circumstances requiring reasonable and prudent exception. Each of these coverage needs must be known to the facility administration with sufficient lead time to allow proactive scheduling to maintain compliance with the 12-hour standard requirements.
Subp. 4. Opposite gender policy.
There must be a policy consistent with state statute that provides procedures to be followed by staff with regards to the types of supervision provided to detainees of the opposite gender.
Subp. 5. Assistance for dispatch or custody staff person.
In facilities that use the dispatch or custody position as sole supervision, the dispatch or custody staff person must be assisted on duty by another custody staff person when the lockup population exceeds 15.
Subp. 6. Reporting incidents and responding to emergencies.
A combination of staff and physical plant resources shall provide the capability of responding to emergencies and the completion of incident reports on all special occurrences.
Subp. 7. Ancillary functions.
Personnel must be provided to perform ancillary functions such as transportation or court functions such as court escort to the extent necessary to ensure security and supervision of detainees.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.1000 Staff Training Plan
Subpart 1. Orientation and in-service training plan.
Each facility administrator shall develop and implement a training plan for the orientation of new employees and volunteers and provide for continuing in-service training programs for all employees and volunteers. The training plans must be documented and describe curriculum, methods of instruction, and objectives. In-service training plans should be prepared annually, and orientation training plans must be reviewed and revised to changing conditions.
Subp. 2.
[Repealed, 39 SR 1203]
Subp. 3. Other health and safety training.
Each facility shall develop a training program which provides instruction in the following areas:
A. procedures for responding to health-threatening situations;
B. recognition of signs and symptoms, and knowledge of action required in potential emergency situations;
C. methods of obtaining assistance;
D. recognition of signs and symptoms of mental illness, suicide risk, emotional disturbance, and chemical withdrawal;
E. procedures for patient transfers to appropriate medical facilities or health care providers; and
F. prevention of communicable diseases.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; L 2013 c 59 art 3 s 21; 39 SR 1203
Minn. R. 2945.1010 Part-Time and Relief Staff
Part-time and relief staff shall complete orientation training appropriate to the facility's classification.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711
Minn. R. 2945.1600 Guidelines and Responsibilities
Each facility supervisor shall develop written guidelines that define responsibilities, duties, and qualifications of the persons working in the municipal lockup facility.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.1610 Policy and Procedure Manuals
Policies and procedures concerning the facility's operation must be accessible to employees at the time of employment and when revised. The policy and procedure manual shall be reviewed at least annually.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2100 Maintenance of Records and Reports
The following records, reports, and statistics must be maintained:
A. admission and release records;
B. special occurrence records;
C. facility logs;
D. detainee personal property records;
E. clothing, linen, and laundry records except that this item does not apply to Class III municipal lockup facilities;
F. employee personnel records;
G. records of staff training;
H. food service records;
I. medical and dental information identified at intake and treatment provided during detention; and
J. detainee disciplinary records. Records shall be retained according to city policy. Space must be provided for the safe storage of records.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2110 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.2120 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.2130 Access to Detainee Records
Access to detainee records shall be provided in conformity with state data privacy law.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2140 Detention Information System Requirements
The facility administrator shall designate a staff person to report to the department, at least weekly, information on persons detained in the facility.
History
- Statutory Authority: MS s 241.021
- History: 39 SR 1203
Minn. R. 2945.2500 Separation of Detainees
Subpart 1. General.
A combination of separate living spaces, sanitation facilities, activity spaces, cell units, and detention rooms shall be provided to properly segregate detainees.
Subp. 2. Detainees to be housed separately.
A. The following detainees must be housed separately:
B. Special needs detainees may need to be housed separately from all other detainees.
Subp. 3. Separation by sight and sound.
Juvenile detainees must be separated from adult detainees by sight and sound.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2510 Detainees; Discipline; Restraint
Subpart 1. Information to detainees.
Rules for detainee behavior must be posted in a conspicuous place or provided to the detainee.
Subp. 2. Official charge, legal basis for detention.
Every detainee admitted to a facility must be advised of the official charge or legal basis for detention and confinement, information gathered, and to whom disseminated.
Subp. 3. Limitations on disciplinary actions.
The delegation of authority to a detainee or group of detainees to exercise the right of punishment over another detainee or group of detainees shall be prohibited.
No detainee may be deprived of the use of materials necessary to maintain an acceptable level of personal hygiene. Items such as toilet paper and soap and water must be made available and provided upon request.
Subp. 4. Instruments of restraint.
Instruments of restraint must not be used as punishment.
A. Instruments of restraint must not be used except in the following circumstances:
B. The facility administrator shall develop written policies and procedures to govern the use of restraints.
C. When reasons for restraint under item A no longer exist, the restraints must be removed.
D. Each incident involving the use of restraints consistent with item A, subitem (2) or (3), must be documented and on file.
Subp. 5.
[Repealed, 39 SR 1203]
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2520 Detainee Visitation
Subpart 1. Initial visits for juveniles.
The initial visit for parents, guardians, and attorneys must be permitted at any time. The facility administrator shall address how to regulate access to juvenile detainees by the detainee's parents, guardians, and attorneys in the facility's visiting plan.
Subp. 2. Visiting plan.
Each facility administrator shall develop and implement a detainee visiting policy. The policy shall be in writing and shall provide at a minimum:
A. that detainees be allowed nonmonitored visits with the detainee's attorney; and
B. that when a visit to a detainee is denied on the belief that the visit might endanger the security of the facility, the action and reasons for denial be documented.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2530 Correspondence
Subpart 1.
[Renumbered subp 5a]
Subp. 1a. Exclusion.
Class III municipal lockup facilities are excluded from the requirements of subparts 2 to 6.
Subp. 2. Unrestricted volume of mail.
The volume of written mail to or from a detainee must not be restricted.
Subp. 3. Inspection and censorship.
Mail must not be read or censored if it is between a detainee and an elected official, officials of the department, attorneys, or other officers of the court. Inspection of incoming mail from this group is permitted in the presence of the detainee.
Subp. 4. Money.
Cash, checks, or money orders should be removed from incoming mail and put in the detainee's personal property.
Subp. 5. Contraband.
If contraband is discovered in either incoming or outgoing mail, it must be removed.
Subp. 5a. Plan for detainee mail.
A facility administrator shall develop a plan for detainee mail consistent with established legal rights of detainees and facility rules which are reasonable and necessary to protect the facility's security.
Subp. 6. Sacred books.
Upon request, a detainee must be provided a copy of the Bible or sacred book of another religion when available. These books may be made available to detainees by the facility through the local library or other community resources and limited to the detainee's period of confinement.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2540 Bedding, Laundry, and Clothing Removal
Subpart 1. Bedding.
After confinement of eight hours, a detainee shall be offered one set of clean, sanitary, and fire-retardant bedding.
Subp. 2. Laundry.
Mattresses and pillows must be sanitized between each detainee. Sheets must be laundered and blankets cleaned before reissuing them to another detainee.
Subp. 3. Removing clothing and bedding.
The facility administrator shall develop a policy and procedure for dealing with incidents in which detainees misuse clothing or bedding. Clothing and bedding should be removed from a detainee only when the detainee's behavior threatens the health, safety, or security of self, others, or property. The decision to deprive a detainee of articles of clothing and bedding as a result of the detainee's destruction of those items must be reviewed by the officer in charge during each eight-hour period, and the review must be documented. Clothing and bedding must be returned to the detainee as soon as it is reasonable to believe that the behavior that caused the action will not continue.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.2550 Emergencies and Special Incidents
Subpart 1. Emergency plan.
The facility administrator shall develop a written emergency plan. The plan must include:
A. location of alarms and fire fighting equipment;
B. emergency drill policy;
C. specific assignments and tasks for personnel;
D. persons and emergency departments to be notified;
E. a procedure for evacuation of detainees; and
F. arrangements for temporary confinement of detainees.
Subp. 2. Review of emergency policies.
The facility administrator or designee must review the emergency policies quarterly. Facilities with detention staff must have detention staff review the emergency policies quarterly.
Subp. 3. Reporting of special incidents.
Incidents which endanger the lives or safety of staff or detainees or the physical plant of the facility must be reported. Reports must include the names of staff members and detainees involved, the nature of the special incident, actions taken, and the date and time of the incident. Special incidents include, for example:
A. attempted suicide;
B. suicide;
C. homicide;
D. death other than suicide or homicide;
E. serious injury or illness incurred after detention;
F. escape;
G. fire causing serious damage or resulting in medical treatment for staff or detainees;
H. riot;
I. assaults requiring medical care;
J. other serious disturbances;
K. occurrences of infectious diseases and disposition of the occurrences; or
L. sexual misconduct. An incident must be reported to the department within ten days of the date of the incident in a format established by the department. In the event of an emergency such as serious illness, accident, imminent death, or death, the detainee's family or others who maintain a close relationship must be notified.
Subp. 4. Detainee death.
When a detainee's death occurs:
A. the date, time, and circumstances of the detainee's death must be recorded in the detainee's record;
B. if the detainee dies in the facility, the medical examiner or sheriff must be notified immediately;
C. personal belongings must be handled in a responsible and legal manner; and
D. records of a deceased detainee must be retained for a period of time in accordance with law.
Subp. 5. Mass arrest.
A facility shall have a written plan that governs procedures to be followed in the event of a mass arrest that exceeds the approved capacity of the facility.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.3400 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.3410 Frequency of Meals
There must be no more than 14 hours between an evening meal and breakfast. At least three meals must be made available at regular times during each 24-hour period.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.3420 Therapeutic Diets
A facility housing detainees in need of medically prescribed therapeutic diets must document that the diets are provided as ordered by the attending physician.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.3430 Use of Food in Discipline
Food must not be withheld as punishment.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.3440 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.3450 Hot Meal Minimum
A minimum of one hot meal must be provided for each 24 hours of confinement. Class III municipal lockup facilities are excluded from the requirement of this part.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4700 Security Policies and Procedures, General
Subpart 1. Security policies and procedures.
Each facility must have and adhere to written security policies and procedures which provide for at a minimum the following:
A. the control and recovery of contraband;
B. the prohibition on firearms in detainee areas; and
C. that all detainees are personally observed by an employee at least every 30 minutes, but on an irregular schedule; more frequent observation is required for those detainees who are special management or special needs detainees.
Subp. 2.
[Repealed, 39 SR 1203]
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4710 Admissions
Subpart 1. Admission policies.
Admission policies and procedures must address the following:
A. a thorough search of all detainees;
B. showering and delousing except that Class III municipal lockup facilities must have some type of facilities for detainees to wash up if showers are not available;
C. an assessment of health status;
D. classification such as special management;
E. inventory and secure storage of detainee's property;
F. fingerprinting and photographing, if appropriate; and
G. completion of admission form.
Subp. 2. Identification.
No detainees may be received or released by the staff of a facility until the arresting or escorting officer has produced proper credentials or until the proper documents have been completed, identifying the purpose for detention or release.
Subp. 3. Privacy.
All intake procedures must be conducted in a manner and location that assures the personal privacy of the detainee and the confidentiality of the transaction.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4720 Releases
Subpart 1. Return of detainee property.
Upon release of a detainee, the property of that detainee, unless held for authorized investigation or litigation, must be returned with a receipt for the detainee to sign or for the transporting officer to sign.
Subp. 2. Transportation.
Detainees must be permitted to make arrangements for transportation before release.
Subp. 3. No release in severe weather.
No detainee may be released in severe weather in a manner to endanger the detainee's health, safety, or well-being.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4730 Searches and Shakedowns
Subpart 1. Visitor searches.
Searches of visitors and their personal belongings brought into the facility must be done in accordance with the facility's written policy and legal procedures.
Subp. 2. Regular inspection of facility.
The facility must be inspected weekly for contraband, evidence of breaches in security, and inoperable security equipment. Facility inspections must be documented.
Subp. 3. Inspection of materials.
All materials delivered to or transported from the facility must be inspected for contraband before distribution and the inspection shall be documented.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4740 Locks and Keys
Subpart 1. General.
All keys to security locks must be properly tagged and stored in a secure cabinet within a secure area, and out of reach of the detainees or the public. At least one complete set of facility keys must be kept on hand for replacement purposes. Keys that serve a critical security purpose must be easily identifiable and never issued to facility staff except upon order of the facility administrator or person in charge, and in accordance with established procedure. No security keys may be made available to detainees regardless of status. All electronic locking systems must have a manual override. A set of keys must be available outside the secure perimeter in case of an emergency.
Subp. 2. Regular inspection.
Locks to security doors or gates must be inspected weekly by facility staff to ensure efficient operation. Inspections of locks must be documented.
Subp. 3. Inoperable locks.
No lock to a security door or gate may be permitted to be inoperable or left in an unsuitable condition. No detainee shall be placed in a cell or area that has inoperable locks.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4750 Dangerous Materials
Materials dangerous to either security or safety shall be properly secured and labeled and have a material safety data sheet.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.4760 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.5400 Availability of Medical and Dental Resources
Subpart 1. Availability of resources.
Each facility must have a licensed physician or medical resource such as a hospital or clinic designated for the medical supervision and treatment of detainees. Resources must insure service 24 hours a day.
Subp. 2. Emergency dental care.
Each facility must have emergency dental care available to detainees.
Subp. 3. Ambulance service.
Ambulance services must be available 24 hours a day.
Subp. 4. Examination of detainee when medical attention is necessary.
A detainee must be examined by trained medical personnel if the detainee is visibly ill, chronically ill, or when it is suspected that medical attention is necessary.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5410 [Repealed, 39 SR 1203]
[Repealed, 39 SR 1203]
Minn. R. 2945.5420 Hospitalization of a Detainee
Subpart 1. Policy.
Each facility must have a policy for admission of a detainee to a hospital on the recommendation of the attending physician.
Subp. 2. Guarding of detainee.
When a detainee requires hospitalization, the detainee must be guarded 24 hours a day unless the detainee is not in need of supervision or the detainee is medically incapacitated in the opinion of the attending physician.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5430 First Aid
Subpart 1. First aid and CPR training.
A facility must have a training program to provide instruction on the administration of first aid and cardiopulmonary resuscitation (CPR). All staff must be trained in first aid and CPR at least once every two years.
Subp. 2. First aid kit.
Facilities must have a minimum of one first aid kit located at the facility's control center or primary staff station.
Subp. 3. Records of illness and injury.
A facility must record all complaints of illness or injury and actions taken.
Subp. 4. Medical or dental records.
If a detainee receives medical or dental care while in custody, records must be maintained and include at a minimum:
A. the limitations and disabilities of the detainee;
B. instructions for detainee care;
C. orders for medication, including stop date;
D. any special treatment or diet;
E. activity restriction; and
F. times and dates when the detainee was seen by medical personnel and the names of the personnel.
Subp. 5. Data practices.
The medical record file must be maintained according to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5440 Preventive Health Services
Subpart 1. Written plan for personal hygiene.
The facility administrator shall develop and implement a written plan for personal hygiene practices of all detainees with special assistance for those detainees who are unable to care for themselves.
Subp. 2. Delousing materials.
Delousing materials and procedures must be approved through consultation with trained medical personnel.
Subp. 3. Bathing.
A detainee must be permitted daily washing. Upon request, detainees shall receive personal hygiene items including, at a minimum, soap, toothbrush, toothpaste, and, if appropriate, feminine hygiene items.
Subp. 4.
[Repealed, 39 SR 1203]
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5450 Delivery, Supervision, and Control of Medication
Subpart 1. Prescription medication.
Facility policy shall prohibit stock supplies of prescription medications.
Subp. 2. Delivery by unlicensed staff.
The delivery of prescription medications by unlicensed staff must be under the direction of a physician.
Subp. 3. Policy for storage, delivery, and control of medication.
A facility administrator shall develop procedures for the secure storage of medication. The policy must include at a minimum the following storage requirements:
A. medication be stored in a locked area;
B. the storage area be kept locked at all times;
C. medication requiring refrigeration be refrigerated and secured;
D. detainees not be permitted in the medication storage area;
E. only staff authorized to deliver medication may have access to keys for the medication storage area;
F. prescribed medication be kept in its original container, bearing the original label; and
G. poisons and medication intended for external use be clearly marked and stored separately from medication intended for internal use.
Subp. 4. Procedures for delivery of medication.
A. Each facility must adopt procedures for the delivery of medication.
B. The procedures must include the following:
C. Procedures must also include at a minimum the following:
Subp. 5. Records of receipt; disposition of medication.
Records of receipt, the quantity of the medication, and the disposition of prescription medication must be maintained in sufficient detail to enable an accurate accounting.
Subp. 6. Medication given to detainee upon release.
Prescription medication belonging to a detainee must be given to the detainee or to the appropriate authority upon transfer or release and shall be recorded in the detainee's file.
Subp. 7. Destruction of medication.
The destruction of medication on expiration dates or when retention is no longer necessary or suitable must be consistent with requirements of the Pollution Control Agency. A notation of the destruction must be made in the detainee's record and a statement of what was destroyed, who destroyed it, and how it was destroyed.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5455 Tuberculosis Screening
Employees of municipal lockup facilities shall be screened for tuberculosis according to Minnesota Statutes, section 144.445. The facilities shall follow Department of Health requirements for tuberculosis screening of employees.
History
- Statutory Authority: MS s 241.021
- History: 39 SR 1203
Minn. R. 2945.5460 Reporting Suspected Communicable Disease
It is the responsibility of the facility administrator or person in charge in consultation with the attending physician to report to the Department of Health any known or suspected communicable disease.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5470 Separation of Detainees Suspected of Having a Communicable Disease
Detainees suspected of having a communicable disease must be separated from other detainees.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5480 Special Needs Detainees
A policy must be developed for the management of special needs detainees and include a procedure for managing detainees who are suspected of having special needs or are considered to be a danger to self or others.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Minn. R. 2945.5490 Housekeeping, Sanitation, and Plant Maintenance
Subpart 1. General.
The facility must be kept in good repair to protect the health, comfort, safety, and well-being of detainees and staff.
Subp. 2. Maintenance plan.
The person responsible for plant maintenance, housekeeping, and sanitation must develop a written maintenance plan.
Subp. 3. Compliance with rules.
Housekeeping, sanitation, water supplies, plumbing, sewage disposal, solid waste disposal, and plant maintenance conditions must comply with rules required by the State Building Code, the State Fire Marshal's Office, the Department of Labor and Industry (O.S.H.A. rules), and other departmental rules having the force of law.
Subp. 4. Plan for daily inspection.
The facility administrator must establish a plan for the daily inspection of housekeeping, sanitation, and plant maintenance when the facility is occupied.
Subp. 5. Policies and procedures to detect deterioration of building and equipment.
The facility administrator must develop policies and procedures designed to detect building and equipment deterioration, safety hazards, and unsanitary conditions.
Subp. 6. Reporting of unsanitary and unsafe conditions.
Facility staff must report to the facility administrator any unsanitary and unsafe conditions as well as physical plant and equipment repairs or replacement needs.
Subp. 7. Priority of work requests.
The facility must have a process for prioritizing work requests and reporting to the governing body in an expedient manner.
Subp. 8. Records of repair.
The facility must have a records system for review of budget and work requests, expenditures, dates and actions pursuant to detection of need, submission of work orders, and completion of requests.
Subp. 9. Elimination of conditions conducive to vermin.
A condition in the facility conducive to harborage or breeding of insects, rodents, or other vermin must be eliminated immediately.
Subp. 10. Fire inspection.
Fire inspections of the facility must be conducted on an annual basis by a state fire marshal or local fire official. Documentation of the inspection and any resulting orders must be maintained and available for inspection by the regulatory authority. Failure to comply with fire safety requirements shall result in a denial of approval to continue facility operations.
History
- Statutory Authority: MS s 241.021
- History: 17 SR 711; 39 SR 1203
Chapter 2950 JUVENILE TEMPORARY HOLDOVER FACILITIES
Minn. R. 2950.0100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0110 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0120 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0130 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0135 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0140 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0150 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0160 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0310 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0320 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0330 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0510 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0610 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0620 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0720 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0810 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0820 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0840 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0850 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0860 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0870 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0880 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0890 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0895 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0910 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0920 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0930 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0940 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0950 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.0960 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1000 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1100 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1200 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1300 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1400 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1500 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1600 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1700 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1800 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Minn. R. 2950.1900 [Repealed, 28 SR 211]
[Repealed, 28 SR 211]
Chapter 2955 RESIDENTIAL TREATMENT; SEXUALLY ABUSIVE OR HARMFUL BEHAVIOR
Minn. R. 2955.0010 Purpose
Subpart 1.
[Repealed, 50 SR 387]
Subp. 2. Purpose and scope.
As provided under Minnesota Statutes, section 241.67, this chapter sets minimum treatment program standards for inspecting and certifying:
A. treatment programs in state and local correctional facilities; and
B. state-operated treatment programs not operated in state and local correctional facilities.
Subp. 3. Nonapplicability.
This chapter does not apply to programs licensed under parts 9515.3000 to 9515.3110.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0020 Definitions
Subpart 1. Scope.
For purposes of this chapter, the terms in this part have the meanings given.
Subp. 1a. Adjunctive services.
"Adjunctive services" means nonclinical services provided to a client that help reduce the client's risk of engaging in sexually abusive or harmful behavior.
Subp. 2. Administrative director.
"Administrative director" means an individual responsible for administering a treatment program and includes the director's designee.
Subp. 3. Applicant.
"Applicant" means an uncertified treatment program applying for a certificate.
Subp. 4. Basic treatment protocol.
"Basic treatment protocol" means a statement of the philosophy, goals, and model of treatment employed by a certificate holder.
Subp. 4a. Business day.
"Business day" means Monday through Friday, but does not include holidays under Minnesota Statutes, section 645.44, subdivision 5.
Subp. 5.
[Renumbered subp 7a]
Subp. 6. Certificate.
"Certificate" means a commissioner-issued document certifying that a treatment program has met the requirements under this chapter.
Subp. 6a. Certificate holder.
"Certificate holder" means a person that holds a certificate and includes the person's designee.
Subp. 7. Client.
"Client" means an individual who receives pretreatment or treatment in a program certified under this chapter while residing in the planned therapeutic environment.
Subp. 7a. Clinical case management.
"Clinical case management" means the use of a planned framework of action that coordinates services both within the program and with other agencies and providers involved with a client regarding the client's progress in treatment and plans for discharge and aftercare, as appropriate.
Subp. 7b. Clinical psychophysiological assessment of deception or deception assessment.
"Clinical psychophysiological assessment of deception" or "deception assessment" means a procedure used in a controlled setting to develop an approximation of the veracity of a client's answers to questions developed in conjunction with treatment staff and the client by measuring and recording physiological responses to the questions.
Subp. 7c. Clinical services.
"Clinical services" means services that:
A. help reduce a client's risk of engaging in sexually abusive or harmful behavior; and
B. are provided by, coordinated by, and overseen by treatment staff.
Subp. 8. Clinical supervision.
"Clinical supervision" means the oversight responsibility for planning, developing, implementing, and evaluating clinical services.
Subp. 9. Clinical supervisor.
"Clinical supervisor" means an individual responsible for clinical supervision.
Subp. 10. Commissioner.
"Commissioner" means the commissioner of corrections.
Subp. 11. Correctional facility.
"Correctional facility" has the meaning given in Minnesota Statutes, section 241.021, subdivision 1i.
Subp. 12. Criminal sexual behavior.
"Criminal sexual behavior" means any criminal sexual behavior under Minnesota Statutes, sections 609.294 to 609.352, 609.365, 609.79, and 617.23 to 617.294.
Subp. 13. Department.
"Department" means the Minnesota Department of Corrections.
Subp. 13a. Direct service staff.
"Direct service staff" means staff in a local correctional facility who have primary responsibility for:
A. nonclinical operational functions within the treatment program; or
B. nonclinical client supervision in the planned therapeutic environment.
Subp. 14. Discharge summary.
"Discharge summary" means written documentation that summarizes a client's treatment, prepared at the end of treatment by treatment staff.
Subp. 14a. DOC Portal.
"DOC Portal" means the department's detention information system under Minnesota Statutes, section 241.021, subdivision 1, paragraph (a).
Subp. 15. Family.
"Family" has the meaning given in Minnesota Statutes, section 260C.007, subdivision 17.
Subp. 15a. Focused assessment of sexual interest and response or sexual interest and response assessment.
"Focused assessment of sexual interest and response" or "sexual interest and response assessment" means a procedure used in a controlled setting to develop an approximation of a client's sexual interest and response profile and insight into the client's sexual motivation by measuring and recording behavioral and subjective responses to a variety of sexual stimuli.
Subp. 16. Individual treatment plan.
"Individual treatment plan" means a written plan of intervention and treatment for a client.
Subp. 16a. Intake assessment.
"Intake assessment" means a client's assessment after admission to a treatment program that is used to determine the client's:
A. cognitive, emotional, behavioral, and sexual functioning;
B. amenability to treatment;
C. risk and protective factors; and
D. treatment needs.
Subp. 17.
[Repealed, 50 SR 387]
Subp. 18. License.
"License" means:
A. for a facility licensed in the state, a commissioner-issued license authorizing the license holder to provide correctional or residential services according to the license terms under chapter 2920 or 2960; and
B. for a facility licensed outside the state, a license issued according to the laws of the facility's state.
Subp. 19.
[Repealed, 50 SR 387]
Subp. 20.
[Repealed, 50 SR 387]
Subp. 20a. Planned therapeutic environment.
"Planned therapeutic environment" means the site where the program environment is purposefully used as part of treatment to foster and support desired behavioral and cognitive changes in clients.
Subp. 21.
[Renumbered subp 7b]
Subp. 22.
[Renumbered subp 15a]
Subp. 22a. Pretreatment.
"Pretreatment" means a status assigned to a client who is:
A. residing in the planned therapeutic environment but has not begun to participate in primary sex-offense-specific treatment; and
B. receiving empirically informed services to enhance the client's motivation for change, readiness for treatment, and acclimation to the planned therapeutic environment.
Subp. 22b. Program staff.
"Program staff" includes a treatment program's administrative director, clinical supervisor, treatment staff, and direct service staff.
Subp. 23. Residential treatment program or treatment program.
"Residential treatment program" or "treatment program" means a program that provides a planned therapeutic environment to clients in a facility or housing unit exclusive to the program and set apart from the general correctional population.
Subp. 24. Serious violations of policies and procedures.
"Serious violations of policies and procedures" means a violation that threatens the quality and outcomes of the treatment services, or the health, safety, security, detention, or well-being of clients or program staff; and the repeated nonadherence to program policies and procedures.
Subp. 25.
[Repealed, 50 SR 387]
Subp. 26.
[Repealed, 50 SR 387]
Subp. 27.
[Repealed, 50 SR 387]
Subp. 28. Sexually abusive or harmful behavior.
"Sexually abusive or harmful behavior" means any sexual behavior in which:
A. an involved individual is nonconsenting or cannot legally give consent;
B. a relationship involves an imbalance of power;
C. verbal or physical intimidation, manipulation, exploitation, coercion, or force is used to gain participation; or
D. material on child sexual exploitation is accessed, used, produced, or distributed.
Subp. 29. Special assessment and treatment procedures.
"Special assessment and treatment procedures" means procedures that are used to help gather information for a client's assessment and that are detailed in the Best Practice Guidelines for the Assessment, Treatment, Risk Management, and Risk Reduction of Men Who Have Committed Sexually Abusive Behaviors, or the Practice Guidelines for Assessment, Treatment, and Intervention with Adolescents Who Have Engaged in Sexually Abusive Behavior. The guidelines are incorporated by reference under part 2955.0025.
Subp. 30. Supervising agent.
"Supervising agent" means a parole or probation agent or case manager working with a client.
Subp. 31.
[Renumbered subp 20a]
Subp. 31a. Treatment.
"Treatment" means coordination of adjunctive and clinical services and the use of theoretically and empirically informed practices provided through a planned therapeutic environment to help a client reduce the risk of engaging in sexually abusive or harmful behavior.
Subp. 31b. Treatment staff.
"Treatment staff" means staff who are responsible for planning, organizing, and providing treatment within the scope of their training and their licensure or certification.
Subp. 32.
[Repealed, 50 SR 387]
Subp. 33. Variance.
"Variance" means an alternative to a requirement under this chapter.
Subp. 34. Victim.
"Victim" has the meaning given in Minnesota Statutes, section 611A.01, paragraph (b).
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; L 1999 c 139 art 4 s 2; L 2001 c 178 art 1 s 44; L 2005 c 56 s 2; 50 SR 387
Minn. R. 2955.0025 Incorporations by Reference
Subpart 1. Incorporations; generally.
The publications in this part are incorporated by reference, are not subject to frequent change, and are available on the department's website.
Subp. 2. Adult practice guidelines.
"Best Practice Guidelines for the Assessment, Treatment, Risk Management, and Risk Reduction of Men Who Have Committed Sexually Abusive Behaviors," published by the Association for the Treatment and Prevention of Sexual Abuse or its successor organization (2025 and as subsequently amended).
Subp. 3. Juvenile practice guidelines.
"Practice Guidelines for Assessment, Treatment, and Intervention with Adolescents Who Have Engaged in Sexually Abusive Behavior," published by the Association for the Treatment of Sexual Abusers or its successor organization (2017 and as subsequently amended).
Subp. 4. Model Policy for Post-Conviction Sex Offender Testing.
"Model Policy for Post-Conviction Sex Offender Testing," published by the American Polygraph Association (September 2021 and as subsequently amended).
Subp. 5. Standards of Practice.
"Standards of Practice," published by the American Polygraph Association (2024 and as subsequently amended).
History
- Statutory Authority: MS s 241.67
- History: 50 SR 387
Minn. R. 2955.0030 Certification Procedures
Subpart 1. Applying for certificate.
An applicant must file with the commissioner an application for a certificate before the treatment program may provide treatment.
Subp. 1a. Application contents.
An application must be submitted on a department-provided form on the department's website and contain:
A. the name and address of the individual completing the application;
B. the treatment program's name and address;
C. the program's requested client capacity;
D. if a juvenile program, the age ranges of clients to be served;
E. the names and addresses of the owners, board members, or controlling individuals that will hold the certificate;
F. an organizational chart showing the program's organizational authority;
G. the program's policies and procedures required under this chapter;
H. the program's plans for operations; and
I. if the program is not operating in a state correctional facility, documentation that a local zoning authority has approved the program to operate in the local government unit.
Subp. 2.
[Repealed, 50 SR 387]
Subp. 3.
[Repealed, 50 SR 387]
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0040 Certification Conditions
Subpart 1.
[Repealed, 50 SR 387]
Subp. 2. Reviewing application.
A. The commissioner must issue a certificate to an applicant if the commissioner determines that the application demonstrates that the treatment program can comply with this chapter.
B. The commissioner must issue the certificate within 60 days of receiving an application that contains all the information needed for the commissioner to determine the applicant's compliance with this chapter.
Subp. 3. Issuing certificate.
A. The commissioner must issue a certificate for the following types of treatment programs:
B. A certificate does not expire but is subject to a compliance inspection under part 2955.0050 and any corrective action plan, revocation, or suspension under part 2955.0060.
Subp. 3a. Notifying applicant of denied application.
If the commissioner denies an application, the commissioner must:
A. notify the applicant in writing;
B. state why the application was denied;
C. inform the applicant of any action required to correct the reason for denial; and
D. inform the applicant that the applicant may resubmit its application or appeal the commissioner's action according to part 2955.0060, subpart 9.
Subp. 4. Posting required.
A program's certificate must be posted conspicuously in an area where clients may read it.
Subp. 5. Nontransferable.
A certificate is nontransferable.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0050 Inspecting Certified Programs
Subpart 1. Inspections; rule compliance.
Each treatment program must be inspected to ensure that it is in compliance with this chapter.
Subp. 2. Inspections; how conducted.
Department inspections may take place at any time and must be conducted according to Minnesota Statutes, section 241.021, subdivision 1.
Subp. 3. Program records.
Each treatment program must maintain documentation in client and program records to demonstrate its compliance with this chapter. Each program must also document:
A. compliance with its written policies and procedures;
B. the number of clients served;
C. the type, amount, frequency, and cost of services provided;
D. that services provided are delivered consistent with individual client treatment plans; and
E. the effectiveness in achieving the client's treatment goals.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0060 Denying, Revoking, Suspending, and Nonrenewing Certification
Subpart 1. Inspections and nonconformance.
Every two calendar years from the date of a treatment program's certification, the commissioner must inspect the treatment program to determine compliance with this chapter, but the commissioner must inspect a treatment program annually if the commissioner determines it necessary to ensure compliance with a corrective action plan, revocation, or suspension under this part.
Subp. 2. Commissioner approval of changes to initial certification.
A. A certificate holder must document in writing and obtain the commissioner's approval for any changes to the treatment program's initial certification.
B. Within 60 days of receiving a requested change under item A, the commissioner must approve the change unless the commissioner determines that the change would:
C. If the commissioner denies a change, the commissioner must:
Subp. 2a. Corrective action plan.
A. The commissioner must issue a corrective action plan to a certificate holder when the commissioner determines that the certificate holder is not complying with this chapter.
B. The corrective action plan must:
C. When the certificate holder has corrected each violation, the certificate holder must submit to the commissioner documentation detailing the certificate holder's compliance with the corrective action plan. If the commissioner determines that the certificate holder has not corrected each violation, the certificate holder is subject to an additional corrective action. Failure to comply with a corrective action plan is grounds for the commissioner to suspend or revoke a treatment program's certificate according to this part.
Subp. 2b. Revocation or suspension; when required.
A. The commissioner must suspend a treatment program's certificate when:
B. The commissioner must revoke a treatment program's certificate when:
Subp. 3. Notice of intent to revoke or suspend certificate.
A. The commissioner must notify a certificate holder when the commissioner intends to revoke or suspend the certificate holder's certificate.
B. The notice must:
Subp. 4. Notice of revocation or suspension.
A. If a certificate holder does not take the required action, if any, under subpart 3 within 30 days after receiving the notice, the commissioner must notify the certificate holder in writing that the certificate has been revoked or suspended.
B. The notice must inform the certificate holder of the right to appeal the commissioner's action according to subpart 9.
Subp. 5.
[Renumbered subp 2b]
Subp. 6.
[Repealed, 50 SR 387]
Subp. 6a.
[Renumbered subp 2a]
Subp. 7.
[Repealed, 50 SR 387]
Subp. 8.
[Repealed, 50 SR 387]
Subp. 9. Appeals.
A. An applicant whose application is denied or a certificate holder whose certificate is revoked or suspended may appeal the commissioner's action by filing a contested case with the Court of Administrative Hearings under Minnesota Statutes, chapter 14. An appeal must be filed within 30 days after the applicant or certificate holder has received the commissioner's final written disposition.
B. If the Court of Administrative Hearings affirms a commissioner decision to deny an application or revoke a certificate:
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0070 Variance
Subpart 1. Requesting variance.
An applicant or certificate holder may request a variance by submitting a request through the DOC Portal. The request must specify:
A. the rule requirement from which the variance is requested;
B. why the applicant or certificate holder cannot comply with the rule requirement;
C. the period for which the variance has been requested; and
D. the alternative measures that the applicant or certificate holder will take to:
Subp. 2. Evaluating variance request.
The commissioner must grant a variance if the commissioner determines that:
A. compliance with the rule requirement from which the variance is requested would result in hardship and the variance would not jeopardize the quality and outcomes of treatment or the health, safety, security, or well-being of clients or program staff;
B. the treatment program is otherwise in compliance with this chapter or is making progress toward compliance under a corrective action plan or another commissioner-required action under part 2955.0060;
C. granting the variance would not leave the well-being of clients unprotected;
D. the program will take other action as required by the commissioner to comply with the intent of this chapter; and
E. granting the variance does not violate applicable statutes and rules.
Subp. 3. Notice by commissioner.
A. Within 60 days after receiving a request under subpart 1, the commissioner must inform the applicant or certificate holder through the DOC Portal whether the request has been granted or denied and the reason for the decision.
B. The commissioner's decision to grant or deny a request is final and not subject to appeal under Minnesota Statutes, chapter 14.
Subp. 4. Renewing variance.
A. A request to renew a variance must:
B. The commissioner must renew a variance if the certificate holder:
Subp. 5. Revoking or not renewing variance.
A. The commissioner must revoke or not renew variances as follows:
B. The commissioner must notify the applicant or certificate holder through the DOC Portal within 60 days after the commissioner's determination.
C. The commissioner's determination is final and not subject to appeal under Minnesota Statutes, chapter 14.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0080 Staffing Requirements
Subpart 1. Conflict with licensure rules; more stringent requirement prevails.
If the staffing requirements of this part conflict with the staffing requirements of applicable rules governing a treatment program's licensure, the more stringent staffing requirement prevails.
Subp. 1a. Staff qualifications; generally.
All program staff must meet their respective qualifications under part 2955.0090.
Subp. 2. Administrative director required.
A treatment program must employ or contract with an administrative director.
Subp. 3. Administrative director; designee.
When an administrative director is unavailable or not present in the treatment program, the administrative director must, during all hours of operation, designate a staff member who is present in the treatment program to be responsible for the program.
Subp. 4. Clinical supervisor required; duties.
A. A treatment program must employ or contract with at least one clinical supervisor.
B. A clinical supervisor may not supervise more than eight counselors.
C. A clinical supervisor must develop and follow a written policy and procedure on staff evaluation and supervision that:
D. A clinical supervisor must:
E. The clinical supervisor must document all hours of clinical supervision.
Subp. 5. Treatment staff required.
A treatment program must employ or contract with treatment staff. Treatment staff must include a clinical supervisor and a counselor. Except for a clinical supervisor, treatment staff need not be licensed under Minnesota Statutes, chapter 245I.
Subp. 6. One staff member occupying more than one position.
A. A staff member may be simultaneously employed as an administrative director, clinical supervisor, or counselor if the staff member meets the qualifications for the positions that they are simultaneously employed in.
B. A counselor may be simultaneously employed as an administrative director or a clinical supervisor, but the time that the counselor works in the other position is subtracted from the counselor's time providing treatment and must be documented and adjusted as needed to comply with this part.
Subp. 7. Ratio of treatment staff to clients.
A. As prescribed under the program's staffing plan, a treatment program must have treatment staff to provide adjunctive and clinical services.
B. A treatment program must maintain a maximum ratio of one full-time equivalent position providing clinical services to no more than ten clients.
C. A treatment program may exceed the ratio under item B if:
Subp. 8. Staffing plan.
A. An administrative director must develop and follow a written staffing plan that identifies the assignments of each staff position needed to provide adjunctive and clinical services and needed to maintain the program's safety and security.
B. The administrative director and clinical supervisor must review the staffing plan at least annually and document the review. In consultation with the clinical supervisor, the administrative director must revise the staffing plan as needed to:
Subp. 9. Orientation, development, and training for program staff.
A. A treatment program must develop and follow a written staff orientation, development, and training plan for each program staff member. The plan must be developed within 90 days of a staff member's employment and must be reviewed and, if necessary, revised at least annually. Training must augment job-related knowledge, understanding, and skills to improve the staff member's ability to perform their job duties and must be documented in the staff member's orientation, development, and training plan. The plan and any revisions must be documented and placed in the staff person's personnel file.
B. Within two years of their employment date and every two years thereafter, an unlicensed treatment staff member who works half time or more in a year must complete at least 40 hours of training.
C. Within two years of their employment date and every two years thereafter, an unlicensed treatment staff member who works less than half time in a year must complete at least 26 hours of training.
Subp. 10. Examiner conducting deception assessment.
A treatment program that uses a deception assessment must employ or contract with an examiner to conduct the assessment.
Subp. 11. Examiner conducting sexual interest and response assessment.
A treatment program that uses a sexual interest and response assessment must employ or contract with an examiner to conduct the assessment.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0085 Training
The following activities qualify as training under this chapter:
A. attending conferences, workshops, or seminars related to a staff member's job duties;
B. attending online or in-person training related to a staff member's job duties;
C. observing a staff member who is trained and qualified to perform the observing staff member's job duties under this chapter; and
D. for a clinical supervisor and counselor: research, teaching, clinical case management, program development, administration or evaluation, staff consultation, peer review, record keeping, report writing, client care conferences, and any other duty related to maintaining the clinical supervisor's or counselor's licensure or certification.
History
- Statutory Authority: MS s 241.67
- History: 50 SR 387
Minn. R. 2955.0090 Staff Qualifications and Documentation
Subpart 1. Qualifications for staff working directly with clients.
A program staff member working directly with a client must:
A. be at least 21 years of age; and
B. meet the qualification requirements of the treatment program's license.
Subp. 2. Administrative director; qualifications.
A. In addition to the requirements under subpart 1, an administrative director must:
B. The training under item A, subitem (2), must be completed within 18 months after the director's hiring date.
Subp. 3. Clinical supervisor; qualifications.
A. In addition to the requirements under subpart 1, a clinical supervisor must:
B. The training under item A, subitem (3), must be completed within 18 months after the clinical supervisor's hiring date.
Subp. 4.
[Repealed, 50 SR 387]
Subp. 5. Counselor; qualifications.
A. In addition to the requirements under subpart 1, a counselor must:
B. A counselor must complete the training under item A, subitem (3), within 18 months after the counselor's hiring date.
Subp. 6. Examiner conducting deception assessment; qualifications.
An examiner conducting a deception assessment must:
A. be a full or associate member in good standing of the American Polygraph Association; and
B. have 40 hours of training in the Model Policy for Post-Conviction Sex Offender Testing, which is incorporated by reference under part 2955.0025.
Subp. 7. Examiner conducting sexual interest and response assessment; qualifications.
An examiner conducting a sexual interest and response assessment must:
A. be licensed or certified in the clinical use of the assessment within the scope of their licensure or certification; and
B. have certified training in the clinical use of the assessment for individuals who have engaged in sexually abusive or harmful behavior.
Subp. 7a. Qualifications for direct service staff.
A. This subpart applies to direct service staff who have direct contact with a client half time or more in a calendar year.
B. Direct service staff must have at least 16 hours of initial training and annual training every year thereafter in at least the following core areas or subjects:
C. Direct service staff must complete the initial training before having direct contact with a client.
Subp. 8. Documenting qualifications.
A. A treatment program must document the following for each program staff member:
B. All documentation must be maintained by the treatment program in the staff member's personnel file.
Subp. 9.
[Repealed, 50 SR 387]
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; L 2016 c 158 art 1 s 214; 50 SR 387
Minn. R. 2955.0100 Standards for Client Admission, Intake, and Assessment
Subpart 1. Admission procedure and new client intake assessment; report required.
A. A treatment program's clinical supervisor must develop and follow a written admission procedure that includes treatment staff determining the appropriateness of a client for the program by reviewing:
B. The admission procedure must be coordinated with the nonclinical correctional facility conditions within which the program operates.
C. A clinical supervisor must develop and follow a written intake assessment procedure that determines a client's functioning and treatment needs. A client must have a written intake assessment report completed within 30 business days:
Subp. 2. Intake assessments.
A. A clinical supervisor must direct treatment staff to gather the information under subpart 1 during the intake assessment process and any reassessments under subpart 4. The staff members who conduct the intake assessment must be trained and experienced in administrating and interpreting assessments in accordance with their licensure or be supervised by a clinical supervisor.
B. A treatment program may contract with an outside entity to conduct an intake assessment if the entity is qualified under this part.
Subp. 3. Intake assessment appropriate to treatment program's basic treatment protocol.
A treatment program may adapt the parameters under subparts 6 to 8 to conduct assessments that are appropriate to the program's basic treatment protocol. The rationale for the adaptation must be provided in the program's policy and procedure manual under part 2955.0140, subpart 1, item E.
Subp. 4. Reassessment.
A clinical supervisor or treatment staff member may reassess a client to assist in decisions on the client's:
A. progress in treatment;
B. movement within the program's structure;
C. receipt or loss of privileges; and
D. discharge from the program.
Subp. 5. Cultural sensitivity.
An assessment must take into consideration the effects of cultural context, ethnicity, race, social class, and geographic location on the client's personality, identity, and behavior.
Subp. 6. Sources of assessment data.
Sources of assessment data may include:
A. collateral information, such as police reports, victim statements, child protection information, presentence assessments and investigations, and criminal history and juvenile justice data under Minnesota Statutes, section 13.875;
B. psychological and psychiatric test information;
C. client-specific test information, including deception and sexual interest and response assessments;
D. relevant medical information;
E. interviews with the client;
F. previous and concurrent assessments of the client, including substance use, psychological, educational, and vocational;
G. interviews, telephone conversations, or other communication with the client's family members, friends, victims, witnesses, probation officers, and police; and
H. observation and evaluation of the client's functioning and participation in the treatment process while in residency.
Subp. 7. Information included in assessment.
An assessment must include the following information, as applicable to the client:
A. a description of the client's conviction or adjudication offense, noting:
B. the client's history of perpetration of sexually abusive or harmful behavior or criminal sexual behavior and delineation of patterns of sexual response that considers such variables as:
C. the client's developmental sexual history that considers such variables as:
D. the client's history of any other aggressive or criminal behavior;
E. the client's personal history that includes such areas as:
F. a family history that considers such variables as:
G. the views and perceptions of significant others, including their ability or willingness to support any treatment efforts;
H. personal mental health functioning that includes such variables as:
I. the findings from any previous and concurrent sex offender, psychological, psychiatric, physiological, medical, educational, vocational, or other assessments; and
J. the client's risk and protective factors, including at a minimum:
Subp. 8. Administering psychological testing, measures of risk and protective factors, and assessments of adaptive behavior.
A. If applicable to the client, psychological tests; measures of risk and protective factors; and assessments of adaptive behavior, adaptive skills, and developmental functioning used in intake assessments must be standardized and normed for the given population tested.
B. Test results must be interpreted by a treatment staff member who is trained and experienced in interpreting the tests, measures, and assessments. The results may not be used as the only or the major source of the intake assessment.
Subp. 9. Assessment conclusions and recommendations.
A. The conclusions and recommendations of the intake assessment must be based on the information obtained during the assessment.
B. The interpretations, conclusions, and recommendations described in the assessment report must consider the:
C. The interpretations, conclusions, and recommendations described in the assessment report must:
Subp. 10. Assessment report.
One treatment staff member must complete the assessment report, which must be signed and dated and placed in the client's file. The report must include the following areas:
A. a summary of diagnostic and typological impressions of the client;
B. an initial assessment of the factors that both protect the client from and place the client at risk for unsuccessful completion of the treatment program and sexual reoffense;
C. a conclusion about the client's amenability to treatment; and
D. a conclusion on the appropriateness of the client for placement in the program as follows:
Subp. 11. Client review and input.
A. A client must have the opportunity to review the assessment report under subpart 10 and discuss it with a treatment staff member and, if needed, to verify or correct information in the report. Nothing under this item allows the staff member to override the conclusions and recommendations of the review under subpart 9.
B. If the report is amended, the amended report must be signed and dated by the staff member.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0105 Pretreatment
Subpart 1. Definition.
For purposes of this part, "full-time treatment" refers to clients not in pretreatment.
Subp. 2. Policy and procedure required.
A treatment program in a state correctional facility may use a pretreatment phase. If a treatment program uses a pretreatment phase, a clinical supervisor must develop and follow a written policy and procedure on pretreatment.
Subp. 3. Pretreatment services.
The policy and procedure under subpart 2 must state at least the following:
A. how treatment staff will determine a client's need for pretreatment;
B. the pretreatment services that will be provided; and
C. how treatment staff will assess for a client's pretreatment needs.
Subp. 4. Pretreatment standards.
A. The policy and procedure under subpart 2 must describe how the treatment program will:
B. Treatment staff must review a client's progress in pretreatment at least every 14 days.
Subp. 5. Client expectations; removing from pretreatment.
A. A pretreatment client must:
B. A clinical supervisor or counselor may remove a client from pretreatment if the client:
C. A clinical supervisor or counselor must document if a client has been removed under item B and the reason for removal.
Subp. 6. Transitioning from pretreatment to full-time treatment.
A. A client must transition to full-time treatment:
B. A transition to full-time treatment is subject to:
Subp. 7. Documentation.
In addition to the documentation requirements under this part, treatment staff must document the following information in a client's file:
A. the amount and frequency of pretreatment services received;
B. the type of pretreatment services received;
C. all reviews of the client's progress in pretreatment under subpart 4, item B;
D. when a client transitioned to full-time treatment; and
E. any other related documentation on a client's progress in pretreatment.
History
- Statutory Authority: MS s 241.67
- History: 50 SR 387
Minn. R. 2955.0110 Standards for Individual Treatment Plans
Subpart 1. Individual treatment plan.
A. An individual treatment plan for each client must be completed within 30 business days:
B. The individual treatment plan and the interventions designated to achieve its goals must be based on the initial treatment recommendations developed in the intake assessment under part 2955.0100 with additional information from the client and, when possible, the client's family or legal guardian.
C. Input on the individual treatment plan and interventions may be obtained from:
D. One licensed treatment staff member or a treatment staff member under the supervision of a licensed treatment staff member must complete the treatment plan. A treatment staff member must sign and date the treatment plan and place it in the client's file.
Subp. 2. Explanation, signature, and copies required.
A. The individual treatment plan under subpart 1 must be explained to the client in a language or manner that they can understand and a copy provided to the client and, if appropriate, the client's family or legal guardian. The treatment program must seek a written acknowledgment that the client and, if appropriate, the client's family or legal guardian, has received and understands the treatment plan.
B. The treatment plan, including the types and amounts of adjunctive and clinical services delivered to the client, must be documented in the client's file.
C. If a copy is requested by a client's supervising agent, a copy of the client's treatment plan must be made available to the supervising agent when the treatment plan is completed.
Subp. 3. Plan contents.
An individual treatment plan must include at least the following information:
A. the treatment goals and specific time-limited objectives to be addressed by the client;
B. measurable outcomes for each time-limited treatment objective that specify the therapeutic experiences and interventions most necessary to assist the client to achieve the objectives;
C. the impact of:
D. treatment areas to be addressed by the client;
E. a list of the services required by the client and the entity that will provide the services; and
F. provisions for protecting victims and potential victims, as appropriate.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0120 Standards for Reviewing Client Progress in Treatment
Subpart 1. Weekly progress notes.
At least weekly, a counselor must write and document progress notes that reflect treatment staff observations of client behavior related to the client's treatment goals and progress toward the goals.
Subp. 1a. Quarterly review.
A. At least once quarterly, treatment staff must:
B. Documentation of the review and any review session under subpart 2 must be placed in each client's file within 20 business days after the review period ends.
Subp. 2. Review session.
In addition to quarterly reviews under subpart 1a, a client and at least one treatment staff member may meet at any time to review the client's progress toward treatment goals.
Subp. 3. Involving family or legal guardian; juvenile treatment programs.
A. This subpart applies to a treatment program treating only juveniles.
B. For a quarterly review or review session under this part, a treatment staff member must, except as provided under item C:
C. A treatment staff member must not invite a client's supervising agent and family or legal guardian if the treatment staff member determines that inviting the agent and family or legal guardian to the quarterly review or review session would not help the client meet the client's treatment goals or would pose a risk to the client's health, safety, or welfare.
Subp. 4. Required documentation; juvenile treatment programs.
The following information must be documented in the client's file:
A. the names of the nonclients attending a quarterly review or review session under subpart 3; and
B. any determination under subpart 3, item C.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0125 Aftercare
Subpart 1. Aftercare allowed; policy and procedure required.
A. A treatment program may provide aftercare to a client who has completed treatment but still requires adjunctive services to maintain and continue the client's treatment gains.
B. If a treatment program provides aftercare, a clinical supervisor must develop and follow a written policy and procedure on aftercare.
Subp. 2. Providing aftercare services.
A. The policy and procedure under subpart 1 must, at a minimum, state the aftercare that the treatment program will provide.
B. For each client receiving aftercare, treatment staff must provide aftercare at least twice each calendar month.
Subp. 3. Documentation.
For each client receiving aftercare, treatment staff must document in the client's file the aftercare that the client receives.
History
- Statutory Authority: MS s 241.67
- History: 50 SR 387
Minn. R. 2955.0130 Standards for Discharge Reporting and Summary
Subpart 1. Notifying supervising agent of client's discharge.
Except for an adult treatment program in a state correctional facility, a client's supervising agent must be notified within 24 hours after the treatment program discharges the client from the program, regardless of whether the client completed treatment.
Subp. 2. Discharge summary.
A clinical supervisor or counselor must complete a discharge summary for each client discharged from the program within 20 business days after the client's discharge and must place the summary in the client's file. This subpart applies regardless of whether the client completed treatment.
Subp. 3. Summary content.
The discharge summary must include at least the following client information:
A. the admission date;
B. the discharge date;
C. why the client is being discharged from the treatment program;
D. if applicable to the client, a brief summary of the client's current conviction or adjudication offense and past criminal or juvenile record;
E. the client's mental health and attitude when discharged;
F. prescribed medications at discharge;
G. the client's progress in achieving individual treatment plan goals;
H. an assessment of the client's risk factors for sexual reoffense and other abusive behavior; and
I. the following plans and recommendations, if applicable to the client:
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0140 Program Standards for Client Treatment; Policy and Procedure
Subpart 1. Program policy and procedure manual.
Each treatment program must develop and follow a written policy and procedure manual. The manual must be made available to clients and program staff. The manual must include at least the following:
A. the basic treatment protocol used to provide services to clients, as defined by the philosophy, goals, and model of treatment employed, including the:
B. policies and procedures for managing the planned therapeutic environment, as applicable to the program, including the manner in which the components of the planned therapeutic environment are structured;
C. policies and procedures for preventing predation among clients and promoting and maintaining the security and safety of clients and staff, which must address the sexual safety of clients and staff, as well as:
D. admission and discharge criteria and procedures;
E. assessment content and procedures, including the rationale for the particular format and procedures as required by part 2955.0100, subpart 3;
F. treatment planning and review of client progress in treatment;
G. policies and procedures for client communications and visiting with others both within and outside of the program;
H. policies and procedures for the use of special assessment and treatment methods according to part 2955.0160;
I. policies and procedures that address data privacy and confidentiality standards, including reports by a client of previously unreported or undetected criminal behavior and the use of results from psychophysiological procedures as described in part 2955.0160, subparts 2 to 4;
J. policies and procedures for reporting and investigating alleged unethical, illegal, or negligent acts against clients, and of serious violations of written policies and procedures; and
K. the program's quality assurance and program improvement plan and procedures as required in part 2955.0170.
Subp. 2. Standards of practice for treatment.
This subpart contains the minimal standards of practice for treatment provided in a treatment program. Treatment must:
A. safeguard the well-being of victims and their families, the community, and clients and their families;
B. encourage clients to be personally accountable through participation, self-disclosure, and self-monitoring;
C. address each client's individual treatment needs;
D. be consistent with and supportable by the professional literature and clinical practice in the field;
E. use effective methods to assist the client to achieve treatment goals and objectives;
F. include and integrate the client's family or legal guardian into the treatment process when appropriate and document inquiries regarding the degree to which the client's family or legal guardian desires to be involved in the client's treatment;
G. address, within the limits of available resources, the client's personality traits and deficits that are related to increased reoffense potential;
H. address any concurrent psychiatric disorders by providing treatment or referring the client for treatment; and
I. protect the legal and civil rights of clients, including the client's right to refuse treatment.
Subp. 3. Treatment purpose; basic treatment protocol.
A. The ultimate goal of treatment is to protect the community from sexually abusive or harmful behavior or criminal sexual behavior by reducing a client's risk of reoffense, but treatment does not include treatment that addresses sexually abusive or harmful behavior or criminal sexual behavior when the treatment is provided incidental to treatment for mental illness, developmental disability, or substance use disorder.
B. The focus of treatment is on:
C. The goals of treatment include at least the goals under subpart 4, items A to E. The treatment program's basic treatment protocol must determine the goals that will be operationalized by the program and the methods used to achieve them. The applicability of the goals and methods to a client must be determined by the client's intake assessment, individual treatment plan, and progress in treatment. The treatment program must be designed to allow, assist, and encourage the client to develop the motivation and ability to achieve the goals under subpart 4, items A to E, as appropriate.
Subp. 4. Treatment goals.
A. A client must acknowledge the sexually abusive or harmful behavior or criminal sexual behavior and admit or develop an increased sense of personal culpability and responsibility for the behavior. The treatment program must provide activities and procedures that are designed to assist clients to:
B. The client must choose to stop and act to prevent the circumstances that lead to sexually abusive or harmful behavior or criminal sexual behavior and other abusive or aggressive behaviors. The program must provide activities and procedures that are designed to assist clients to:
C. The client must develop a positive, prosocial approach to the client's sexuality, sexual development, and sexual functioning, including realistic sexual expectations and establishment of appropriate sexual relationships. The program must provide activities and procedures that are designed to assist clients to:
D. The client must develop positive communication and relationship skills. The program must provide activities and procedures that are designed to assist clients to:
E. The client must reenter and reintegrate into the community. The program must provide activities and procedures that are designed to assist clients to:
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0150 Standards for Delivering Treatment
Subpart 1. Amount of treatment.
Each client must receive the amount of treatment and frequency of treatment specified in the client's individual treatment plan under part 2955.0110.
Subp. 2. Type of services.
Each client must receive the types of services specified in the client's individual treatment plan.
Subp. 3. Clinical case management services.
A treatment program must provide each client with clinical case management services. The services must be documented in each client's file.
Subp. 4.
[Repealed, 50 SR 387]
Subp. 5. Size of group therapy and psychoeducation groups.
A. Group therapy sessions must not exceed ten clients per group.
B. For juvenile clients, psychoeducation groups must not exceed a treatment staff-to-client ratio of 1-to-16.
C. For adult clients, psychoeducation groups must not exceed a treatment staff-to-client ratio of 1-to-20.
Subp. 6.
[Repealed, 50 SR 387]
Subp. 7. Length of treatment.
A. The time a client is in treatment depends on the:
B. The minimum length of treatment is as prescribed under Minnesota Statutes, section 241.67, subdivision 2, paragraph (a).
Subp. 8. Where provided.
A treatment program's treatment and residential services may be provided in separate locations.
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0160 Standards for Using Special Assessment and Treatment Procedures
Subpart 1. Policy.
A treatment program that uses special assessment and treatment procedures must develop and follow a written policy and procedure that describes the:
A. special assessment and treatment procedures to be used;
B. purpose and rationale for using each procedure;
C. qualifications of staff who implement the procedure and any technology needed to conduct each procedure;
D. conditions and safeguards under which the procedure is used for a client;
E. process by which the procedure is approved for use with a client;
F. determination of which procedures will be voluntary and require informed consent from the client or the client's legal guardian, as appropriate;
G. process to obtain and document informed consent under item F; and
H. process by which the use of the procedure is documented and evaluated for effectiveness.
Subp. 1a. Juvenile treatment program.
A treatment program serving juvenile clients may use special assessment and treatment procedures if:
A. allowed under the Practice Guidelines for Assessment, Treatment, and Intervention with Adolescents Who Have Engaged in Sexually Abusive Behavior;
B. the assessment is administered by an examiner under part 2955.0090, subpart 6 or 7; and
C. any materials used as stimuli in the assessment are securely stored.
Subp. 2. Specific standards for deception assessment.
A. In addition to the requirements under subpart 1, the standards under this subpart apply if a deception assessment is used for an adult client.
B. A deception assessment must be administered:
Subp. 3. Specific standards for sexual interest and response assessment.
A. In addition to the requirements under subpart 1, the standards under this subpart apply if a sexual interest and response assessment is used for an adult client.
B. An assessment must be administered:
C. Materials used as stimuli in the assessment must be stored securely.
Subp. 4. Additional standard for results and interpreting data.
A. The results obtained through an assessment under this part must be used for assessment, treatment planning, treatment monitoring, or risk assessment.
B. The results must be interpreted within the context of a comprehensive assessment and treatment process and must not be used as the only or the major source of clinical decision-making and risk assessment.
Subp. 5.
[Repealed, 50 SR 387]
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Minn. R. 2955.0170 Standards for Continuing Quality Improvement
A. Each treatment program must develop and follow a written quality assurance and program improvement plan and written procedures to monitor, evaluate, and improve all program components, including services provided by contracted entities. The plan and procedures must address the:
B. The quality assurance and program improvement plan must specify:
History
- Statutory Authority: MS s 241.67
- History: 23 SR 2001; 50 SR 387
Chapter 2960 LICENSURE AND CERTIFICATION OF PROGRAMS FOR CHILDREN
Minn. R. 2960.0010 Purpose and Applicability
Subpart 1. Purpose.
This chapter governs the licensing of providers of residential care and treatment or detention or foster care services for children in out-of-home placement. This chapter contains the licensing requirements for residential facilities and foster care and program certification requirements for program services offered in the licensed facilities.
The purpose of residential care is to provide temporary care or treatment for children in need of out-of-home care or treatment which is determined to meet the child's individual needs and is consistent with the timelines in Minnesota Statutes, sections 260C.503 to 260C.521, and 260C.204. The license holder must cooperate with and give support to the efforts of the placing agency regarding permanency planning for children in out-of-home placement.
Subp. 2. Scope.
This chapter applies to any unit of government, individual, corporation, limited liability corporation, partnership, voluntary association, other organization or entity, or controlling individual that operates or applies to operate a facility that provides care, treatment, detention, or rehabilitation service on a 24-hour basis to a resident. Facilities excluded from licensure under Minnesota Statutes, section 245A.03, subdivision 2, are excluded from this chapter.
Subp. 3. Exemptions from this chapter.
A. Residential service sites for persons with developmental disabilities that are licensed by the commissioner of the Department of Human Services under Minnesota Statutes, chapter 245B, and by the commissioner of the Department of Health under Minnesota Statutes, chapter 144, are exempt from this chapter.
B. Transitional services programs and shelter care service programs are exempt from parts 2960.0130 to 2960.0220.
Subp. 4. Exemption from parts 9543.1000 to 9543.1060.
Group residential facilities licensed or certified under parts 2960.0010 to 2960.0710 are exempt from parts 9543.1000 to 9543.1060.
Subp. 5. Certification.
No entity may be granted a certificate or continue to be certified without a license. A license holder or applicant may seek certification to provide more than one program service.
Subp. 6. Juvenile sex offender treatment programs.
Juvenile sex offender treatment programs are licensed under parts 2960.0010 to 2960.0220 and certified under parts 2955.0010 to 2955.0170.
Subp. 7. Statutory authority.
This chapter is adopted according to Laws 1995, chapter 226, article 3, section 60, and Minnesota Statutes, sections 241.021 and 245A.09.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2005 c 56 s 2; L 2012 c 216 art 6 s 13
Minn. R. 2960.0020 Definitions
Subpart 1. Scope.
The terms used in parts 2960.0010 to 2960.0710 have the meanings given them in this part.
Subp. 1a. Administrative separation.
"Administrative separation" means when a resident is separated from other residents because of the seriousness of the resident's behavior or because the resident's behavior cannot be addressed by placing the resident in safety-stabilization period, as prescribed under part 2960.0740, subpart 1.
Subp. 2. Adolescent.
"Adolescent" means an individual under 18 years of age, defined as a child under Minnesota Statutes, section 260C.007, subdivision 4.
Subp. 3. Applicant.
"Applicant" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 3, and has completed and signed a license or certificate application form. Applicant includes a current license holder who is seeking relicensure or recertification.
Subp. 4. Assessment.
"Assessment" means the process used by a qualified person to identify and evaluate the resident's strengths, weaknesses, problems, and needs.
Subp. 5. Aversive procedure.
"Aversive procedure" has the meaning given in part 9525.2710, subpart 4.
Subp. 6. Basic services.
"Basic services" means services provided at the licensed facility to meet the resident's basic need for food, shelter, clothing, medical and dental care, personal cleanliness, privacy, spiritual and religious practice, safety, and adult supervision.
Subp. 7. Caregiver.
"Caregiver" means a person who provides services to a resident according to the resident's case plan in a setting licensed or certified under parts 2960.0010 to 2960.0710.
Subp. 8. Case manager.
"Case manager" means the supervising agency responsible for developing, implementing, and monitoring the case plan.
Subp. 9. Case plan.
"Case plan" means a plan of care that is developed and monitored by the placing agency for a resident in a residential facility.
Subp. 10. Certification.
"Certification" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 3a.
Subp. 11. Chemical.
"Chemical" means alcohol, solvents, and other mood-altering substances, including controlled substances as defined in Minnesota Statutes, section 152.01, subdivision 4.
Subp. 12.
[Repealed, 32 SR 2268]
Subp. 13.
[Repealed, 32 SR 2268]
Subp. 14. Chemical dependency treatment services.
"Chemical dependency treatment services" means therapeutic and treatment services provided to a resident to alter the resident's pattern of harmful chemical use.
Subp. 15. Chemical irritant.
"Chemical irritant" means any nonlethal chemical compound that is used in an emergency situation to subdue or gain control of a resident who is endangering self, others, or the security of the program.
Subp. 16. Child in need of protection or services or CHIPS child.
"Child in need of protection or services" or "CHIPS child" has the meaning given in Minnesota Statutes, section 260C.007, subdivision 6.
Subp. 17. Child with a disability.
"Child with a disability" has the meaning given in Minnesota Statutes, section 125A.02.
Subp. 18. Child with severe emotional disturbance.
"Child with severe emotional disturbance" has the meaning given in Minnesota Statutes, section 245.4871, subdivision 6.
Subp. 19. Clinical supervision.
"Clinical supervision" means the oversight responsibility for the planning, development, implementation, and evaluation of clinical services, admissions, intake assessment, individual treatment plans, delivery of sex offender treatment services, resident progress in treatment, case management, discharge planning, and staff development and evaluation.
Subp. 20. Clinical supervisor.
"Clinical supervisor" means the person designated as responsible for clinical supervision.
Subp. 21. Commissioner.
"Commissioner" means the commissioner of the Department of Corrections or the commissioner of the Department of Human Services.
Subp. 22. Correctional program services.
"Correctional program services" means any program or activity that uses treatment services, consequences, and discipline to control or modify behavior. Correctional program services are provided to residents who are at least ten years old, but younger than 21 years old, and extended jurisdictional juveniles.
Subp. 23. Criminal sexual behavior.
"Criminal sexual behavior" means any sexual behavior as identified in Minnesota Statutes, sections 609.293 to 609.352, 609.36, 609.365, 609.79, 609.795, and 617.23 to 617.294.
Subp. 24. Critical incident.
"Critical incident" means an occurrence which involves a resident and requires the program to make a response that is not a part of the program's ordinary daily routine. Examples of critical incidents include, but are not limited to, suicide, attempted suicide, homicide, death of a resident, injury that is either life-threatening or requires medical treatment, fire which requires fire department response, alleged maltreatment of a resident, assault of a resident, assault by a resident, client-to-client sexual contact, or other act or situation which would require a response by law enforcement, the fire department, an ambulance, or another emergency response provider.
Subp. 25. Cultural competence or culturally competent.
"Cultural competence" or "culturally competent" means a set of congruent behaviors, attitudes, and policies that come together in a system or agency or among professionals to work effectively in cross-cultural situations.
Subp. 26. Deprivation procedure.
"Deprivation procedure" has the meaning given in part 9525.2710, subpart 12.
Subp. 27. Detention setting.
"Detention setting" means a residential program offering temporary care to the alleged delinquent with new charges or adjudicated delinquent residents with new charges who are at least ten years old, but younger than 21 years old, on a predispositional status.
Subp. 28. Direct contact.
"Direct contact" means the provision of face-to-face care, training, supervision, counseling, consultation, or medication assistance to a resident.
Subp. 29. Disability.
"Disability" has the meaning given in Minnesota Statutes, section 363A.03, subdivision 12.
Subp. 30.
[Repealed, 49 SR 499]
Subp. 31. Discipline.
"Discipline" means the use of reasonable, age-appropriate consequences designed to modify and correct behavior according to a rule or system of rules governing conduct.
Subp. 32. Education.
"Education" means the regular and special education and related services to which school-age residents are entitled as required by applicable law and rule.
Subp. 33. Eight-day temporary holdover facility.
"Eight-day temporary holdover facility" means a physically restricting and unrestricting facility of not more than eight beds, two rooms of which must be capable of being physically restricting. The maximum period that a juvenile can be detained in this facility is eight days, excluding weekends and holidays.
Subp. 34. Emotional disturbance.
"Emotional disturbance" has the meaning given in Minnesota Statutes, section 245.4871, subdivision 15.
Subp. 35. Extended jurisdiction juvenile or EJJ.
"Extended jurisdiction juvenile" or "EJJ" means a person who has been convicted of a felony and been designated by the court as an extended jurisdiction juvenile according to Minnesota Statutes, section 260B.130, and was subject to a disposition under Minnesota Statutes, section 260B.198.
Subp. 36. Family or household members.
"Family or household members" has the meaning given in Minnesota Statutes, section 260C.007, subdivision 17.
Subp. 37. Foster care.
"Foster care" has the meaning given in part 9560.0521, subpart 9.
Subp. 38. Gender-specific.
"Gender-specific" means a facility's capacity to respond to the needs of residents according to their gender-based psychosocial developmental process.
Subp. 39. Group residential setting.
"Group residential setting" means a residential program that offers care to residents and extended jurisdiction juveniles in which the license holder does not live at the licensed facility.
Subp. 40. House parent model.
"House parent model" means a staffing pattern by which the license holder employs staff to act as parents to the residents and those staff are not employed on an hourly or shift basis.
Subp. 41.
[Repealed, 32 SR 2268]
Subp. 42. Individual treatment plan.
"Individual treatment plan" has the meaning given in Minnesota Statutes, section 245.4871, subdivision 21.
Subp. 43. Legal guardian.
"Legal guardian" has the meaning given "guardian" in Minnesota Statutes, section 525.539, subdivision 2, or "custodian" in Minnesota Statutes, section 260C.007, subdivision 10.
Subp. 44. License.
"License" means written authorization issued by the commissioner allowing the license holder to provide a residential service at a facility for a specified time and in accordance with the terms of the license and the rules of the commissioners of human services and corrections.
Subp. 45. License holder.
"License holder" means an individual, corporation, partnership, voluntary association, or other organization or entity that is legally responsible for the operation of the facility that has been granted a license by the commissioner of corrections under Minnesota Statutes, section 241.021, or the commissioner of human services under Minnesota Statutes, chapter 245A, and the rules of the commissioners of human services and corrections. The duties of the license holder may be discharged by a person designated by the license holder to act on behalf of the license holder.
Subp. 46. Mechanical restraint.
"Mechanical restraint" means the restraint of a resident by use of a restraint device to limit body movement.
Subp. 46a.
[Renumbered subp 46c]
Subp. 46b. Medical separation.
"Medical separation" means when a resident is separated from other residents because facility staff must respond to a medical event that threatens the safety of the resident, other residents, or facility staff.
Subp. 46c. Medically licensed person.
"Medically licensed person" means a person who is licensed or permitted by a Minnesota health-related board to practice in Minnesota and is practicing within the scope of the person's health-related license.
Subp. 47. Medication assistance.
"Medication assistance" means assisting residents to take medication and monitoring the effects of medication, but does not include administering injections. For purposes of this subpart, "medication" means a prescribed substance that is used to prevent or treat a condition or disease, to heal, or to relieve pain.
Subp. 48. Mental health professional.
"Mental health professional" has the meaning given in Minnesota Statutes, section 245.4871, subdivision 27.
Subp. 49. Mental health treatment services.
"Mental health treatment services" means all of the therapeutic services and activities provided to a resident with emotional disturbance or severe emotional disturbance to care and treat the resident's mental illness.
Subp. 50. Nighttime hours.
"Nighttime hours" means the time period between 10:00 p.m. and 8:00 a.m.
Subp. 51. No eject policy.
"No eject policy" means a residential facility may not eject a resident from a facility if the resident meets continued stay criteria.
Subp. 51a. Parent.
"Parent" means the parent with parental rights or legal guardian of a resident under 18 years of age.
Subp. 52.
[Repealed, 32 SR 2268]
Subp. 53. Physical escort.
"Physical escort" means the temporary touching or holding of a resident's hand, wrist, arm, shoulder, or back to induce a resident in need of a behavioral intervention to walk to a safe location.
Subp. 54. Physical holding.
"Physical holding" means immobilizing or limiting a person's movement by using body contact as the only source of restraint. Physical holding does not include actions used for physical escort.
Subp. 55. Placement critical.
"Placement critical" means those goals or issues that required a particular out-of-home placement as opposed to nonresidential services.
Subp. 56. Program completion.
"Program completion" means that the treatment team or supervising agency determined that placement critical goals, as outlined in the resident's treatment or placement plan, were sufficiently achieved.
Subp. 57. Program director.
"Program director" means an individual who is designated by the license holder to be responsible for overall operations of a residential program.
Subp. 58. Psychotropic medication.
"Psychotropic medication" means a medication prescribed to treat mental illness and associated behaviors or to control or alter behavior. The major classes of psychotropic medication are antipsychotic or neuroleptic, antidepressant, antianxiety, antimania, stimulant, and sedative or hypnotic. Other miscellaneous classes of medication are considered to be psychotropic medication when they are specifically prescribed to treat a mental illness or to alter behavior based on a resident's diagnosis.
Subp. 59. Resident.
"Resident" means a person under 18 years old, or under 19 years old and under juvenile court jurisdiction, who resides in a program licensed or certified by parts 2960.0010 to 2960.0710.
Subp. 59a. Resident-assisted search.
"Resident-assisted search" means a search in a facility that is licensed by the commissioner of corrections in which a resident undresses behind a half door or curtain so that staff are unable to see the resident's unclothed breasts, buttocks, or genitalia.
Subp. 60. Resident district.
"Resident district" has the meaning given in part 3525.0210, subpart 39.
Subp. 61. Residential juvenile sex offender treatment program.
"Residential juvenile sex offender treatment program" means a residential program that is certified by the state to provide sex offender treatment to juvenile sex offenders.
Subp. 62. Residential program.
"Residential program" means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment for a resident outside of the resident's home.
Subp. 63. Restrictive procedure.
"Restrictive procedure" means:
A. for a facility licensed by the commissioner of human services, a procedure used by the license holder to limit the movement of a resident, including mechanical restraint, physical escort, physical holding, and seclusion; and
B. for a facility licensed by the commissioner of corrections, a procedure used by the license holder to limit a resident's movement, including mechanical restraint, physical escort, physical holding, and safety-based separation.
Subp. 63a. Safety-based separation.
Unless the context indicates otherwise, "safety-based separation" includes administrative separation, medical separation, and safety-stabilization period.
Subp. 63b. Safety-stabilization period or SSP.
"Safety-stabilization period" or "SSP" means when a resident is separated, in a locked or unlocked room, from other residents to ensure the safety of the resident, other residents, or facility staff.
Subp. 64. Screening.
"Screening" means an examination of a resident by means of a test, interview, or observation to determine if the resident is likely to have a condition that requires assessment or treatment.
Subp. 65. Seclusion.
"Seclusion" means confining a person in a locked room.
Subp. 66. Secure program.
"Secure program" means a residential program offered in a building or part of a building secured by locks or other physical plant characteristics intended to prevent the resident from leaving the program without authorization.
Subp. 67. Sex offender.
"Sex offender" means a person who has engaged in, or attempted to engage in, criminal sexual behavior.
Subp. 68. Sex offender treatment.
"Sex offender treatment" means a comprehensive set of planned and organized services, therapeutic experiences, and interventions that are intended to improve the prognosis, function, or outcome of residents by reducing the risk of sexual reoffense and other aggressive behavior and assist the resident to adjust to, and deal more effectively with, life situations.
Subp. 69. Sexually abusive behavior.
"Sexually abusive behavior" means any sexual behavior in which:
A. the other person involved does not freely consent to participate;
B. the relationship between the persons is unequal; or
C. manipulation, exploitation, coercion, verbal or physical intimidation, or force is used to gain participation.
Subp. 70. Shelter care services.
"Shelter care services" means a residential program offering short-term, time-limited placements of 90 days or less to residents who are in a behavioral or situational crisis and need out-of-home placement.
Subp. 70a.
[Renumbered subp 70d]
Subp. 70b.
[Renumbered subp 70e]
Subp. 70c. Strip search.
"Strip search" has the meaning given in Minnesota Statutes, section 241.0215, subdivision 2, paragraph (c), and applies only to a facility licensed by the commissioner of corrections.
Subp. 70d. Substance.
"Substance" means "chemical" as defined in subpart 11.
Subp. 70e. Substance use disorder.
"Substance use disorder" means a pattern of substance use as defined in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders-IV-TR (DSM), et seq. The DSM-IV-TR, et seq. is incorporated by reference. The DSM-IV-TR was published by the American Psychiatric Association in 1994, in Washington, D.C., and is not subject to frequent change. The DSM-IV-TR is available through the Minitex interlibrary loan system.
Subp. 71. Target population.
"Target population" means youth experiencing special problems who have specific needs that require residential program services.
Subp. 72. Temporary holdover facility.
"Temporary holdover facility" means a facility licensed for either 24 hours, excluding weekends and holidays, or an eight-day classification, excluding weekends and holidays.
Subp. 73. Time-out.
"Time-out" means a treatment intervention in which a caregiver trained in time-out procedures removes a resident from an ongoing activity to an unlocked room or other separate living space that is safe and where the resident remains until the precipitating behavior stops.
Subp. 74.
MR 2001 [Removed, L 2003 1Sp14 art 11 s 11]
Subp. 75. Transitional services plan.
"Transitional services plan" means a plan developed by the license holder for a resident who will be discharged from the license holder's facility. The transitional services plan must identify the education, rehabilitation, habilitation, vocational training, and treatment the resident will need after discharge and recommend which agency could provide these services.
Subp. 76. Treatment plan.
"Treatment plan" means a written plan of intervention, treatment, and services for a resident in a family or group residential program that is developed by a license holder on the basis of a resident's screening, assessment, and case plan. The treatment plan identifies goals and objectives of treatment, treatment strategy, a schedule for accomplishing treatment goals and objectives, and the entities responsible for providing treatment services to the resident.
Subp. 77. Twenty-four-hour temporary holdover facility.
"Twenty-four-hour temporary holdover facility" means a physically restricting (secure) or a physically unrestricting (nonsecure) facility licensed for up to 24 hours, excluding weekends and holidays, for the care of one or more children who are being detained.
Subp. 78. Variance.
"Variance" means written permission from the commissioner of human services under Minnesota Statutes, section 245A.04, subdivision 9, or the commissioner of corrections under Minnesota Statutes, section 241.021, or their designee, for a license holder to depart or disregard a rule standard for a specific period of time.
Subp. 79. Victim.
"Victim" has the meaning given in Minnesota Statutes, section 611A.01, clause (b).
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; L 2003 1Sp14 art 11 s 11; 28 SR 1292; 32 SR 2268; 49 SR 499
Minn. R. 2960.0030 Administrative Licensing
Subpart 1. Scope.
The administrative licensing requirements of this part apply to facilities licensed under parts 2960.0010 to 2960.0290 and programs certified under parts 2960.0300 to 2960.0710.
Subp. 2. Application and license requirements.
A. Except as provided in Minnesota Statutes, section 241.021 or 245A.03, subdivision 2, a person, corporation, partnership, voluntary association, controlling individual, or other organization may operate a program if it is licensed by the appropriate licensing authority. A license is not transferable to another individual, corporation, partnership, voluntary association, other organization, controlling individual, or another location.
B. An applicant must provide the information in subitems (1) to (7) to the appropriate licensing authority before a license application will be processed.
C. An application for licensure is complete when the applicant signs the license application and submits the information required in this subpart.
D. In addition to the requirements in item C, an applicant for Department of Human Services licensure or certification must pay a licensing fee which is calculated according to parts 9545.2000 to 9545.2040.
E. A license holder must meet the management and programming standards requirements of Laws 1995, chapter 226, article 3, section 60, subdivision 2, to obtain a license.
Subp. 3. Licensure and certification by Department of Corrections.
License and certification applicants who meet the criteria in this subpart must submit a completed application to the Department of Corrections Licensing Unit. The applicant must plan to:
A. primarily serve delinquent children who are at least ten years old, but younger than 21 years old, in a residential setting;
B. operate a detention or group residential facility for children alleged to be delinquent;
C. be certified to provide residential program services for residents who need correctional programming; or
D. operate a foster care home and have been licensed as a foster care home by the Department of Corrections under chapter 2925 at the time of the adoption of this chapter.
Subp. 4. Licensure and certification by Department of Human Services.
License and certification applicants who meet the criteria in this subpart must submit a completed application to the Department of Human Services Licensing Division according to Minnesota Statutes, section 245A.04. The applicant must plan to:
A. serve children through the age of 19 in a residential setting if the license holder meets the criteria in Minnesota Statutes, section 245A.04, subdivision 11, paragraph (b);
B. operate a group residential program;
C. obtain certification to provide residential program services for residents who need chemical dependency treatment, treatment for severe emotional disturbance, shelter services, or transitional services; or
D. operate a foster home.
Subp. 5. Multiple program certifications.
If an applicant intends to provide multiple treatment services that are licensed or certified by both the Department of Human Services and the Department of Corrections, according to subparts 3 and 4, then the Department of Human Services and the Department of Corrections shall determine which commissioner will license or certify the applicant.
Subp. 6. Variance standards.
An applicant or license or certificate holder may request, in writing, a variance from rule requirements that do not affect the health, safety, or rights of persons receiving services. A variance request must include:
A. the part or parts of the rule for which a variance is sought;
B. the reason why a variance from the specified provision is sought;
C. the period of time for which a variance is requested;
D. written approval from the fire marshal, building inspector, or health authority when the variance request is for a variance from a fire, building, zoning, or health code; and
E. alternative equivalent measures the applicant or license holder will take to ensure the health and safety of residents if the variance is granted. A variance issued by the Department of Human Services must meet the requirements of Minnesota Statutes, section 245A.04, subdivision 9. A variance issued by the Department of Corrections must meet the requirements of Minnesota Statutes, section 241.021. The decision of the commissioner of human services or corrections to grant or deny a variance request is final and not subject to appeal under Minnesota Statutes, chapter 14.
Subp. 7. County notification.
Prior to submitting the initial application for licensure or certification to the licensing agency, the applicant shall notify the county board of the county in which an applicant intends to operate a program that the applicant will submit an application form to the commissioner of human services or corrections. The applicant shall include information about the intended use of the applicant's facility in the notice to the county.
Subp. 8. Denial of application.
The commissioner of human services or corrections shall deny a new license or certificate application if the applicant fails to fully comply with laws or rules governing the program. Failure to fully comply shall be indicated by:
A. documentation of specific facility or program deficiencies that endanger the health or safety of residents;
B. failure to correct a hazardous condition or be approved by fire, building, zoning, or health officials;
C. any other evidence that the applicant is not in compliance with applicable laws or rules governing the program;
D. failure to obtain approval of an on-site school from the Department of Education;
E. documentation of a disqualification of the applicant for licensure or relicensure, or the controlling individual regarding a background study which has not been set aside; or
F. failure to submit a completed application. An applicant whose application was denied by either agency must not be granted a license by either the Department of Corrections or the Department of Human Services for two years following a denial, unless the applicant's subsequent application contains new information which constitutes a substantial change in the conditions that caused the previous denial. A negative determination by one agency is proof of denial for both agencies.
Subp. 9. Drug or alcohol use prohibited.
An applicant or license holder must have a policy that prohibits license holders, employees, subcontractors, and volunteers, when directly responsible for residents, from abusing prescription medication or being in any manner under the influence of a chemical that impairs or could impair the person's ability to provide services or care for a resident. The license holder must train employees, subcontractors, and volunteers about the program's drug and alcohol policy.
Subp. 10. Policy and procedure review.
The license holder must submit the facility's program policies and procedures to the commissioner of human services or corrections for review.
Subp. 11. License and certification terms.
If the commissioner of human services or corrections determines that the program complies with all applicable rules and laws, the commissioner of human services or corrections shall issue a license. The license must state:
A. the name of the license holder;
B. the address of the program;
C. the effective date and expiration date of the license;
D. the type of license;
E. the maximum number and ages of person that may reside at the program;
F. any special conditions of licensure; and
G. any certification which is granted to the program.
Subp. 12. Licensing actions.
The Department of Human Services shall take licensing actions according to Minnesota Statutes, chapter 245A. The Department of Corrections shall take licensing actions according to Minnesota Statutes, section 241.021.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0040 Statement of Intended Use
The license holder must submit a statement of intended use as part of the license application. The statement of intended use must, at a minimum, meet the requirements in items A to F:
A. state the license holder's expertise and qualifications to provide the services noted in the program description;
B. describe the target population to be served with consideration of at least the following characteristics of the residents: cultural background, gender, age, medically fragile condition, and legal status, including children in need of protection or services petition status, delinquency, and whether the resident is in the facility as a voluntary placement or self-referral;
C. state the primary needs of residents that the license holder will meet in the licensed facility;
D. identify those resident services provided within the setting and those services to be provided by programs outside the setting;
E. state how the license holder will involve the resident's cultural or ethnic community to ensure culturally appropriate care; and
F. describe the specific extent and limitations of the program, including whether the license holder would use a restrictive procedure with a resident, under what conditions a restrictive procedure would be used, and what type of restrictive procedures a license holder would use if the license holder was certified to use restrictive procedures.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0050 Resident Rights and Basic Services
Subpart 1. Basic rights.
A resident has basic rights, including but not limited to the rights in this subpart. The license holder must ensure that the rights in items A to S are protected:
A. right to reasonable observance of cultural and ethnic practice and religion;
B. right to a reasonable degree of privacy;
C. right to participate in development of the resident's treatment and case plan;
D. right to positive and proactive adult guidance, support, and supervision;
E. right to be free from abuse, neglect, inhumane treatment, and sexual exploitation;
F. right to adequate medical care;
G. right to nutritious and sufficient meals and sufficient clothing and housing;
H. right to live in clean, safe surroundings;
I. right to receive a public education;
J. right to reasonable communication and visitation with adults outside the facility, which may include a parent, extended family members, siblings, a legal guardian, a caseworker, an attorney, a therapist, a physician, a religious advisor, and a case manager in accordance with the resident's case plan;
K. right to daily bathing or showering and reasonable use of materials, including culturally specific appropriate skin care and hair care products or any special assistance necessary to maintain an acceptable level of personal hygiene;
L. right of access to protection and advocacy services, including the appropriate state-appointed ombudsman;
M. right to retain and use a reasonable amount of personal property;
N. right to courteous and respectful treatment;
O. if applicable, the rights stated in Minnesota Statutes, sections 144.651 and 253B.03;
P. right to be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation;
Q. right to be informed of and to use a grievance procedure;
R. for a facility licensed by the commissioner of human services, right to be free from restraint or seclusion used for a purpose other than to protect the resident from imminent danger to self or others; and
S. for a facility licensed by the commissioner of corrections, right to be free from:
Subp. 2. License holder duties.
The license holder must provide basic services to residents and develop operational policies and procedures which correspond to the basic rights in subpart 1.
Subp. 3. Basic rights information.
The license holder must meet the requirements of this subpart.
A. The license holder must give the resident a written copy of the resident's basic rights information and explain to the resident in a language that the resident can understand, if the resident is incapable of understanding the written basic rights documents, information about the resident's rights related to the resident's care in the licensed facility within 24 hours of admission.
B. The license holder must tell the resident's parent, guardian, or custodian within a reasonable time after admission to the facility that the information in item A is available.
C. A copy of the resident's rights must be posted in an area of the facility where it can be readily seen by staff and the resident.
D. A copy of the resident's rights must be posted in the staff work station.
E. The license holder must inform residents how to contact the appropriate state-appointed ombudsman and give residents the name, address, and telephone number of the state-appointed ombudsman.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0060 Outcome Measures; Evaluation; Community Advising
Subpart 1. Statement of program outcomes.
The license holder must have written policies that identify program outcomes and promote the resident's development as a physically and mentally healthy person. The program services offered by the license holder must be consistent with the resident's case plan.
Subp. 2. Outcome measures.
The license holder must ensure measurement of the outcomes of the license holder's services intended to promote the resident's development as physically and mentally healthy persons. The measurement must note the degree to which the license holder's services provided to the resident or the resident's family have been successful in achieving the intended outcome of the services offered to the resident and the resident's family. The license holder must measure the success in achieving the outcomes identified in the license holder's policy statement required by subpart 1. The commissioner of human services or corrections may require license holders to measure specific factors related to the outcomes in subpart 1.
Subp. 3. Program evaluation.
A. The license holder must annually evaluate strengths and weaknesses of the program using at least the performance indicators in subitems (1) to (7):
B. The program evaluation in item A must be kept for two licensing periods.
Subp. 4. Use of findings.
The license holder must use the program evaluation reports and findings in subpart 3 as a basis to make improvements in its programs.
Subp. 5. Independent program audit.
The license holder must comply and cooperate with independent program audits conducted by the commissioner of human services or corrections and comply with the findings of the audit. The license holder must document the facility's compliance with its operational policies and procedures. The license holder must retain demographic information on a resident and must document the extent of the resident's program completion on a form designated by the commissioner of human services or corrections.
Subp. 6. Community involvement.
Each facility must have a board of directors or advisory committee that represents the interests, concerns, and needs of the residents and community being served by the facility. The board of directors or advisory committee must meet at least annually. The license holder must meet at least annually with community leaders representing the area where the facility is located to advise the community leaders about the nature of the program, the types of residents served, the results of the services the program provided to residents, the number of residents served in the past 12 months, and the number of residents likely to be served in the next 12 months.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0070 Admission Policy and Process
Subpart 1. Exemptions.
Transitional services programs certified under part 2960.0500 are exempt from the requirements of subparts 4 and 5.
Subp. 2. Admission criteria.
The license holder must have written specific identifiable admission criteria that are consistent with the license holder's statement of intended use in part 2960.0040. The license holder must:
A. have sufficient resources available and qualified staff to respond to the needs of persons with disabilities admitted to the facility;
B. consider the appropriateness of placing female residents in facilities that have few other female residents and whether or not the facility could offer gender-specific program services for female residents;
C. consider the appropriateness of placing male residents in facilities that have few other male residents and whether or not the facility could offer gender-specific program services for male residents; and
D. seek the approval of the commissioner of corrections to serve EJJs who are older than 19 years of age in the same facility with residents who are less than 19 years of age.
Subp. 3. Resident admission documentation.
Upon or within five working days after admission, the license holder must obtain and document the information in items A and B to the extent permitted by law:
A. legal authority for resident placement; and
B. in collaboration with the placing agency, gather information about the resident in subitems (1) to (12), and place that information in the resident's file:
Subp. 4. Inventory and handling of resident property.
The license holder must inventory the resident's personal property, including clothing, and have the resident and the license holder sign the inventory upon admission. If the resident refuses to sign the inventory, two facility staff must sign the inventory. The license holder must ensure that a resident retain the use and availability of personal funds or property unless restrictions are justified in the resident's treatment plan.
A. The license holder must ensure separation of resident funds from funds of the license holder, the residential program, or program staff.
B. Whenever the license holder assists a resident with the safekeeping of funds or other property, the license holder must:
C. License holders and program staff must not:
Subp. 5. Resident screening.
A resident admitted to a facility must be appropriately screened by a trained person, using screening instruments approved by the commissioner of human services and corrections.
A. The license holder must ensure that the screenings in subitems (1) to (6) are completed if not completed prior to admission. The form used for screening in subitems (1) to (6) must be reviewed by a licensed professional in a related field.
B. The license holder must make an effort to determine the resident's culture and gender-based needs.
C. The license holder must screen or arrange to have a resident screened according to the timelines in subitems (1) to (3).
D. The screenings must include documented inquiries and the results of the inquiries regarding the degree to which the resident's family desires to be involved during the resident's stay at the facility. The resident and resident's family response must be documented.
E. The license holder must follow the resident's case plan and cooperate with the case manager to:
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0080 Facility Operational Service Policies and Practices
Subpart 1. Exemptions.
Transitional services programs certified under part 2960.0500 are exempt from the requirements of subparts 3; 4, items C to E; 5; 6; 8 to 13; and 15.
Subp. 2. Basic services.
The license holder must provide services that fulfill the basic rights of a resident as identified in part 2960.0050, subpart 1.
A. Basic services provided by the license holder must have stated objectives and measurable outcomes.
B. License holders who do not provide a basic service in the facility must coordinate and ensure that the service is provided by the placement agency or by resources in the community.
C. The license holder must meet the basic needs of the residents served by the facility.
Subp. 3. Cooperation in treatment and basic service delivery.
The license holder must cooperate with the resident's case manager and other appropriate parties in creating and delivering basic services. In addition, the license holder must:
A. work with the resident, parent, or legal representative, and the resident's case manager and treatment team, if applicable, to implement the resident's case plan during the resident's stay in the facility. The license holder must also coordinate the license holder's plan for services to the resident with the placing agency's case plan for the resident and work with the placing agency to identify the resident's projected length of stay and conditions under which the family will be reunited, if appropriate, or specify the alternative permanency plan and what the license holder will do to help carry out the plan;
B. identify and share information about the resident's treatment and major treatment outcomes the resident will achieve while in the facility, including attaining developmentally appropriate life skills that the resident needs to have in order to be functional in a family and in the community, with persons who are directly involved in the resident's treatment plan in accordance with the resident's case plan;
C. communicate as necessary with the resident's previous school and the school the resident attends while the resident is in the license holder's facility as indicated in the resident's case plan;
D. report the resident's behaviors and other important information to the placing agency and others as indicated in the resident's case plan;
E. recommend case plan changes to the placing agency; and
F. upon request, unless prohibited by law, share information about the resident, the resident's family, and the license holder's plans and strategies to resolve the resident's identified problems with the placing authority; agencies that are providing services to the resident, resident's therapist, physician, or professional treating the resident; and agencies that must provide services to the resident after discharge from the facility. The records also must be provided to the resident's parent and guardian, if any, and the resident, unless a court or a mental health professional determines that the disclosure would be harmful to the resident. If an authorized person requests a resident's records, or their release is authorized by court order or otherwise provided by law, the license holder must respond to requests for information in three business days.
Subp. 4. Facility rules and due process system for residents.
The license holder must communicate verbally and in writing to a resident who is capable of understanding the facility's rules and the details of the due process system used in the facility. The rules must address the following topics:
A. which behaviors are considered acceptable and unacceptable and the reasons why;
B. the consequences that will be applied in recognizing and rewarding acceptable behavior and modifying unacceptable behavior;
C. the circumstances, if any, that will result in time-out or the use of a restrictive procedure;
D. the due process system that governs the facility's use of disciplinary consequences; and
E. the relationship of the resident's individualized education program discipline recommendations, if any, to the facility's discipline plan.
Subp. 5. Discipline policy and procedures required.
The license holder must have discipline policies and procedure that require the resident's abuse history and developmental, cultural, disability, and gender needs be taken into consideration when deciding the disciplinary action to be taken with a resident. The policy must include the requirements in items A to E.
A. The license holder must not subject residents to:
B. The delegation of authority by the license holder to a resident or group of residents to punish another resident or group of residents is prohibited.
C. The license holder must meet the requirements of part 9525.2700, subpart 2, item G, regarding the use of aversive or deprivation procedures with a resident who has a developmental disability.
D. The license holder must meet the following requirements for the use of time-out:
E. The license holder must be certified to use restrictive procedures according to parts 2960.0710 to 2960.0750 before using a restrictive procedure with a resident.
Subp. 5a. Department of Corrections; discipline policies and procedures; social isolation prohibited.
A. This subpart applies to facilities licensed by the commissioner of corrections.
B. A facility's discipline policies and procedures and due process system must be updated to reflect:
C. Facility staff are prohibited from socially isolating a resident as discipline by restricting the resident's right to:
Subp. 6. Daily resident activities.
The license holder must develop a written schedule of daily activities that generally describes the resident's activities for each day of the week. The license holder must know the whereabouts of each resident. The license holder must immediately notify the referring or placing agency if a resident runs away or is missing.
Subp. 7. Culturally appropriate care.
The license holder must document the provision of culturally appropriate care to each resident that includes:
A. opportunities to associate with culturally and racially similar adults, peers, and role models;
B. opportunities to participate in positive experiences related to the resident's cultural and racial group;
C. culturally appropriate program services that address the needs of all residents in care; and
D. cultural sensitivity, including the provision of interpreters and English language skill development to meet the needs of facility residents as required by Laws 1995, chapter 226, article 3, section 60, subdivision 2, paragraph (2), clause (v).
Subp. 8. Spirituality services and counseling.
A. Residents must be given an opportunity to participate in spirituality services, activities, and counseling on a voluntary basis. A resident must not be required to attend the services or activities. All spirituality services and activities must be held in a location that the residents who do not wish to participate are not exposed to the services or activities. Attendance or lack of attendance at religious services or activities must not be considered as a basis for any right or privilege in the facility.
B. The license holder must arrange with the clergy or spiritual leaders within the area to provide spiritual counseling if requested by a resident. Every effort must be made by the license holder to accommodate a resident or a resident's family's request to meet the resident's spiritual needs, including spiritual needs related to the resident's culture, in the facility. If the resident's or resident's family's request cannot be met, the license holder must document the reason.
C. The license holder shall allow residents who request private interviews or counseling regarding spiritual, personal, or family problems the opportunity to meet with a spiritual or religious person of their choice within reasonable facility rules needed to protect the facility's security and the safety of other residents and staff within the facility.
Subp. 9. Educational services.
The license holder must ensure that educational services are provided to residents according to items A to D, except where not applicable, due to the age of the resident or the resident's short stay in the facility.
A. The license holder must facilitate the resident's admission to an accredited public school or, if the resident is home-schooled or educated at a private school or school operated by the license holder, the school must meet applicable laws and rules. If the educational services are provided on the grounds of the facility, the license holder must:
B. The license holder must facilitate the resident's school attendance and homework activities.
C. The license holder must inquire at least every 90 days to determine whether the resident is receiving the education required by law and the resident's individualized education program that is necessary for the resident to make progress in the appropriate grade level. The license holder must report the resident's educational problems to the case manager or placing agency.
D. The license holder must provide education about chemical health to the resident who has had a problem related to inappropriate chemical use, but who does not have a sufficient chemical use history to refer to treatment. The education must provide the resident with opportunities to examine the problems associated with inappropriate chemical use.
Subp. 10. Exercise and recreation.
The license holder must develop and implement a plan that offers appropriate recreation for residents.
Subp. 11. Health and hygiene services.
The license holder must meet the conditions in items A to F.
A. The license holder must provide a resident with timely access to basic, emergency, and specialized medical, mental health, and dental care and treatment services by qualified persons that meet the resident's needs. The license holder's health services plan must include the requirements in subitems (1) to (3).
B. The license holder must maintain a record of the illness reported by the resident, the action taken by the license holder, and the date of the resident's medical, psychological, or dental care.
C. Maintaining stock supplies of prescription drugs at the facility is prohibited.
D. The license holder, in consultation with a medically licensed person, must have a plan for the safe storage and delivery of medicine. The license holder must meet the requirements in subitems (1) to (5).
E. The license holder must keep records for a resident who receives prescription drugs at the facility and note: the quantity initially received from the pharmacy, amount of medication given, dosage, and time when the medication was taken. The license holder must document a resident's refusal to take prescription medication.
F. Prescription medicine belonging to a resident must be given to the resident's parent or legal guardian upon the resident's release or must be disposed of according to a pharmacy-approved plan. The license holder must note the disposition of the resident's medicine in the resident's file. The license holder must give a resident who is 18 years of age or older the prescription medication prescribed for the resident.
Subp. 12. Food and nutrition.
The license holder must provide:
A. a balanced diet consisting of foods and beverages that are palatable, of adequate quantity and variety, and prepared and served at appropriate temperatures to protect residents from foodborne illness and conserve nutritional value;
B. a diet medically prescribed, if ordered by a resident's physician or, in the case of a pregnant resident, recommended or ordered by a prenatal care provider; and
C. a diet that does not conflict with the resident's religious or cultural dietary regimen.
Subp. 13. Resident clothing, bedding, and laundry.
The license holder must ensure that a resident has:
A. an adequate amount of clean clothing appropriate for the season;
B. an appropriate sized, clean, fire-retardant mattress; two sheets or one sheet and clean mattress cover; sufficient clean blankets to provide comfort under existing temperature conditions; and one pillow and one pillowcase that is antiallergenic, if required, to meet a resident's health care needs. Existing non-fire-retardant mattresses may continue to be used until they are replaced, provided that the existing mattresses are replaced no later than July 1, 2015; and
C. adequate bath towels and washcloths. Clean bedding and linens must be furnished upon each new admission, and bedding and linens must be cleaned once a week or more often as needed to maintain a clean and safe environment. Bedding and linens that are worn out or unfit for further use must not be used.
Subp. 14. Emergency plan.
The license holder must develop a written emergency plan that specifies actions by staff and residents required for the protection of all persons in the case of an emergency, such as a fire, natural disaster, serious illness, severe weather, disappearance of a resident, or other situation that may require a law enforcement response or other emergency response. The plan must be developed with the advice of the local fire and emergency response authorities. The plan must specify responsibilities assumed by the license holder for assisting a resident who requires emergency care or special assistance to a resident in emergencies. The license holder must review the plan with staff and residents at least once every six months. The license holder must keep documentation showing compliance with the emergency plan and the semiannual review.
Subp. 15. Communication and visitation.
The license holder must have a written policy about resident communications and visiting with others inside and outside of the facility that meets the requirements of items A and B.
A. The license holder must have a written policy about the use of the telephone, mail, adaptive communications devices, and other means of communication, compatible with the needs of other residents and the resident's case plan.
B. License holders may not restrict the visiting rights of the parents of a resident beyond the limitations placed on those rights by a court order under Minnesota Statutes, section 260C.201, subdivision 5, or limitations in the resident's case plan. The visiting policy must allow parental visits at times that accommodate the parent's schedule.
Subp. 16. Resident records.
A license holder must:
A. maintain and make available to the commissioner of human services and corrections sufficient documentation to verify that all requirements of the rules governing the care of the resident have been met;
B. maintain and make available upon request the resident's records according to the requirements of rule and statute;
C. comply with the requirements of the case manager for the release of information about the resident, unless prohibited by law; and
D. use forms approved by the commissioner of human services or corrections and collect demographic information about residents and their families and outcome measures about the success of services that meet the requirements of Laws 1995, chapter 226, article 3, section 60, subdivision 2, clause (1)(iii).
Subp. 17. Critical incident and maltreatment reports.
The license holder must report critical incidents and the maltreatment of a resident according to items A to D.
A. The license holder must report critical incidents of a serious nature that involve or endanger the life or safety of the resident or others to the commissioner of human services or corrections within ten days of the occurrence on forms approved by the commissioner of human services or corrections. The license holder must maintain records of all critical incidents on file in the facility.
B. The license holder must meet the reporting requirements of Minnesota Statutes, chapter 260E and section 626.557, if applicable, and other reporting requirements based on the age of the resident.
C. The license holder must develop policies and procedures to follow if maltreatment is suspected.
D. The license holder must review policies and procedures about maltreatment at least annually and revise the policies if the maltreatment laws change or if the license holder's review of incident reports or quality assurance reports indicates that a change in maltreatment policy or procedure is warranted.
Subp. 18. Resident and family grievance procedures.
A. The license holder must develop and follow a written grievance procedure that allows a resident, the resident's parent or legal representative, a guardian, or a concerned person in the resident's life to make a formal complaint or suggestion or express a concern about any aspect of the resident's care during the resident's stay in the facility. The license holder and staff must not attempt to influence a resident's statement about the facility in the grievance document or during an investigation resulting from the grievance. The written grievance procedure must require, at a minimum, that:
B. If a grievance is filed, the license holder must document the grievance along with the investigation findings and resulting action taken by the license holder. Information regarding the grievance must be kept on file at the facility for two licensing periods.
Subp. 19. Family involvement.
If family involvement is a goal in a resident's case plan, the license holder must list procedures and program plans which are in accordance with a resident's case plan, that facilitate the involvement of the resident's family or other concerned adult, in the resident's treatment or program activities.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; L 2005 c 56 s 2; L 2011 1Sp11 art 3 s 12; 49 SR 499
Minn. R. 2960.0090 Discharge and Aftercare
Subpart 1. Exemption.
Transitional services programs certified under part 2960.0500 are exempt from the requirements of subpart 3.
Subp. 2. No eject policy.
A license holder must have a written no eject policy. Before discharging a resident who has not reached the resident's case plan goals, or treatment plan goals for a resident who has a treatment plan, the license holder must confer with other interested persons to review the issues involved in the decision. During this review process, which must not exceed five working days, the license holder must determine whether the license holder, treatment team, interested persons, if any, and the resident can develop additional strategies to resolve the issues leading to the discharge and to permit the resident an opportunity to continue to receive services from the license holder. If the review indicates that the decision to discharge is warranted, the reasons for it and the alternatives considered or attempted must be documented. A resident may be temporarily removed from the facility during the five-day review period. This subpart does not apply to a resident removed by the placing authority or a parent or guardian.
Subp. 3. Return of resident's property.
The license holder must return all of the resident's personal property to the resident along with a signed receipt upon discharge, unless prohibited to do so by law or case plan. Discrepancies between the resident's inventoried property turned over to the facility at admission and the property returned to the resident at discharge, and the resolution of the discrepancy, must be documented by facility staff.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0100 Personnel Policies
Subpart 1. Staffing plan.
The license holder must have a staffing plan that:
A. is approved by the commissioner of human services or corrections;
B. identifies the assignments of facility staff; and
C. meets the cultural and ethnic needs of the facility residents to the extent permitted by law.
Subp. 2. Recruitment of culturally balanced staff.
To the extent permitted by law, it is the license holder's responsibility to actively recruit, hire, and retain full-time staff who are responsive to the diversity of the population served. If the facility staffing plan does not meet the cultural and racial needs of facility residents according to subpart 1, item C, the license holder must document the reasons why and work with cultural or racial communities to meet the needs of residents. In addition, the license holder must contact a cultural or racial community group related to the resident's cultural or racial minority background and seek information about how to provide opportunities for the resident to associate with adult and peer role models with similar cultural and racial backgrounds on a regular basis. The license holder must maintain annual documentation regarding the license holder's efforts to meet the requirements of this subpart.
Subp. 3. Orientation and in-service training.
The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The training must be directly related to serving the program's target population and to achieving the program's outcomes. The license holder must ensure that staff who will have direct contact with residents attend and successfully complete orientation training before having unsupervised contact with residents.
A. Orientation training must include at least the subjects in subitems (1) to (6):
B. The license holder must ensure that staff who have direct contact with residents receive ongoing training. Training must help staff meet the needs of residents and must include skills development.
Subp. 4. Specialized training.
If needed, license holders and staff must have specialized training to develop skills to care for residents. Specialized training must be directly related to serving the program's target population and to meeting the program's certification requirement, if the program has been certified.
Subp. 5. Documentation of training.
The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.
Subp. 6. License holder and staff qualifications.
A. The license holder and staff must have the education and experience required to meet the functions and program activities that the license holder declared in the facility statement of intended use according to part 2960.0040. The license holder, or the license holder's representative acting on behalf of the license holder, must be a responsible, mature, healthy adult who is able to carry out the license holder's duties. The license holder and staff must be able to accomplish the license holder's duties to the resident's case plan and treatment plan and meet the resident's needs.
B. Staff must be trained in gender-based needs and issues.
C. The license holder and staff must be at least 21 years old unless stated otherwise in this chapter.
Subp. 7. Background study.
A license holder and individuals identified in Minnesota Statutes, sections 241.021 and 245A.04, subdivision 3, must submit to a background study.
A. Background checks conducted by the Department of Human Services are conducted according to Minnesota Statutes, section 245A.04, subdivision 3.
B. Background checks conducted by the Department of Corrections are conducted according to Minnesota Statutes, section 241.021, subdivision 6.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0110 Physical Environment and Equipment
Subpart 1. Physical environment and equipment.
The facility must be equipped and maintained in a manner that conforms to its statement of intended use.
Subp. 2. Comfort, privacy, and dignity.
The physical environment must provide for the comfort, privacy, and dignity of residents.
Subp. 3. Adequate facilities for services.
A. The license holder must ensure that food services, storage, housekeeping, laundry, and maintenance are operated on a consistent, healthy basis.
B. If food service is contracted to a food service vendor, the food service vendor must meet health code requirements.
C. If the license holder provides educational services on site, the classrooms must provide an atmosphere that is conducive to learning and meets the resident's special physical, sensory, and emotional needs.
D. The license holder must provide adaptive equipment and furnishings to meet the resident's special needs.
Subp. 4. First aid kits.
A facility must have first aid kits readily available for use by residents and staff. The kits must be sufficient to meet the needs of residents and staff.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0120 Physical Plant Standards
Subpart 1. Exemptions.
Transitional services programs certified under part 2960.0500 are exempt from the requirements in subpart 2, item C.
Subp. 2. Code compliance.
A facility must comply with the applicable fire, health, zoning, and building codes and meet the physical plan and equipment requirements in items A to I.
A. A sleeping room must not be used to accommodate more than four residents. Multibed bedrooms must provide a minimum of 60 square feet per resident of useable floor space with three feet between beds placed side by side and one foot between beds placed end to end for ambulatory residents. For nonambulatory residents, the multibed bedrooms must provide 80 square feet per resident of useable floor space.
B. A resident must have adequate space for clothing and personal possessions, with appropriate furnishings to accommodate these items.
C. Facility grounds must provide adequate outdoor space for recreational activities.
D. There must be one shower or bathtub and sink with hot and cold water and one toilet for every eight residents.
E. The heating plant must be of a size and capacity to maintain a comfortable temperature in all resident rooms and other areas of the facility used by residents.
F. The facility must have sufficient electric lighting in combination with natural lighting to provide reasonable light levels for the function of each given area.
G. The facility must have sufficient space provided for indoor quiet and group program activities.
H. The facility providing educational services on site must meet the physical plant and equipment requirements of the Department of Education for the provision of educational services.
I. A facility providing intake or admission services must have sufficient space to conduct intake functions in a private, confidential manner or provide the opportunity to conduct private meetings, including intake activities in a separate space.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0130 Purpose and Applicability
Subpart 1. Purpose.
Parts 2960.0130 to 2960.0220 establish the minimum standards that a group residential facility must meet to qualify for licensure by the designated commissioner. A group residential setting license holder must also meet the requirements of parts 2960.0010 to 2960.0120.
Subp. 2. Applicability.
Parts 2960.0130 to 2960.0220 govern facilities licensed as group residential settings.
Subp. 3. Certification option.
A program licensed as a group residential setting is not required to obtain a treatment certification.
Subp. 4. Exemptions.
The exemptions in items A and B apply.
A. Transitional services programs certified under part 2960.0500 are exempt from the requirements of parts 2960.0130 to 2960.0220.
B. Shelter services programs certified under parts 2960.0510 to 2960.0530 are exempt from the requirements of parts 2960.0130 to 2960.0220.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0140 Program Quality, Assurance, and Improvement
Subpart 1. Resident and family satisfaction survey.
A. The license holder may ask the commissioner of human services or corrections for permission to use a random sample of residents, parents, and guardians. At a minimum, the license holder must attempt to survey each released resident, the resident's parents or legal guardians and custodians, and the referring agency regarding the license holder's satisfaction with the services in subitems (1) to (7):
B. The results of each resident's survey must be available on file in the facility for review for at least two inspection cycles.
Subp. 2. Treatment plan compliance.
Following the resident's discharge, the license holder must document the extent to which the resident's stay in the facility met the goals and objectives identified in the resident's treatment plan. Documentation must include at least:
A. the services identified in the resident's treatment plan that were provided to the resident directly by the license holder and the services that were provided by a provider other than the license holder; and
B. the extent to which the services provided to the resident contributed to achieving the goals and objectives identified in the resident's treatment plan.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2011 1Sp11 art 3 s 12
Minn. R. 2960.0150 Personnel Policies
Subpart 1. Job descriptions.
The license holder must have written job descriptions for all position classifications and post assignments that define the responsibilities, duties, and qualifications staff need to perform those duties. The job descriptions must be readily available to all employees.
Subp. 2. Professional licensure.
The license holder must keep records showing that staff professional licensure is current.
Subp. 3. Staffing plan.
The license holder must prepare and obtain approval from the commissioner of human services or corrections of a written staffing plan that shows staffing assignments and meets the needs of the residents in placement. The license holder must use the criteria in items A to J to develop the facility's staffing plan.
A. The license holder must designate a chief administrator of each facility.
B. In the temporary absence of the chief administrator, a staff person must be designated as a person in charge of the facility.
C. The license holder must designate a program director of the facility. A program with more than 24 residents must have a full-time program director.
D. The license holder must not assign staff who supervise residents in a manner that invades the privacy of residents or embarrasses or diminishes the dignity of residents by requiring staff of the opposite gender to perform the duties in subitems (1) to (4):
E. The written staffing plan must include a contingency plan that ensures an immediate response by on-call staff of the same gender as the resident when:
F. The license holder may assign medically licensed staff and purchase the services of persons who are medically licensed to care for or treat residents of the opposite sex. However, if a resident asks that a medically licensed person of the same sex perform the procedures in item D, subitem (2), the license holder must provide same sex medically licensed personnel to perform the procedures in item D, subitem (2). Medically licensed personnel must perform the duties in item D, subitem (2).
G. The minimum number of direct care staff that must be present and awake when residents are present and awake is one staff person per 12 residents. At a minimum, one staff person per 25 residents must be present and awake at all times in the facility when residents are normally asleep. Programs must meet the requirements of subitems (1) to (3) if they do not have awake staff at times when residents are normally asleep:
H. The license holder must designate one full-time staff person for every 25 residents to coordinate resident treatment and case plans.
I. The license holder must designate a person to coordinate volunteer services, if volunteers are used by the facility. The license holder must have a system for registration and identification of volunteers. Volunteers who have unsupervised contact with residents must have a background check. The license holder must require volunteers to agree in writing to abide by facility policies. Volunteers must be trained and qualified to perform the duties assigned to them.
J. The staffing plan must be appropriate for the program services offered to the resident, physical plant features and characteristics of the facility, and condition of the resident. The license holder must consider the factors in subitems (1) to (9) when developing the staffing plan:
Subp. 4. Personnel training.
The license holder must develop an annual training plan for employees that addresses items A to D.
A. Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. The license holder must determine the amount of training needed by considering an employee's position description, the tasks to be performed, and the performance indicators for the position. To determine the type and amount of training an employee needs, the license holder must also consider the program's target population, the services the program delivers, and the outcomes expected from the services.
B. Staff who have direct contact with residents must complete at least 24 hours of in-service training per year. One-half of the training must be skill development training. Staff who do not have direct contact and volunteers must complete in-service training requirements consistent with their duties, directly related to the needs of children in their care.
C. The license holder must provide orientation and training to staff and volunteers regarding:
D. Part-time direct care staff must receive sufficient training to competently care for residents. The amount of training must be provided at least at a ratio of one hour of training for each 50 hours worked, up to 24 hours of training per part-time employee per year.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0160 Admission Policies and Process
Subpart 1. Admission criteria.
A license holder must develop resident admission criteria consistent with the license holder's statement of intended use and program services certifications. The admission criteria must describe the age of the resident to be served, whether both male and female residents are served, whether there are limitations about who the program will serve, and what types of problems and primary needs the program will meet during the resident's stay.
Subp. 2. Ability to meet resident needs.
Before admission of a resident, the license holder must examine the placement agency's information about the resident and must determine and document whether the program can meet the resident's needs. The license holder must document whether:
A. the resident is a danger to the resident's self or others;
B. the relevant screening and assessment of the resident was completed;
C. the program is able to meet the resident's cultural, emotional, educational, mental health, and physical needs;
D. the resident is a sex offender. The license holder must take special precautions when a resident is considered likely to engage in sexually abusive behavior. The license holder must assess the resident to determine which precautions may be appropriate, such as to give the resident an individual sleeping room, and direct staff to pay special attention to the resident's interactions with others. The license holder's care for a resident likely to engage in sexually abusive behavior must protect the resident, other residents, staff, and the community. The license holder must consider the vulnerability of other residents in the facility when caring for a sex offender; and
E. the resident has a substance use disorder. If the resident requires a chemical use assessment, the chemical use assessment must be conducted by an alcohol and drug counselor licensed according to Minnesota Statutes, chapter 148C, or an assessor, as defined in part 9530.6605, subpart 4. Information obtained in the chemical use assessment must be recorded in the resident's record and must include the information required in part 9530.6620, subpart 1. The chemical use assessment must address the resident's:
Subp. 3. Privacy.
All admission procedures must be conducted in a manner and location that ensures the personal privacy of the resident.
Subp. 4. Information to residents.
The license holder must give residents the information in items A to C.
A. Copies of facility rules must be made available to all residents who can read at the time of admission. The facility rules must include:
B. Each resident, within 24 hours of admission, must be provided with a copy of a description of the applicable programs and activities available to residents in the facility.
C. Rules and program information must be read to those residents incapable of understanding written documents or who are unable to read. The license holder must consider the languages the resident understands and the resident's age and ability when presenting information to the resident.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0170 Classification and Separation of Residents
Subpart 1. Classification of residents.
The license holder must develop a classification plan and house residents in living units that are consistent with the license holders's statement of intended use. Resident classification criteria for living unit assignment must include consideration of at least the following factors: age, developmental level, gender, physical assaultiveness, delinquent sophistication, and run risk. The classification plan must be reviewed and approved by the commissioner of human services or corrections.
Subp. 2. Separation of residents by gender.
There must be complete separation of sleeping and toilet facilities to the extent necessary to ensure a resident's privacy from residents of the opposite gender.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0180 Facility Operational Policies and Practices
Subpart 1. Policy manuals.
The license holder must submit the facility policy and procedures manuals to the commissioner of human services or corrections for review and make the manuals available to all staff within the facility.
Subp. 2. Facility programs.
The license holder must prepare written program descriptions and policies and procedures that implement the program described. Measurable program outcomes must also be identified.
A. The minimum program components must include the requirements in subitems (1) to (3).
B. Each resident must have a treatment plan.
Subp. 3. Records and reports.
The license holder must have a record retention schedule. The license holder must:
A. comply with reporting requirements of Minnesota Statutes, section 253C.01;
B. maintain the records in subitems (1) to (13) according to state law:
C. store records in an organized, retrievable manner that ensures confidentiality.
Subp. 4. Audio or visual recording of resident.
Photographs, videotapes, and motion pictures of a resident taken on program premises or by program personnel are considered a resident record. Photographs of a resident for identification and recordings by videotape and audiotape for the purpose of enhancing therapy, staff supervision, or security may be required. A resident must be informed when actions are being recorded, and has the right to refuse any recording unless authorized by law, necessary for program security, or to protect the health and safety of a resident. The use of an audio or visual recording of a resident must comply with data practices laws.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0190 Discharge and Aftercare
Subpart 1. Discharge.
The license holder must meet requirements of items A and B.
A. Prior to the resident's release from the program, the license holder, in conjunction with the placing agency, must develop a transition services plan for the resident. The plan must recommend ways to meet the resident's needs and identify resources that are available in the community to address the resident's continuing needs after release from the facility. The plan must consider the environment into which the resident will return, and recommend how the resident may deal with issues and potential challenges within that environment. The plan must be developed with input from the resident, the resident's family members, if appropriate, the providing school district, and the persons who will provide support services to the resident upon release. A copy of the plan must be given to the resident and to the school, or to the residential treatment facility that the resident will attend or is placed in after release.
B. The transition services plan must include at least the elements in subitems (1) to (7):
C. The license holder must give written notice of the resident's projected discharge date to:
Subp. 2. Treatment plan compliance.
The license holder must document the extent to which the resident's stay in the facility met the goals and objectives of the resident's treatment plans as follows:
A. identify which services, including education, were provided directly or indirectly to the resident and who provided the services; and
B. identify the services, including education, that were recommended in the resident's case plan or treatment plan but were not provided to the resident.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0200 Physical Plant and Environment
A group residential facility must meet the requirements in items A to D.
A. Buildings, structures, or enclosures used by the facility, including walls, floors, ceilings, registers, fixtures, equipment, and furnishings, must be kept in good repair.
B. Written policies and procedures must specify the facility's fire prevention protocols, including fire drills, and practices to ensure the safety of staff, residents, and visitors. The policies must include provisions for adequate fire protection service, inspection by local or state fire officials, and placement of fire hoses or extinguishers at appropriate locations throughout the facility.
C. The license holder must have a written maintenance plan that includes policies and procedures for detecting, reporting, and correcting building and equipment deterioration, safety hazards, and unsanitary conditions.
D. The license holder must have a written smoking policy for the facility that applies to staff and residents that complies with Minnesota Statutes, sections 144.411 to 144.417, and Public Law 103-227, title X, section 1043.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0210 Facility and Equipment Codes
Subpart 1. Facility codes.
The facility's location, buildings and grounds, offices, and other structures must conform to applicable health, fire, zoning, and building codes and the requirements of part 2960.0110.
Subp. 2. Equipment codes.
The facility's food service, plumbing, ventilation, heating, cooling, lighting, elevators, and other fixtures and equipment must conform to applicable health, sanitation, and safety codes and regulations.
Subp. 3. Safety reports maintained.
The facility must maintain in a permanent file the reports of insurance coverage; occupational safety and health administration reports; incident reports; and reports of health, fire, and other safety inspections.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0220 New Construction Standards
Subpart 1. New construction standards.
New secure juvenile certified correctional group residential facilities must meet the minimum physical plant construction standards developed by the Department of Corrections.
Subp. 2. Nonsecure construction standards.
New construction of nonsecure residential facilities must meet state and local building codes and the physical plant requirements in part 2960.0120. Correctional group residential construction plans and schematics must be reviewed and approved by the Department of Corrections before the license holder allows bids for construction.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0230 Purpose and Applicability
Subpart 1. Purpose.
Parts 2960.0230 to 2960.0290 establish additional minimum standards that facilities providing detention services must meet to qualify for licensure by the commissioner of corrections. The license holder must also comply with parts 2960.0010 to 2960.0120.
Subp. 2. Applicability.
Parts 2960.0230 to 2960.0290 apply to any unit of government, individual, corporation, limited liability corporation, partnership, voluntary association, other organization, or controlling individual that operates a facility that provides detention services on a 24-hour basis to a juvenile who is alleged to be a delinquent, an adjudicated delinquent, an extended jurisdiction juvenile, or a child in need of protection or services on predispositional status who is at least ten years old but not older than 21 years old. The facility classifications governed by parts 2960.0230 to 2960.0290 are:
A. secure detention facilities;
B. eight-day temporary holdover facilities; and
C. 24-hour temporary holdover facilities.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0240 Personnel Policies
Subpart 1. Job descriptions and staff qualifications.
Job descriptions and staff qualifications must meet the requirements in items A and B.
A. The license holder must have written job descriptions for all position classifications and post assignments that define responsibilities, duties, and qualifications needed to perform those duties. The job description must be readily accessible to all employees.
B. Staff who supervise residents must be at least 21 years old. Persons older than 18 years old but younger than 21 years old may be employed if they are enrolled or have completed course work in a postsecondary education program to pursue a degree in a behavioral science.
Subp. 2. Professional licensure.
The license holder must maintain documentation showing that licensure is current for staff whose positions require professional licensure.
Subp. 3. Staffing plan.
The license holder must prepare and obtain approval from the commissioner of corrections of a written staffing plan that shows staff assignments and meets the needs of the residents in placement. The license holder must use the criteria in items A to J to develop the facility's staffing plan.
A. The license holder must designate a chief administrator of each facility.
B. In the temporary absence of the chief administrator, a staff person must be designated as the person in charge of the facility.
C. The license holder must designate a program director of the facility. A program with more than 24 residents must have a full-time program director.
D. The license holder must not assign staff in a manner that invades the privacy of residents or embarrasses or diminishes the dignity of residents by requiring staff of a different gender to perform the duties in subitems (1) to (4):
E. The minimum number of staff who have direct contact that must be present and awake when residents are present is one staff person per 12 residents. At a minimum, one staff person per 25 residents must be present and awake at all times in the facility when residents are normally asleep.
F. Minimum staffing requirements for temporary holdover facilities are described in subitems (1) to (5).
G. The license holder must designate a person to coordinate volunteer services, if volunteers are used by the facility. The license holder must have a system for registration and identification of volunteers. Volunteers who have unsupervised contact with residents must have a background check. The license holder must require volunteers to agree in writing to abide by facility policies. Volunteers must be trained and qualified to perform the duties assigned to them.
H. The staffing plan must be appropriate for the program services offered to the resident and the condition of the resident. The license holder must consider the factors in subitems (1) to (9) when developing the staffing plan:
I. Physical plant features and characteristics must also be considered when approving the program's staffing plan.
J. Staffing plans must be readily available for each licensing inspection.
Subp. 4. Personnel training.
The license holder must provide staff training.
A. The license holder must develop and implement a training plan for orientation and continuing in-service training programs for all employees and volunteers. The plan must enable personnel to improve their knowledge, skills, and abilities and promote awareness and appreciation of, and sensitivity to, the cultural background and needs of the residents served by the facility. The training and development plan must:
B. The facility must offer orientation for new employees regarding agency objectives, resources, policies, and services. Employees must be oriented to the facility's goals, services, policies, and operational procedures; the cultural diversity of the service population; and the agency's relationship with the providing school district and other community resources.
C. Employees of a long-term secure detention facility who have direct contact with residents must complete a minimum of 40 hours of in-service training per year. One-half of the training must be skill development training. Staff of an eight-day temporary holdover facility must complete 24 hours of in-service training. Twenty-four-hour temporary holdover staff and other facility staff and volunteers must complete in-service training consistent with professional licensure requirements and responsibilities and the license holder's annual training plan.
Subp. 5. Strip searches and resident-assisted searches; training.
A. Staff conducting a strip search or resident-assisted search must receive annual training on trauma-informed techniques as follows:
B. The commissioner of corrections must provide training guidance on trauma-informed techniques and post the guidance on the department's website.
C. The training under item A must be documented according to part 2960.0100, subpart 5.
Subp. 6. Strip searches and resident-assisted searches; requirements.
A. All strip searches and resident-assisted searches in facilities licensed by the commissioner of corrections must be conducted according to this subpart.
B. Staff conducting a strip search or resident-assisted search must:
C. A strip search and resident-assisted search must be conducted:
D. A staff member must consult with a mental health professional or, if a mental health professional is unavailable, a medically licensed person before conducting a strip search if a resident with a known or suspected mental health diagnosis, history of sexual abuse, or other mental-health-related history identified in the resident's screening objects to the search.
E. A strip search must be conducted one body half at a time, allowing a resident to choose whether to have the top or bottom half of their body searched first without having to be fully unclothed at any point during the search.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0250 Admission and Release Policy and Process
Subpart 1. Personal privacy.
Admission procedures must be conducted in a manner and location that ensures the personal privacy of the resident and the confidentiality of the transaction from unauthorized personnel.
Subp. 2. Admission criteria.
Detention statutory criteria for admission into a facility must be met prior to any person being admitted into the detention facility.
Subp. 3. Information to residents.
The license holder must make information available to a resident in a language the resident can understand.
A. A copy of facility rules must be made available to a resident throughout confinement concerning rules governing conduct, the facility's due process system, and disciplinary consequences; procedures for obtaining personal hygiene and canteen items; and policies governing visiting, correspondence, bathing, laundry, and clothing and bedding exchange.
B. The license holder, within 24 hours of admission, must either give a copy to or advise the resident of the facility's rules and activities, the outside resources available, and the addresses and telephone numbers of the state-appointed ombudsman. A juvenile admitted into a 24-hour temporary holdover facility must be provided the information at the time of admission.
C. Items A and B must be explained to a resident who is unable to read or who has questions about facility rules.
D. The license holder must advise the resident upon admission of the resident's legal rights regarding detention or confinement. The resident must be advised of the official charge or legal basis for detention.
E. The license holder must notify the parent or legal custodian or guardian of the resident's admission into detention and the address of the facility, unless notice was given by the referring agency.
Subp. 4. Search, strip search, and resident-assisted search.
A. Upon admission, a resident's personal belongings must be examined in a manner and in a location that ensures the resident's personal privacy. Items taken from the resident during the search must be included in the resident's personal property inventory.
B. Each strip search must be conducted according to part 2960.0240, subpart 6; and Minnesota Statutes, section 241.0215, subdivision 3. Internal body searches of the anus or genitalia are prohibited.
C. Before a staff member may conduct a strip search or resident-assisted search, the staff member must receive training on trauma-informed techniques according to part 2960.0240, subpart 5.
Subp. 5. Resident clothing.
The license holder may determine the type of clothing a resident must wear. However, uniforms are discouraged and the license holder must consider the resident's cultural dress customs when developing resident clothing policies.
Subp. 6. Discharges and releases.
Discharges and releases must be according to items A and B.
A. No resident must be released in inclement weather without proper clothing to ensure health and safekeeping.
B. A resident must be permitted to make arrangements for transportation prior to release.
Subp. 7. Transitional services plan.
The license holder must assist the case manager to develop the transitional services plan, if requested by the case manager.
Subp. 8. Case plan compliance.
The license holder must document the extent to which the requirements of the resident's case plan were addressed while the resident was in the facility, if the resident has a case plan. The license holder must:
A. identify which services were provided directly or indirectly to the resident and who provided the services;
B. identify which services were not provided to the resident, but should have been, and the party who was responsible to provide the services; and
C. document the extent to which the license holder met the expected outcomes identified in the resident's case plan.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0260 Classification and Separation of Residents
Subpart 1. Classification of residents.
The license holder must develop a classification plan that is consistent with the license holder's statement of intended use. The license holder must house residents in living units according to the classification plan. Resident classification criteria for living unit assignment must include consideration of at least the following factors: age, developmental level, gender, physical aggressiveness, delinquent sophistication, and abscond risk. The classification plan must be reviewed and approved by the commissioner of corrections.
Subp. 2. Separation of residents by gender.
There must be complete separation of living and sanitation facilities to the extent necessary to ensure a resident's privacy from residents of the opposite gender. Gender-appropriate program services must be provided to male and female residents separately when possible.
Subp. 3. Residents who may have sexually abusive behaviors.
The license holder must take special precautions when a resident is considered likely to have sexually abusive behavior. The license holder must screen the resident to determine which precautions may be appropriate, give the resident an individual sleeping room, and direct staff to pay special attention to the resident's interactions with others. The license holder's care for a resident likely to have sexually abusive behavior must protect the resident, other residents, staff, and the community. The license holder must consider the vulnerability of other residents in the facility.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0270 Facility Operation Services, Policies, and Practices
Subpart 1. Administrative structure.
The license holder must designate a single administrator of the facility, and in that person's absence, a staff person must be designated as being in charge. Upon request, the license holder must provide the names and addresses of the owners, board members, or controlling individual, and an organizational chart depicting organizational authority over the program to the commissioner of corrections.
Subp. 2. Policies and procedures manual.
License holders must have a policy and procedures manual reviewed by the commissioner of corrections that is readily available to staff. The policy manual must contain policies and procedures for all aspects of the facility's operation. The license holder must ensure that the policies and procedures in the manual safeguard residents' rights and require the provision of basic services to residents.
Subp. 3. Posting of medical, dental, and emergency resources.
A list of medical, dental, and emergency resources must be posted at each staff station in the facility. The list must include the emergency resources' telephone numbers and hours that each resource is available.
Subp. 4. Medical services.
A. A facility must provide space, staff, and a procedure for daily sick call to ensure residents the opportunity to report illness and injury and receive appropriate medical services for illness or injury.
B. A resident must be examined by a medically licensed person within a reasonable time if the resident is visibly ill, chronically ill, or whenever it is suspected that medical attention is necessary. A resident must receive emergency mental health and dental care when needed.
C. If medical services are delivered in the facility or through contract services, adequate space, equipment, supplies, and materials, as determined by the responsible physician, must be provided to deliver primary health care.
D. Staff responsible for the supervision, safety, and well-being of residents must be trained in emergency first aid procedures. At least one person per shift must have training in receiving, screening, basic life support, cardiopulmonary resuscitation, and recognition of symptoms of the illnesses most common to the residents detained in the facility.
E. A facility must have at least one first aid kit located at the facility's control center or primary staff station. The first aid kit must be inspected by a designated staff person regularly to assess the adequacy of first aid supplies. The kit must be adequate to meet the needs of residents and staff.
F. The license holder, in consultation with a medically licensed person, must develop plans and establish procedures and accessories for the secure storage, delivery, supervision, and control of medications and medical supplies in the facility.
Subp. 5. Visitation.
A license holder must have a written visitation plan. The plan must include at least the requirements in items A to D.
A. A resident may visit, at reasonable times of the day, with parents, relatives, or other adults who were responsible for the resident's care before the resident was admitted to the facility, unless the license holder has convincing evidence that such a visit would not be in the best interest or welfare of the resident.
B. The facility administrator must set a facility-wide visiting policy regarding visitors, other than those described in item A. Visitors may be monitored, but notice of monitoring must be posted in the visiting area. The administrator may limit visits by persons other than those described in item A to scheduled visiting hours. Scheduled visiting hours must include mornings, evenings, weekdays, and weekends. A minimum of eight scheduled hours per week must be maintained for visiting.
C. Visits by an attorney, probation officer, case worker, or religious or spiritual counselor are allowed and must be permitted to take place in private.
D. The license holder must request visitors to register upon arrival at the facility; give their name, address, and relationship to the resident; and produce a reliable form of identification. If a visit is denied, the resident and visitor must be given the reason for denial and the reason must be documented in the resident's file.
Subp. 6. Safety-based separation.
A. A license holder must have a written plan for safety-based separation according to this subpart.
B. The license holder must post and explain the resident rules of conduct, consequences for negative behavior, and incentives for positive behavior to a resident in a way and in a language that the resident can understand.
C. Rooms for safety-based separation must have the minimum furnishings and space specified in the Department of Corrections construction standards under chapter 2900.
D. When a resident persists in destroying clothing or bedding, or harms the resident's self with the clothing or bedding while in safety-based separation, staff may deprive the resident of clothing and bedding. The decision to deprive a resident of clothing and bedding must be:
E. It is prohibited to delegate authority to a resident or group of residents to punish another resident or group of residents.
F. A resident must not be deprived of materials necessary to maintain an acceptable level of personal hygiene while in safety-based separation.
Subp. 7. Education program.
The license holder must provide education programs and services to a resident that are consistent with Department of Education rules and statutory requirements governing education of a resident. If the license holder suspects that a resident has a disability, and educational evaluation must be conducted according to applicable rules to determine if the resident has a disability. The license holder must ensure that the appropriate evaluation is completed and must assist a student who has disabilities and needs special education and related services to obtain those services.
Subp. 8. Exercise and recreation.
The license holder must implement a plan that provides opportunities for physical exercise and recreational activities for residents. At a minimum, the plan must provide for and include:
A. regulations that are reasonable and necessary to protect the facility's security and the residents' welfare;
B. provisions for a minimum of two hours of daily preplanned exercise or activities supervised and directed by trained staff and recreational activities and leisure time activities, excluding time spent watching television;
C. provisions for indoor space and equipment for active recreation; and
D. provisions for outdoor recreational space, equipment, and support staff for outdoor recreational program services, except that this item does not apply to eight-day and 24-hour temporary holdover facilities.
Subp. 9. Correspondence and telephone.
The license holder must implement a plan for handling resident mail and resident telephone use that is consistent with established legal rights of juveniles and reasonable and necessary facility regulations to protect the facility's security.
Subp. 10. Juvenile clothing, bedding, and laundry services.
The license holder must meet the requirements of items A to C.
A. A resident must have neat, clean clothing that is appropriate for the season. The license holder must provide the resident with clothing if the resident does not have clothing.
B. The facility administrator or person in charge may consider it necessary to remove clothing or bedding from a resident if the resident's behavior threatens the safety or security of the resident or others in the facility. Facility staff must take all reasonable steps to ensure the safety and security of the resident and others and the security of the facility without success, prior to removing the resident's clothing or bedding. If bedding or clothing is removed from a resident, a critical incident report must be completed and kept on file at the facility for two licensing periods.
C. Laundry services must meet the resident's clothing, linen, and bedding needs.
Subp. 11. Emergencies.
The license holder must develop a written emergency plan with procedures for the protection and evacuation of all persons in the case of fire, explosion, flood, tornado, or other emergencies. In addition, the emergency plan must provide for immediate and effective action in the event of hostage incidents, escape and escape attempts, suicide and attempted suicide, any illness or accident considered an emergency, power failure, major resident disturbances, assaults, and outbreaks or epidemics of contagious disease.
Subp. 12. Reporting critical incidents.
Critical incidents of an unusual or serious nature that involve, or endanger the lives or safety of, facility staff or residents must be reported to the commissioner of corrections within ten days on a form supplied by the commissioner of corrections.
Subp. 13. General requirements for food service.
Food service must meet the requirements of items A to F.
A. The goals of food service in a facility must be to provide food and beverages to residents that are nutritionally adequate, palatable, produced in a manner to prevent food-borne illness, of adequate quantity and variety, served at appropriate temperatures, and prepared by methods which conserve nutritional value.
B. Any food service provided in a detention facility must follow the requirements of chapter 4626.
C. When food is catered into the facility, it must be obtained from a source licensed by the Department of Health.
D. A facility housing a resident in need of a medically prescribed therapeutic diet must document that the diet is provided as ordered by the resident's physician.
E. If a resident's religious or spiritual beliefs require adherence to dietary customs, the license holder must make efforts to provide the special diet. If the license holder is unable to meet a resident's religious or spiritual dietary customs, the license holder must document why the resident's dietary customs could not be met.
F. Food must be covered during transport through nondietary areas, but need not be covered when served in a dining area which is contiguous to the food preparation area. The food service system must be capable of maintaining hot foods at 150 degrees Fahrenheit or higher and maintaining cold foods at 40 degrees Fahrenheit or lower. A dumbwaiter or conveyor that has a cab or carrier used for the transport of soiled linen or soiled dishes must not be used for the transport of food.
Subp. 14. Housekeeping, sanitation, and plant maintenance.
The license holder must meet the requirements of items A to C.
A. The facility and all buildings, structures, or enclosures used by the facility, including walls, floors, ceilings, registers, fixtures, equipment, and furnishings, must be kept in good repair and maintained to protect the health, comfort, safety, and well-being of residents and staff.
B. The license holder must have and implement a written plan to inspect and document daily housekeeping, sanitation, and plant maintenance needs in the occupied parts of the facility.
C. The license holder, in cooperation with the facility's governing body, must develop plans, policies, and procedures to detect and correct building and equipment deterioration, safety hazards, and unsanitary conditions in the early stages of their development and provide for their repair, correction, or modification.
Subp. 15. Physical plant and environment.
The license holder must meet the requirements of this subpart.
A. Building features, space for programs, equipment, and materials must be consistent with the facility's statement of intended use and program objectives. The facility's physical plant features must comply with chapter 2900.
B. The license holder must ask the local health authority and fire marshal to inspect the facility annually for health, sanitation, and fire safety conditions.
C. The Department of Corrections must review and approve all new construction and renovation of detention facilities. The license holder must meet the requirements of chapter 2900 governing the construction of new corrections facilities.
D. A nonsecure 24-hour temporary holdover facility must:
E. A secure 24-hour temporary holdover facility must:
F. A secure or nonsecure eight-day temporary holdover facility must meet the requirements of subitems (1) to (12).
Subp. 16. Information reporting required.
The license holder must report information and statistics about program services, outcomes, and data about residents in the license holder's facility to the commissioner of corrections according to Minnesota Statutes, section 241.021, subdivision 1, paragraph (a).
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0280 New Construction Standards
A new juvenile detention facility must meet the minimum physical plant construction standards of chapter 2900.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0290 Physical Plant and Equipment Codes
Subpart 1. Equipment codes.
The facility's food service, plumbing, ventilation, heating, cooling, lighting, elevators, and other fixtures and equipment must conform to health, sanitation, and safety codes and regulations.
Subp. 2. Safety reports maintained.
The facility must maintain in its file the reports of insurance, inspections, Occupational Safety and Health Administration reports, incident reports, and reports of health, fire, and other safety inspections.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0300 Purpose and Applicability
Subpart 1. Purpose.
Parts 2960.0300 to 2960.0420 establish the minimum certification standards that licensed settings must meet for certification as a secure program.
Subp. 2. Applicability.
Parts 2960.0300 to 2960.0420 govern a license holder who wishes to operate a secure program. Parts 2960.0300 to 2960.0420 do not apply to a locked group residential facility certified to provide treatment to residents with severe emotional disturbance certified under parts 2960.0580 to 2960.0700.
Subp. 3. License requirements.
A program certified under parts 2960.0300 to 2960.0420 must meet the requirements of parts 2960.0010 to 2960.0120 and be licensed as a group residential setting according to parts 2960.0130 to 2960.0220 or as a detention setting according to parts 2960.0230 to 2960.0290.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0310 Statement of Program Objectives
The license holder must prepare a written statement of measurable secure program goals and outcomes. The goals and outcomes must be developed with the input of local juvenile justice personnel including judges, probation officers, case managers, social workers, and other persons considered appropriate by the license holder.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0320 Program Services Standards
A secure program service must meet the needs of the resident served by the program, based on the resident's offense history, age, gender, disability, cultural and ethnic heritage, mental health and chemical dependency problems, and other characteristics. Services offered must include at least items A and B:
A. intensive regular and special educational programs, with an individual educational plan for each resident who has a disability and needs special education and related services; and
B. specific educational components that meet the resident's program services needs for the management of anger, nonviolent conflict resolution, mental health, and other program services needs, such as physical abuse, cultural and ethnic heritage, gender, parenting education, and program services to educate sex offenders about sexuality and address issues specific to victims and perpetrators of sexual abuse.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0330 Admission and Continued Stay
Subpart 1. Placement authorized by statute or court order.
A resident may not be placed in a secure facility unless the placement meets the statutory criteria or is approved by the juvenile court.
Subp. 2. Admission documentation.
No resident may be received by a license holder until the referring agency has produced proper credentials and the placement person signs the placement person's name and title on a form identifying the purpose for placement that will be part of the intake record.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0340 Security Standards
Subpart 1. Supervision of nonemployee service personnel.
A person working at the facility, who is not employed by the facility, must be under the general supervision of facility staff, unless that person has been trained in the facility's policies and procedures. No contact by such persons with residents is permitted.
Subp. 2. Extra duty.
No employee may be scheduled for duty for two consecutive work periods except in a documented emergency, or when unusual circumstances require reasonable and prudent exception. No employee may work more than 16 hours in each 24-hour period.
Subp. 3. Continuing need reviewed.
Policies and procedures must be established that include time lines for the review of individual cases to determine the need for continued secure placement. There must be written criteria addressing circumstances under which a resident must be moved to less restrictive parts of the facility if appropriate. When a license holder moves a resident from a secure to a nonsecure space in a facility for programming purposes, the license holder must notify the appropriate juvenile court.
Subp. 4. Plans for group arrest.
A secure facility providing correctional program services must have written plans governing space arrangements and procedures to follow in the event of a group arrest that exceeds the maximum capacity of the facility. These plans must be reviewed at least annually and updated.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0350 Discharge
Subpart 1. Discharge criteria.
The facility must have written discharge criteria that allow discharge according to items A and B, except that detention facilities are exempt from preparing written criteria in item A and must prepare criteria in item C:
A. completion of the resident's facility treatment plan;
B. the resident is ordered to a different placement by the court; or
C. the legal authority to hold the resident expires.
Subp. 2. Return of property.
When a resident is discharged, the resident's property must be returned to the resident with a receipt, signed by the license holder, listing the property returned, unless the property is held for authorized investigation or litigation.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0360 Security Policies and Procedures
Subpart 1. Content of policies and procedures.
A license holder that offers correctional program services must develop security policies and procedures on the following:
A. control and recovery of contraband;
B. delivery and service procedures;
C. prohibition of firearms and other weapons in resident areas and measures to ensure that weapons are inaccessible to residents;
D. search procedures, including strip searches and resident-assisted searches;
E. escort of residents outside the secured area; and
F. when residents are not under direct supervision, conducting well-being checks at least once every 30 minutes, as direct supervision and well-being checks are defined under part 2960.0720, subpart 3.
Subp. 2. Inspection of facility and deliveries to facility.
The facility must be regularly inspected for contraband, evidence of breaches in security, and inoperable security equipment. Materials delivered to or transported from the facility must be inspected for contraband prior to distribution.
Subp. 3. Chemical irritant use.
A. The license holder must have written policies approved by the licensing agency governing the use of chemical irritants and related chemicals.
B. The use of chemical irritants is permitted only in secure facilities with correctional program services.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0370 Locks and Keys
Subpart 1. Storage.
A. The license holder must ensure that when not in use, keys to security locks are properly tagged and stored in a secure cabinet within a secure area, out of reach of residents or the public. At least one complete set of facility keys must be kept on hand for replacement purposes.
B. The license holder must ensure that keys that serve a critical security purpose must be easily identifiable and never issued except upon order of the facility administrator or person in charge, and according to established procedure. No security keys shall be made available to residents.
Subp. 2. Inspection.
The license holder must ensure that:
A. all locks to security doors or gates are inspected daily to ensure their efficient operation and the inspections are documented;
B. no lock to a security door or gate is broken, inoperable, or left in an unsuitable condition for any unnecessary period of time; and
C. no residents are placed in a secure room or area that has inoperable locks.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0380 Dangerous Materials and Hazardous Substances
Subpart 1. Dangerous materials.
Materials that can be deleterious to security, safety, and health must be properly secured, inventoried, and dispensed.
Subp. 2. Tools.
When not in use, tools must be kept in locked storage areas. Security precautions must be developed and implemented regarding any tools entering or leaving the facility.
Subp. 3. Hazardous substances.
A hazardous substance must not be stored in living areas. A cleaning substance that is hazardous must be handled only by staff or residents under direct staff supervision.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0390 Count Procedure
Subpart 1. Written statement.
A facility must have a written statement specifying the system used to regularly count the number of residents in the facility.
Subp. 2. Frequency of counts.
There must be a resident count at least once each eight hours.
Subp. 3. Master count board.
A system for counting must include procedures that account for the total number of residents at any given time. Changes in the number of residents must be documented and reported immediately.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0400 Hospitalization of Residents
When a resident requires hospitalization, the resident must be supervised on a 24-hour-a-day basis unless the conditions in items A and B have been satisfied:
A. the facility administrator has determined that the resident does not need custody supervision; or
B. the resident is incapacitated in the opinion of the attending physician.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0410 Restrictive Procedures and Searches
Subpart 1. Restrictive procedures.
Detention facilities that want to use restrictive procedures may use restrictive procedures according to the program's statement of intended use if the license holder is certified to use restrictive procedures according to parts 2960.0710 to 2960.0750.
Subp. 2. Strip searches and resident-assisted searches.
A. Each strip search must be conducted according to part 2960.0240, subpart 6; and Minnesota Statutes, section 241.0215, subdivision 3. Internal body searches of the anus or genitalia are prohibited.
B. Before a staff member may conduct a strip search or resident-assisted search, the staff member must receive training on trauma-informed techniques according to part 2960.0240, subpart 5.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0420 Secure Physical Plant Standards
New secure juvenile facility construction plans must be reviewed and approved by the Department of Corrections.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0430 Purpose
Subpart 1. Purpose.
Parts 2960.0430 to 2960.0490 establish the minimum standards that residential treatment programs serving residents with substance use disorder must meet to qualify for certification.
Subp. 2. Outcome.
Compliance with parts 2960.0430 to 2960.0490 requires that services:
A. are provided as specified in an individual treatment plan;
B. are developed with assistance from the resident's family or legal representative in deciding what services are needed and how they are provided;
C. support the resident in gaining the skills necessary to return to the community;
D. support the family in gaining the skills necessary to care for the returning resident; and
E. are provided by qualified staff under the supervision of a licensed alcohol and drug counselor.
Subp. 3. License requirements.
A program certified under parts 2960.0430 to 2960.0490 must meet the requirements of parts 2960.0010 to 2960.0120 and be licensed as a group residential setting according to parts 2960.0130 to 2960.0220.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0440 Applicability
Parts 2960.0430 to 2960.0490 apply to residential programs according to items A and B.
A. A residential program licensed under parts 2960.0010 to 2960.0220 to provide services that address the substance use disorder for persons who are under 19 years of age must be certified under parts 2960.0430 to 2960.0490.
B. A residential program that addresses the substance use disorder of a person older than 15 years of age, and under 21 years of age must either be licensed under parts 2960.0010 to 2960.0220 and certified under parts 2960.0430 to 2960.0490 or be licensed under Minnesota Statutes, chapter 245G.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0450 Chemical Dependency Treatment Services
Subpart 1. Description.
Chemical dependency treatment services are services provided by a professional to alter the resident's pattern of chemical use by helping the resident recognize the harmful effects of chemicals on the resident and others, to develop the skills necessary to avoid inappropriate and harmful chemical use, and to identify alternative methods of meeting the needs previously met by chemical use.
Subp. 2. Required services.
A certificate holder must provide each resident at least 15 hours each week of the type and amount of services specified in each resident's individual treatment plan. The certificate holder must provide the services in items A to D, unless the service is determined to be contrary to the resident's treatment plan by a licensed alcohol and drug counselor. Self-help groups must not be counted in the number of hours of service a program provides. The program must provide:
A. a comprehensive resident evaluation that consists of a compilation of information from the resident, the resident's family, the referral source, and others and meets the requirements for an assessment in parts 2960.0070, subpart 5, items A and B, and 2960.0160, subpart 2, item E;
B. individual and group counseling to help the resident identify and address problems related to chemical use and develop strategies for avoiding inappropriate chemical use after treatment;
C. resident information concerning chemical health awareness, sexuality, health problems related to chemical use, and the necessary changes in lifestyle to regain and maintain health. Resident education must include information concerning the human immunodeficiency virus according to Minnesota Statutes, section 245A.19, and tobacco addiction and cessation resources; and
D. therapeutic recreation to provide the resident with an opportunity to participate in recreational activities without the use of mood-altering chemicals and learn to plan and select recreation activities that do not involve the inappropriate use of chemicals. Therapeutic recreation must be led by, directed by, or provided according to a plan developed by staff who are qualified according to subpart 4.
Subp. 3. Additional chemical dependency treatment services.
A certificate holder may provide or arrange for the provision of additional chemical dependency treatment in this subpart as indicated in the resident's individual treatment plan.
A. The program may provide family counseling to assist the resident in identifying the impact of inappropriate chemical use on others and to assist the resident and those closest to the resident in identifying and changing behaviors that contribute to inappropriate chemical use. Family counseling must be provided by a family therapist.
B. The program may provide health monitoring, stress management, and physical well-being training by a medically licensed person or under the supervision of a medically licensed person to assist the resident in reaching and maintaining an acceptable level of health, physical fitness, and well-being.
C. The program may provide living skills development to assist the resident in learning basic skills necessary for living in the larger community, including:
Subp. 4. Counselors to provide chemical dependency treatment services.
Chemical dependency treatment services must be provided by qualified alcohol and drug counselors, who are qualified to provide the service according to part 2960.0460, subparts 5 and 6a, unless the individual is specifically qualified according to the applicable standards of that profession.
Subp. 5. Volunteers.
A volunteer may provide chemical dependency treatment services if under the direct supervision of the license holder or a qualified staff person. A volunteer who has direct contact with residents is subject to a background check if the contact with a resident is not directly supervised by the license holder or staff. The program must provide a volunteer an orientation to the program, its purpose, and the population served.
Subp. 6. Location of service provision.
The chemical dependency treatment services required in subpart 2 must be provided at the address stated on the certificate. Additionally, at least one-half of all of the required hours of service that a resident receives must be provided at the address on the certificate.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0460 Staff Qualifications
Subpart 1. Staff qualifications.
The qualifications in this part are in addition to the qualifications required under part 2960.0100, subpart 6.
Subp. 2.
[Repealed, L 2022 c 98 art 12 s 21]
Subp. 3. Program director qualifications.
The program director must know and understand the implications of parts 2960.0010 to 2960.0710 and Minnesota Statutes, chapter 260E and section 626.557.
Subp. 4. Alcohol and drug counselor supervisor qualifications.
The personnel file of an alcohol and drug counselor supervisor must include documentation that the individual meets the criteria in items A to C.
A. The individual is competent in the areas in subpart 6, and the competency is documented according to subpart 7.
B. The individual has three or more years of experience providing individual and group counseling to chemically dependent residents.
C. The individual knows and understands the implications of parts 2960.0010 to 2960.0710 and Minnesota Statutes, chapter 260E and section 626.557.
Subp. 5. Alcohol and drug counselor qualifications.
The personnel file of an alcohol and drug counselor must include:
A. documentation that the individual is either licensed or exempt from licensure under Minnesota Statutes, chapter 148F;
B. documentation that the individual has had an additional 30 hours of classroom instruction in adolescent development; and
C. documentation that the individual has had at least 150 hours of supervised experience as an adolescent alcohol and drug counselor, either as a student or as an employee.
Subp. 6.
[Repealed, 32 SR 2268]
Subp. 6a. Individuals with temporary permit.
An individual with a temporary permit from the Board of Behavioral Health and Therapy may provide chemical dependency treatment services according to the conditions in either item A or B.
A. The individual is supervised by a licensed alcohol and drug counselor assigned by the license holder. The licensed alcohol and drug counselor must document the amount and type of supervision at least weekly. The supervision must relate to clinical practices. One licensed alcohol and drug counselor may not supervise more than three individuals.
B. The individual is supervised by a clinical supervisor approved by the Board of Behavioral Health and Therapy. The supervision must be documented and meet the requirements of Minnesota Statutes, section 148F.04, subdivision 4.
Subp. 7. Individuals exempt from licensure.
For an alcohol and drug counselor exempt from licensure under Minnesota Statutes, chapter 148F, the department must consider a counselor qualified according to subpart 5, item A, if:
A. the individual has at least a baccalaureate degree including 480 hours of alcohol and drug education in which each of the core functions in Minnesota Statutes, chapter 148F, is covered; and has successfully completed 880 hours of supervised experience as an alcohol and drug counselor, either as a student or as an employee;
B. the individual has documented the successful completion of 270 clock hours of alcohol and drug counselor training, 60 hours of which have occurred within the last five years, including completion of 880 hours of supervised experience as an alcohol and drug counselor, either as a student or as an employee. The training must cover the core functions in Minnesota Statutes, chapter 148F; or
C. the individual is certified as a chemical dependency counselor or as a chemical dependency counselor reciprocal, through the evaluation process established by the Certification Reciprocity Consortium Alcohol and Other Drug Abuse, Inc., and published in the Case Presentation Method Trainers Manual, copyright 1993. This manual is incorporated by reference. It is available at the State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, MN 55155. It is not subject to frequent change.
Subp. 8. Overnight staff.
The personnel file of overnight staff employed by a residential program must include documentation of the individual's competency in the areas in items A to D:
A. knowledge of resident rights and staff responsibilities as outlined in parts 2960.0050 and 2960.0150;
B. knowledge of and ability to perform basic first aid procedures, including cardiopulmonary resuscitation and first aid for seizures, trauma, and fainting;
C. crisis intervention techniques consistent with the program's protective procedures plan; and
D. ability to notify the off-site, on-call supervisor regarding any unusual resident occurrences. Overnight staff may not admit, transfer, or discharge residents, but may serve as the person in charge of the facility required in part 2960.0150, subpart 3, item B.
Subp. 9. Student interns.
A qualified staff person must supervise and be responsible for all treatment services performed by student interns and must review and sign all assessments, progress notes, and treatment plans prepared by an intern. Student interns must receive the orientation and training required for permanent staff members.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04; L 1995 c 226 art 3 s 60; L 2022 c 98 art 12 s 20
- History: 28 SR 211; 32 SR 2268; 47 SR 741
Minn. R. 2960.0470 Staffing Requirements
Subpart 1. Program director required.
Each certificate holder must have a program director. The program director must be under contract or employed full time by the license holder.
Subp. 2. Alcohol and drug counselor supervisor requirements.
A rehabilitation program must employ an alcohol and drug counselor supervisor who meets the requirements of part 2960.0460, subpart 4. An individual may be simultaneously employed as the program director, an alcohol and drug counselor supervisor, and a licensed alcohol and drug counselor if the individual meets the qualifications for each position. If a licensed alcohol and drug counselor is simultaneously an alcohol and drug counselor supervisor or program director, that individual must be considered a 0.5 full-time equivalent licensed alcohol and drug counselor for purposes of meeting the staffing requirements under subpart 3.
Subp. 3. Staffing requirements.
If a chemical dependency treatment service is being provided, the group size must not exceed ten residents per qualified alcohol and drug counselor present. A license holder serving adolescents must have at least one alcohol and drug counselor for each ten or fewer adolescent residents who are chemically abusive or dependent.
Subp. 4. Staff drug and alcohol policies.
The license holder must have written personnel policies that describe the process for disciplinary action, suspension, or dismissal of a staff person for violating the drug and alcohol policy described in part 2960.0030, subpart 9, and Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c).
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2022 c 98 art 12 s 20
- History: 28 SR 211; 47 SR 741
Minn. R. 2960.0480 Admission and Discharge Policies
Subpart 1. Admission policy.
The certificate holder must not admit individuals who do not meet the admission criteria in the certificate holder's admission policy. The admission policy must also designate which staff are authorized to admit and discharge residents.
Subp. 2. Individuals not served by program.
A certificate holder has specific responsibilities when denying admission to individuals for reasons of health, behavior, or criminal activity. The certificate holder must have a policy that includes items A and B.
A. The certificate holder must have a protocol for addressing the needs of individuals in need of emergency medical care not provided by the program and individuals who pose a substantial likelihood of harm to themselves or others, if the behavior is beyond the behavior management capabilities of the program and staff. All denials of admission for these reasons that involve a bona fide medical emergency, as provided under Code of Federal Regulations, title 42, section 2.51, must be referred to a medical facility capable of admitting the individual.
B. All denials of admission that involve the commission of a crime against a license holder's property, as provided under Code of Federal Regulations, title 42, section 2.12(c)(5), must be reported to a law enforcement agency with proper jurisdiction.
Subp. 3. Discharge policies.
A certificate holder must have a written policy that must be followed when a resident is discharged. A client must be discharged by a counselor or the program director. The policy must establish procedures that:
A. are consistent with Minnesota Statutes, section 253B.16, subdivision 2, and that staff must follow when a resident who has been admitted under Minnesota Statutes, chapter 253B, is to be discharged; and
B. staff must follow when a resident leaves against staff or medical advice and when the resident may be dangerous to self or others.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0485 Initial Services Plan
An initial services plan must be completed during or immediately following the intake interview, covering the time between the intake interview and the completion of the treatment plan. It must address immediate health and safety concerns, suggestions for the client during the time between intake and first treatment session, and what issues are to be addressed in the first treatment sessions. If the resident is at least 18 years old, the initial services plan must include an individual abuse prevention plan according to Minnesota Statutes, sections 245A.65, subdivision 2, paragraph (b), and 626.557, subdivision 14, paragraph (b).
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 32 SR 2268
Minn. R. 2960.0490 Individual Treatment Plan
Subpart 1. Treatment plan required.
The certificate holder must meet the treatment plan requirements of subparts 2 and 3. These treatment plan requirements may be substituted for the requirements of part 2960.0180, subpart 2, item B, if chemical dependency is the only certificate the license holder has been issued. The individual treatment plan may be a continuation of the initial services plan required in part 2960.0485.
Subp. 2. Plan must reflect resident's current condition.
An individual treatment plan for a resident in a certified chemical dependency program must continually evolve based on new information gathered about the resident's condition and whether planned treatment interventions have had the intended effect. The plan must provide for the involvement of the resident's family at the earliest opportunity consistent with the resident's treatment needs. The plan begins on completion of the comprehensive assessment and is subject to amendment until the resident is discharged.
The resident must have an opportunity to have active, direct involvement in selecting the anticipated outcomes of the treatment process and in developing the individual treatment plan. The individual treatment plan must be signed by the resident and a licensed alcohol and drug counselor, and the participation of others must be noted in the plan. The individual treatment plan and documentation related to it must be kept at the facility in the resident's case file and also sent to other professionals as indicated within designated time lines.
Subp. 2a. Plan format.
An individual treatment plan must be recorded in the six dimensions listed below:
A. acute intoxication and withdrawal potential;
B. biomedical conditions and complications;
C. emotional, behavioral, and cognitive conditions and complications;
D. readiness to change;
E. relapse, continued use, and continued problem potential; and
F. recovery environment.
Subp. 3. Plan contents.
An individual treatment plan must include:
A. resources to which the resident is being referred for problems to be addressed concurrently outside the program and why the referral was made;
B. treatment goals in each of the dimensions listed in subpart 2a in which a problem has been identified;
C. specific objectives to be used to address the problems in item B, including frequency of intervention, and expected outcomes for each goal. The certificate holder must tell the resident about the objectives in the resident's individual treatment plan in a language that the resident understands. The certificate holder must consider the resident's cultural background and other strengths and assets when determining the resident's objectives. The resident's objectives must be stated in the treatment plan and must be individualized, time limited, and measurable;
D. specific intervals at which resident progress must be reviewed;
E. minimum outcomes that are to be met before the resident is discharged; and
F. an initial risk description in each dimension, according to part 9530.6622.
Subp. 4. Progress notes.
Progress notes must be entered in a resident's file at least daily and must indicate the type and amount of each service the resident has received weekly and whether the services have had the desired impact. All entries in resident records must be legible, signed by staff, with title indicated, and dated.
Subp. 5. Plan reviews.
The individual treatment plan must be reviewed by an alcohol and drug counselor at the intervals identified in subpart 3, item D, and no less frequently than every two weeks, and the specific services changed if expected goals are not being achieved. Plan reviews must be recorded in the six dimensions listed in subpart 2a and include, for each dimension, a narrative and a risk description according to part 9530.6622. A resident must be notified of the right to access a plan review.
Subp. 5a. Combined plan reviews and progress notes.
Progress notes may be considered plan reviews if they meet the requirements of subparts 4 and 5.
Subp. 6. Client records.
Client records must be maintained and information released from them only according to Code of Federal Regulations, title 42, subchapter A, sections 2.1 and 2.2.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0500 Transitional Services Certification
Subpart 1. Purpose.
This part establishes the minimum standards that a transitional services program must meet to qualify for certification. A transitional services program provides congregate, scattered site, or cooperative housing for residents considered to be targeted youth.
Subp. 2. Applicability.
This part governs a license holder who provides transitional services to residents.
Subp. 3. License requirements.
A program certified under this part must meet the requirements of parts 2960.0010 to 2960.0120, except as noted in subpart 4.
Subp. 4. Exemptions.
A transitional services program is exempt from the requirements of parts 2960.0070, subparts 4 and 5; 2960.0080, subparts 3, 4, items C to E, 5, 6, 8 to 13, and 15; 2960.0090, subpart 3; 2960.0120, subpart 2, items A, C, and G; and 2960.0130 to 2960.0220.
Subp. 5. Description.
A transitional services program serves residents 16 to 21 years old according to the resident's independent living plan. Transitional services program services include housing, independent living skills training, and related supportive services. A transitional services program is designed to prepare a resident to live independently or reintegrate to a community setting following a stay in transitional housing. A resident may be housed in a community setting that includes individual or shared apartments, rental rooms, or other rental housing or in a congregate living program.
Subp. 6. Statement of program outcomes.
The license holder must have written policies that identify program outcomes and promote the resident's development of independent living skills. The program services offered by the license holder must support the resident's reintegration into the community and be consistent with the resident's independent living plan.
Subp. 7. Outcome measures.
The license holder must measure, at least quarterly, the outcomes of services provided to the resident by the license holder that were intended to promote the resident's development of independent living skills. The license holder must document the measurement of outcomes. The documentation must note:
A. whether the provided services promoted the development of independent living skills;
B. the extent to which the resident has developed independent living skills; and
C. the license holder's success in achievement of the program outcomes identified according to subpart 6. The commissioner of human services may require the license holder to measure specific factors related to the outcomes identified in subpart 6, and gather demographic information on residents.
Subp. 8. Program effectiveness.
The license holder must monitor and annually evaluate the effectiveness of the facility's programs. The license holder must evaluate resident satisfaction with individual program services. The license holder must use the information gathered from the evaluations and program monitoring as a guide to improve program services.
Subp. 9. Community involvement.
The facility must have a board of directors or advisory committee that represents the interests, concerns, and needs of the residents and community served by the facility. The license holder must meet the requirements of subparts 6 to 9 instead of the requirements of part 2960.0060.
Subp. 10. Admission.
The license holder may admit persons to a transitional services program who are eligible for admission and meet the criteria in this subpart. The license holder must determine whether a resident meets the criteria in item A, B, or C, and part 2960.0070, subpart 2, prior to admission. The license holder must determine that:
A. the resident must be leaving out-of-home placement, homeless, or at risk of homelessness;
B. the resident must be employed or seeking employment or enrolled in an academic or vocational program; and
C. youth who have the following behaviors will not be admitted to the program:
Subp. 11. Criteria for termination of services.
The license holder, in conjunction with the resident, shall establish a service termination plan for the resident that specifies how services will be terminated and the actions to be performed by the involved agencies, including necessary referrals for other ongoing services.
Subp. 12. Supervision standards.
The license holder must provide supervision according to items A to C.
A. For a resident living in congregate or cooperative housing arrangements, the license holder must provide at least 12 hours of on-site supervision during weekday evening and early morning hours, to be increased to 16 hours of supervision on weekends.
B. For a resident served by the transitional services program, the license holder must designate an on-call staff person who must be at least available by telephone or pager to respond to requests for assistance from a resident during hours when a staff person is not on site. A resident must be seen by a staff person at least three times per week. Each site where a resident resides must be visited by a staff person at least three times per week.
C. The license holder must develop a supervision plan that is based on the youth served and approved by the licensing agency. Depending upon the assessment of the youth served by the program, the commissioner of human services may require the license holder to provide 24-hour supervision of residents.
Subp. 13. Services required.
The license holder must provide the services or adequate access to the services in this subpart. The following services must be consistent with the resident's independent living plan:
A. counseling services, to help individual residents and their families;
B. job services, to help residents prepare for or secure employment;
C. living skills training, to help a resident prepare for independent living;
D. education services, to assist a resident to enroll in academic programs if the resident is not currently enrolled in a program; and
E. related supportive services such as assistance in locating housing, budgeting, meal preparation, or other services, to meet the needs of the resident and improve the resident's ability to live independently.
Subp. 14. Custodial minor parent programs.
In addition to the services in subpart 13, the following services or access to the following services must be available from the license holder for custodial parents:
A. training in child development and parenting skills; and
B. child care services or access to child care services when custodial parents are in school, at work, or otherwise unable to care for their children.
Subp. 15. Residence.
The place of residence provided to a resident by the license holder must meet the needs of residents, including residents with disabilities.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2003 1Sp14 art 11 s 11
Minn. R. 2960.0510 Purpose and Applicability
Subpart 1. Purpose.
Parts 2960.0510 to 2960.0530 establish additional minimum standards that a facility providing shelter care services must meet to qualify for certification.
Subp. 2. Applicability.
Parts 2960.0510 to 2960.0530 apply to a unit of government, individual, corporation, limited liability corporation, partnership, voluntary association, other organization, entity, or controlling individual that operates a facility that provides shelter care services to a resident on a 24-hour-a-day basis. Parts 2960.0510 to 2960.0530 do not apply to foster care settings licensed according to parts 2960.3000 to 2960.3340.
Subp. 3. License requirements.
Programs certified under this part must meet the requirements of parts 2960.0010 to 2960.0120.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0520 Services
Subpart 1. General requirements.
A facility that is certified to provide shelter services must meet the requirements of parts 2960.0010 to 2960.0120.
Subp. 2. Shelter programs.
A shelter program must offer the additional services in items A to C.
A. Instead of the requirements in part 2960.0070, subpart 5, the license holder must:
B. Instead of the requirements in part 2960.0070, subpart 5, item A, subitem (1), the license holder must, within 24 hours of admitting a resident to shelter services, arrange for a qualified professional according to this item to conduct a basic health screening to determine if a resident needs a physical or dental examination by a medically licensed person. If the need for an examination is determined, the license holder must notify the resident's case manager of the need to make an appointment with a medically licensed person to complete the required examination and document notification of the case manager. A qualified professional is:
C. If a resident remains in a shelter for more than ten days, the license holder must follow the discharge requirements of part 2960.0190, subparts 1, item A; and 2, and must note the name and address of the party the resident was released to following discharge.
Subp. 3. Plan for immediate needs.
Within 24 hours of admitting a resident, the license holder must develop a plan for meeting the resident's immediate needs. The plan for meeting the immediate needs of a resident in this subpart may be used in lieu of the individual treatment plan. The plan must:
A. identify what is immediately needed to help stabilize or ameliorate the resident's situation, behavior, or condition based on the assessment in subpart 2;
B. specify short-term objectives and methods for meeting the needs identified in item A; and
C. indicate the license holder's responsibilities for meeting the resident's needs identified by the placing agency.
Subp. 4. Shelter staffing pattern and minimum staff to resident ratio.
Shelter services programs must meet the requirements of this subpart.
A. During normal waking hours, when residents are present, a program certified to provide shelter services to residents must not have a ratio of staff who provide care services to residents less than the requirements of subitems (1) to (4):
B. During normal sleeping hours, a program certified to provide shelter services to residents must maintain a ratio of staff who provide care services to residents which is not less than the requirements of subitems (1) and (2):
C. The license holder must not assign staff in a manner that invades the privacy of residents or embarrasses or diminishes the dignity of residents. The license holder may assign medically licensed staff and purchase the services of persons who are medically licensed to care for or treat residents of the opposite sex.
Subp. 5. Criteria for emergency use of restrictive procedures.
Shelter facilities that want to use restrictive procedures may use restrictive procedures according to the program's statement of intended use if the license holder is certified to use restrictive procedures according to part 2960.0710.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0530 Limitations on Length of Stay
Subpart 1. 90-day limit.
A program providing shelter must not retain a resident longer than 90 days. The license holder must apply for a variance to retain a resident in a shelter beyond 90 days.
Subp. 2. 30-day review.
If a resident remains in a shelter program for more than 30 days, the license holder must review the need for the resident to remain in a shelter program and consider alternative placement plans. The written summary of the review of the resident's need to remain in a shelter beyond 30 days must be placed in the resident's file and a copy sent to the placing agency.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0540 Purpose and Applicability
Subpart 1. Purpose.
Parts 2960.0540 to 2960.0570 establish program certification requirements that govern facilities providing correctional program services to residents in licensed facilities.
Subp. 2. Applicability.
Parts 2960.0540 to 2960.0570 apply to a licensed facility providing correctional program services.
Subp. 3. License requirements.
Programs certified under parts 2960.0540 to 2960.0570 must meet the requirements of parts 2960.0010 to 2960.0120 and be licensed as either a group residential setting according to parts 2960.0130 to 2960.0220 or a family foster setting according to parts 2960.3000 to 2960.3230.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0550 Program Certification Approval
Subpart 1. Certification authority.
Correctional program services must be approved and certified by the Department of Corrections.
Subp. 2. Certification applicability.
Group residential settings and family foster settings may be certified to provide correctional program services according to parts 2960.0540 to 2960.0570.
Subp. 3. Program certification approval.
A license holder who wishes to be certified to offer correctional program services must apply for certification to the certifying authority on forms approved by the certifying authority. The certifying authority must decide whether to approve the license holder's application for certification based on the information provided on the completed application and on an inspection of the program and facts gathered by the certifying authority. The certification document must state how long the program will care for residents in the program and describe the program content and types and amounts of services offered to residents.
Subp. 4. Minimum criteria for certification.
The certificate holder must meet the requirements of items A to D.
A. The license holder must identify specific, measurable outcomes that indicate that the license holder will meet the needs of the target population served by the facility's program. The measurable outcomes must be directly related to the program objectives stated in the license holder's correctional program services certification application.
B. The certification applicants must offer at least the services in subitems (1) to (4) in their correctional services program:
C. The license holder must notify the placement agency that the license holder cannot meet the resident's needs if the license holder's program of correctional program services inadequately addresses the resident's needs that were identified through screening or assessment. The license holder must document notification of the placement agency and the action taken by the placement agency in response to notification from the license holder.
D. The license holder must implement a plan that provides opportunities for physical exercise and recreational activities for residents. The plan must include at least the following requirements:
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0560 Personnel Standards
Subpart 1. Staffing plan approval.
In addition to the staffing plan approval criteria in parts 2960.0100 and 2960.0150, subpart 3, the certifying authority must use the criteria in items A and B to approve a correctional program services staffing plan.
A. A facility having 25 or more residents must have at least one staff person designated to develop, implement, and coordinate recreational programs for the residents. The person designated to develop, implement, and coordinate the recreational programs must have the training or experience needed to perform the duties of the position.
B. In coeducational or female-only programs, female resident housing units must, at a minimum, have one female staff person on duty during night time hours. The license holder must exceed the minimum staff-to-resident ratio if necessary to meet this requirement.
Subp. 2. Staff qualifications.
In addition to the requirements of parts 2960.0100 and 2960.0150, the license holder must designate an individual as:
A. the administrator, who must have at least a bachelor's degree in the behavioral sciences, public administration, or a related field. The administrator must be responsible for ongoing operation of the facility, and maintenance and upkeep of the facility; and
B. a program director, who must have the qualifications in subitems (1) and (2):
Subp. 3. Supervision of treatment.
The program director must:
A. supervise the development of each resident's individual treatment plan;
B. be involved in the resident's treatment planning process and sign the resident's individual treatment plan;
C. supervise the implementation of the individual treatment plan and the ongoing documentation and evaluation of each resident's progress; and
D. document on a biweekly basis a review of all the program services provided for the resident in the preceding week.
Subp. 4. Initial staff orientation training.
A. A staff person who provides correctional program services must complete orientation training related to the specific job functions for which the staff person was hired and the needs of the residents the person is serving. During the first 45 calendar days of employment, and before assuming sole responsibility for care of residents, staff who provide correctional program services must complete training in the topics in subitems (1) to (7):
B. A staff person may not participate in the use of restrictive procedures with a resident before completing approved training according to item A, subitem (4).
Subp. 5. Individual staff development and evaluation plan.
The license holder must ensure that an annual individual staff development and evaluation plan is developed and implemented for each person who provides, supervises, or directly administers correctional program services. The plan must:
A. be developed within 90 days after the person begins employment and at least annually thereafter;
B. meet the staff development needs specified in the person's annual employee evaluation; and
C. ensure that an employee who provides, supervises, or directly administers program services has sufficient training to be competent to deliver the correctional services assigned to the employee.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0570 Facility Operational Policies and Procedures
Subpart 1. Using restrictive procedures, strip searches, and resident-assisted searches.
A. Facilities licensed by the commissioner of corrections that want to use restrictive procedures may use restrictive procedures according to the program's statement of intended use if the license holder is certified to use restrictive procedures according to parts 2960.0710 to 2960.0750.
B. Each strip search must be conducted according to part 2960.0240, subpart 6; and Minnesota Statutes, section 241.0215, subdivision 3. Internal body searches of the anus or genitalia are prohibited.
C. Before a staff member may conduct a strip search or resident-assisted search, the staff member must receive training on trauma-informed techniques according to part 2960.0240, subpart 5.
Subp. 2. Critical incidents.
The certification holder must report critical incidents and the disposition of the critical incidents to the Department of Corrections. Critical incidents that involve or endanger the lives or safety of facility staff or residents must be reported in writing to the certifying authority within ten days on forms approved by the certifying authority.
Subp. 3. Security policies and procedures.
The license holder must have security policies and procedures that include the topics in items A to K:
A. control and recovery of contraband;
B. delivery and service procedure;
C. prohibition of firearms and other weapons in resident areas;
D. search procedures, including strip searches and resident-assisted searches;
E. escort of residents outside security area;
F. when residents are not under direct supervision, conducting well-being checks at least once every 30 minutes, as direct supervision and well-being checks are defined under part 2960.0720, subpart 3;
G. lock and key procedures;
H. inspection of physical plant procedures;
I. count procedures;
J. weapons, tools, equipment, medications, and hazardous substances; and
K. use of chemical irritants.
Subp. 4. Information reporting required.
The license holder must report information and statistics about program services, outcomes, and data about residents in the license holder's facility to the commissioner of corrections according to Minnesota Statutes, section 241.021, subdivision 1, paragraph (a).
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0580 Purpose
Subpart 1. Purpose.
Parts 2960.0580 to 2960.0700 establish the minimum standards that a residential treatment program serving a resident with severe emotional disturbance must meet to qualify for certification. Parts 2960.0580 to 2960.0700 also implement and must be read in conjunction with Minnesota Statutes, sections 245.487 to 245.4889.
Subp. 2. Applicability.
Parts 2960.0580 to 2960.0700 govern license holders who provide residential mental health services to children with severe emotional disturbance.
Subp. 3. Outcomes.
Compliance with the standards and requirements in parts 2960.0580 to 2960.0700 requires that services:
A. are provided as specified in an individual treatment plan based on the clinical needs of the resident;
B. are developed with assistance from the resident's family or legal representative in deciding what services are needed and how they are provided;
C. support the resident in gaining the skills necessary to return to the community;
D. support the family in gaining the skills necessary to care for the returning resident;
E. are provided by qualified people under the clinical supervision of a mental health professional; and
F. meet the quality of services criteria in Minnesota Statutes, section 245.4876, subdivision 1, that are applicable to residential treatment providers.
Subp. 4. License requirements.
A program certified under parts 2960.0580 to 2960.0700 must meet the requirements of parts 2960.0010 to 2960.0120 and be licensed as a group residential setting according to parts 2960.0130 to 2960.0220.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2003 1Sp14 art 11 s 11; L 2007 c 147 art 8 s 38
Minn. R. 2960.0590 Program and Service Standards
An applicant or license holder must offer services scheduled at accessible times that are appropriate to the resident's age or level of functioning to support achieving the goals and outcomes in the resident's treatment plan. The license holder must offer the services and achieve the outcomes in items A to I.
A. The license holder must offer individual and group psychotherapy that is designed to achieve the outcomes and meet the specific requirements of the resident's individual treatment plan and, when possible, help the resident reintegrate into the resident's family, the community, and a less restrictive setting than residential treatment. The person providing individual and group psychotherapy must, at a minimum, qualify as a mental health practitioner who is supervised by a mental health professional.
B. The license holder must offer crisis assistance services designed to help the resident and family members recognize factors that precipitate a psychiatric crisis, anticipate behaviors and symptoms, and know the resources to use when crisis is imminent or occurs. The person providing crisis assistance services must, at a minimum, qualify as a mental health practitioner and must be supervised by a mental health professional.
C. The license holder must offer medication education designed to have the resident and family understand:
D. The license holder must offer instruction in independent living skills designed to strengthen a resident's ability to function in a less restrictive environment than a residential treatment center. The services must support the resident in carrying out the tasks of daily living, encourage the development of self-esteem, and promote self-sufficiency. The person providing independent living skills services must either qualify as a mental health practitioner or as a staff person with direct contact who is supervised by a mental health practitioner.
E. The license holder must offer recreation, leisure, and play activities designed to achieve the outcomes in subitems (1) and (2):
F. The license holder must offer social and interpersonal skills development designed to achieve the outcomes in subitems (1) and (2):
G. The license holder must offer vocational skills development services designed to prepare the resident for the world of work by exploring the importance of such areas as use of time, acting responsibly, and working within the goal of an organization. The person providing these services must, at a minimum, qualify as a mental health practitioner or must be a staff person with direct contact supervised by a mental health practitioner. The license holder may make vocational skills development services available to the resident through the school district either on the facility campus or at a site provided by the school district.
H. The license holder must offer assistance in parenting skills designed to achieve the outcome of parents using therapeutic parenting techniques that address management of specific behaviors or learning issues directly related to or resulting from the resident's emotional disturbance. The person providing parenting skills services must be supervised by a mental health practitioner.
I. The license holder must offer family support services designed to achieve the outcomes in subitems (1) to (3):
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0600 Developing and Reviewing Individual Treatment Plan
Within ten working days of admitting a resident, the license holder must develop an individual treatment plan that supports achieving the outcomes in items A and B.
A. The development and content of the plan are consistent with the requirements in Minnesota Statutes, sections 245.4871, subdivision 21, and 245.4876, subdivision 3.
B. The plan is based on the diagnostic and functional assessments required in Minnesota Statutes, section 245.4885, subdivision 1, and reflects the resident's age or level of development and any other assessments completed by the license holder or provided by other agencies such as the county, a mental health center or other community agency, and the Minnesota state Departments of Health; Human Services; Education; and Corrections.
C. If the resident is placed in a locked setting for mental health treatment, the resident must be screened according to Minnesota Statutes, section 245.4885, and have a diagnostic assessment according to Minnesota Statutes, section 245.4876, subdivision 2.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0610 Discharge Planning
At least ten days before discharge, the treatment team must develop a discharge plan consistent with Minnesota Statutes, section 245.4882, subdivisions 3 and 4. For residents who are from a cultural minority group, the plan must be developed with advice from a special mental health consultant or multicultural adviser.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0620 Use of Psychotropic Medications
Subpart 1. Conditions for use of psychotropic medications.
When psychotropic medications are administered to a resident in a facility certified under parts 2960.0580 to 2960.0700, the license holder is responsible for ensuring that the conditions in items A to C are met.
A. Use of the medication must be included in the resident's individual treatment plan and is based on the prescribing physician's diagnosis and the diagnostic and functional assessments defined in Minnesota Statutes, section 245.4871.
B. The license holder must document subitems (1) and (2) in the resident's individual treatment plan:
C. Psychotropic medication must not be administered as punishment, for staff convenience, as a substitute for a behavioral or therapeutic program, or in quantities that interfere with learning or other goals of the individual treatment plan.
Subp. 2. Monitoring side effects.
The license holder must monitor for side effects if a resident is prescribed a psychotropic medication and must have the prescribing physician or a pharmacist list possible side effects. The license holder, under the direction of a medically licensed person, must document and check for side effects at least weekly for the first six weeks after a resident begins taking a new psychotropic medication or a significantly increased or decreased dose of a currently used psychotropic medication, and at least quarterly thereafter. Minor increases or decreases in the dose of a currently used psychotropic medication need not be monitored as frequently as a new medication or a significant increase or decrease of a currently used psychotropic medication. In addition to appropriate physical or laboratory assessments as determined by the medically licensed person, standardized checklists or rating scales, or scales developed for a specific drug or drug class, must be used as monitoring tools. The license holder must provide the assessments to the medically licensed person for review.
Subp. 3. Monitoring for tardive dyskinesia.
The license holder, under the direction of a medically licensed person, must monitor for tardive dyskinesia at least every three months if a resident is prescribed antipsychotic medication or amoxapine and must document the monitoring. A resident prescribed antipsychotic medication or amoxapine for more than 90 days must be checked for tardive dyskinesia at least 30 and 60 days after discontinuation of the antipsychotic medication or amoxapine. Monitoring must include use of a standardized rating scale and examination procedure. The license holder must provide the assessments to the physician for review if the results meet criteria that require physician review.
Subp. 4. Training required to administer psychotropic medications.
An employee other than a medically licensed person who is responsible for medication assistance must provide a certificate verifying successful completion of a trained medication aide program for unlicensed personnel. The program must be offered through a postsecondary institution or the medication aide must be trained according to a formalized training program offered by the license holder that must be taught and supervised by a medically licensed person to provide medication assistance. The specific medication administration training provided by a medically licensed person to unlicensed personnel must be documented and placed in the unlicensed employee's personnel records. A medically licensed person must provide consultation and review of the license holder's administration of medications at least weekly. The consultation must review the license holder's compliance with subparts 5 and 6.
Subp. 5. Psychotropic medication review.
If a resident is prescribed a psychotropic medication, the license holder must conduct and document a psychotropic medication review as frequently as required by the physician, but at least monthly for the first six months and at least quarterly thereafter. The license holder must consider and document items A to D at the quarterly review and provide the information to the physician for review:
A. targeted symptoms and behaviors of concern;
B. data collected since the last review;
C. side effects observed and actions taken; and
D. status of the resident's goals in the individual treatment plan.
Subp. 6. Informed consent.
The license holder must obtain informed consent before any nonemergency administration of psychotropic medication. To the extent possible, the resident must be informed and involved in the decision making.
A. Informed consent is required either orally or in writing before the nonemergency administration of psychotropic medication, except that for antipsychotic or neuroleptic medication, informed consent must be in writing. If oral informed consent is obtained for a nonantipsychotic medication, subitems (1) to (4) must be followed:
B. Informed consent for any psychotropic medication must be renewed in writing at least yearly.
C. Informed consent must be obtained from an individual authorized to give consent. An individual authorized to give consent is specified in subitems (1) to (4).
D. Informed consent is not necessary in an emergency situation where the physician determines that the psychotropic medication is needed to prevent serious and immediate physical harm to the individual or others. In the event of the emergency use of psychotropic medication, the license holder must:
E. Informed consent must be obtained by the license holder within 30 days to continue the use of psychotropic medication for a resident admitted with prescribed psychotropic medication.
Subp. 7. Information communicated in obtaining consent.
The information in this subpart must be provided both orally and in writing in nontechnical language to the resident's parent, the resident's legal representative, and, to the extent possible, the resident. The information must include:
A. the diagnosis and level of severity of the symptoms and behaviors for which the psychotropic medication is prescribed;
B. the expected benefits of the medication, including the level to which the medication is to change the symptoms and behavior and an indication of the method used to determine the expected benefits;
C. the pharmacological and nonpharmacological treatment options available and the course of the condition with and without the treatment options;
D. specific information about the psychotropic medication to be used, including the generic and commonly known brand name, the route of administration, the estimated duration of therapy, and the proposed dose with the possible dosage range or maximum dose;
E. the more frequent and less frequent or rare but serious risks and side effects of the psychotropic medication, including how the risks and possible side effects must be managed;
F. an explanation that consent may be refused or withdrawn at any time and that the consent is time-limited and automatically expires as described in subpart 6; and
G. the names, addresses, and telephone numbers of appropriate professionals to contact if questions or concerns arise.
Subp. 8. Refusal of routine administration of psychotropic medication.
If the authorized person refuses consent for a routine administration of psychotropic medication, the conditions in items A to C apply.
A. The psychotropic medication must not be administered or, if the refusal involves a renewal of consent, the psychotropic medication for which consent had previously been given must be discontinued according to a written plan as expediently as possible, taking into account withdrawal side effects.
B. A court order must be obtained to override the refusal.
C. Refusal to consent to use of a specific psychotropic medication is not grounds for discharge of a resident. A decision to discharge a resident must be reached only after the alternatives to the specific psychotropic medication have been attempted and only after an administrative review of the proposed discharge has occurred. If the refusal to consent to the routine administration of a psychotropic medication results in an emergency situation, then the requirements of subpart 6, item D, must be met when psychotropic medication will be administered to a resident.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0630 Clinical Supervision by Mental Health Professional
Subpart 1. Mental health professional consultation.
The license holder must ensure that the residential program employs or contracts with a mental health professional to provide consultation relating to the planning, development, implementation, and evaluation of program services.
Subp. 2. Supervision of staff.
A mental health professional must provide at least weekly face-to-face clinical supervision to staff providing program services to a resident. The mental health professional:
A. must provide clinical supervision of staff either individually or as a group;
B. must document the clinical supervision of staff;
C. must advise the facility director about the planning, development, and implementation of staff development and evaluation; and
D. may provide consultation instead of clinical supervision to other mental health professionals under contract or employed by the license holder to provide program services to a resident.
Subp. 3. Supervision of treatment.
A mental health professional must:
A. supervise the diagnostic assessment of each resident in the facility and the development of each resident's individual treatment plan;
B. document involvement in the treatment planning process by signing the individual treatment plan;
C. supervise the implementation of the individual treatment plan and the ongoing documentation and evaluation of each resident's progress, including the quarterly progress review; and
D. document on a biweekly basis a review of all the program services provided for the resident in the preceding weeks. The license holder must ensure that the mental health professional can be reached for consultation about a mental health emergency, at least by telephone, within 30 minutes.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0640 Staff Qualifications
Subpart 1. General qualifications.
The general staff qualifications of parts 2960.0100 and 2960.0150 apply to the staff described in this part.
Subp. 2. Administrator.
The license holder must designate an individual as administrator. The administrator must have at least a bachelor's degree in the behavioral sciences, health administration, public administration, or a related field such as special education or education administration. The administrator must be responsible for the ongoing operation of the facility and maintenance and upkeep of the facility.
Subp. 3. Program director.
The license holder must designate an individual as program director. The license holder must have at least one program director for every 50 residents receiving program services. The positions of program director and administrator may be filled by the same person if the person meets the qualifications in items A and B. The program director must have the qualifications in items A and B:
A. a master's degree in the behavioral sciences or a related field with at least two years of work experience providing services to residents with severe emotional disturbance or have a bachelor's degree in the behavioral sciences or a related field with a minimum of four years of work experience providing services to residents with severe emotional disturbance; and
B. one year of experience or training in program administration and supervision of staff.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0650 Staff Orientation
Subpart 1. Initial orientation training for staff who provide program services.
A staff person who provides program services must complete orientation training related to the specific job functions for which the person was hired and that meets the needs of the residents the person is serving. During the first 45 calendar days of employment, and before assuming sole responsibility for the care of residents, staff who provide program services must complete training in:
A. the Maltreatment of Minors Act, Minnesota Statutes, chapter 260E, and the license holder's policies and procedures related to this statute;
B. residents' rights;
C. emergency procedures;
D. policies and procedures concerning approved physical holding and seclusion techniques, de-escalation techniques, and physical and nonphysical intervention techniques;
E. rules of conduct and policies and procedures related to discipline of residents served;
F. psychiatric emergencies and crisis services; and
G. problems and needs of residents with severe emotional disturbance and their families. A staff person must not participate in the use of physical holding, seclusion, or other restrictive procedures with a resident before completing approved training according to item D.
Subp. 2. Orientation training for staff who do not provide program services.
Facility staff who do not provide program services must receive orientation training according to subpart 1, items A to C and G.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0660 Individual Staff Development
Subpart 1. Individual staff development and evaluation plan.
The license holder must ensure than an annual individual staff development and evaluation plan is developed and implemented for each person who provides, supervises, or directly administers program services. The plan must:
A. be developed within 90 days after the person begins employment, and at least annually thereafter;
B. meet the staff development needs specified in the person's annual employee evaluation; and
C. address training relevant to specific age, developmental, cultural, and mental health needs of the residents the person serves.
Subp. 2. Amount of annual training.
The license holder must ensure that staff who provide, supervise, or directly administer program services have sufficient training to be competent to deliver the mental health services assigned to the staff person.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0670 Admission
Subpart 1. Admission requirements.
The admission of a resident for residential mental health treatment must meet the requirements of parts 2960.0070 and 2960.0160 and the conditions of subpart 2.
Subp. 2. Conditions governing admission.
A license holder may admit a resident only if the resident meets the conditions in items A to G.
A. The person must meet the age requirements of a resident as defined in part 2960.0020, subpart 59, at the time of admission.
B. If public funds are used to pay for the services, the resident must be screened by the referring county before admission, as required by Minnesota Statutes, section 245.4885, subdivision 1.
C. If public funds are not used to pay for the services, the resident must be screened by a mental health professional using a screening process that is equivalent to that required by Minnesota Statutes, section 245.4885, subdivision 1, before admission.
D. The prior-to-admission screening in item B or C must determine that the residential treatment proposed is necessary and appropriate for the resident's treatment needs, provides a length of stay as short as possible consistent with the resident's need for treatment, and could not be effectively provided in the resident's home.
E. The resident must not be in need of chemical dependency treatment or detoxification at the time of admission, unless the license holder is certified to provide chemical dependency treatment under parts 2960.0430 to 2960.0490 or licensed to provide detoxification services.
F. The developmental and mental health needs of the resident can be met by the license holder's program.
G. The license holder must ensure that residents admitted on an emergency basis, or for the purpose of short-term assessment, diagnosis, and evaluation, must complete the screening required by Minnesota Statutes, section 245.4885, subdivision 1, and have a preliminary diagnosis and treatment plan established within ten working days as required in part 2960.0600. In addition to determining a resident's basic needs, programs that offer mental health diagnostic and evaluation services must:
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.0680 Standards Governing Use of Restrictive Procedures
Facilities that provide treatment for children with severe emotional disturbance that want to use restrictive procedures may use restrictive procedures according the program's statement of intended use if the license holder is certified to use restrictive procedures according to part 2960.0710.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0690 Staffing Pattern and Staffing Ratio
Subpart 1. Sufficient staff.
The license holder must provide enough appropriately trained staff to ensure that a resident will have the treatment needs identified in the resident's individual treatment plan met during the resident's stay in the facility. A facility providing treatment in a locked setting according to part 2960.0700 must meet the staff-to-resident ratio of part 2960.0700, subpart 3.
Subp. 2. Awake hours.
During normal waking hours, when residents are present, a facility certified to provide mental health treatment to residents with severe emotional disturbance according to parts 2960.0580 to 2960.0700 must not have a ratio of staff who provide care services to residents of less than:
A. at least one staff person to three residents, if the residents are less than six years old;
B. at least one staff person to four residents, if the residents are six to eight years old;
C. at least one staff person to six residents, if the residents are nine to 11 years old; and
D. at least one staff person to eight residents, if the residents are 12 to 18 years old.
Subp. 3. Sleeping hours.
During normal sleeping hours, a license holder caring for residents younger than nine years old must provide at least one staff person for every seven residents present. During normal sleeping hours, a license holder caring for residents nine years old or older must provide at least one staff person for every 12 residents.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0700 Standards for Treatment in Locked Setting
Subpart 1. Limitations on admissions; treatment in locked setting.
A residential mental health program offering treatment in a locked setting must address the use of a locked setting in its statement of intended use. Before accepting a resident for admission to a locked setting in a residential mental health program, the license holder must meet the criteria in items A and B.
A. The resident's record must include a written statement that a diagnostic assessment conducted according to Minnesota Statutes, section 245.4871, subdivision 11, has established that a persistent pattern of the resident's mental health presents a likely threat of harm to the resident's self or others that would best be treated in a locked setting.
B. The resident has an individual treatment plan that:
Subp. 2. Prohibited placements.
The license holder must not admit a child for treatment in a locked setting as a disposition resulting from adjudication of an offense under the juvenile code without meeting the diagnostic assessment requirements of subpart 1, item A, nor transfer a resident from an unlocked part of a residential facility to a locked part of the same facility solely as a disciplinary measure for violating the rules of conduct of the treatment facility.
Subp. 3. Staff ratio.
During waking hours, the part of the facility providing treatment in a locked setting must provide at least a ratio of one treatment staff person to three residents. The staff-to-resident ratio for treatment in a locked facility does not apply during waking hours when residents are attending school out of that part of the facility. During sleeping hours, the part of the facility providing treatment in a locked setting must provide at least two treatment staff persons to nine residents. At least one of the two treatment staff persons required during sleeping hours must be awake and present in that part of the facility. If the required second staff person is not awake and present in the locked setting, the program must ensure that the second staff person is in the immediate vicinity and may be readily contacted either by telephone, radio, or alarm to come to the immediate assistance of the staff person in the locked part of the facility.
Subp. 4. Additional staff training.
In addition to the training required in part 2960.0660, staff providing treatment in a locked setting must have at least eight hours of additional training annually in subjects that will improve the staff's ability to deal with residents who present a risk of harm to themselves or others.
Subp. 5. Compliance with codes.
A facility must, prior to offering mental health treatment in a locked setting, comply with additional health, fire, or building code requirements that the commissioner of human services, state fire marshal, or Department of Health requires.
Subp. 6. Limitations on use of rooms for seclusion.
The license holder must ensure that the requirements of part 2960.0680 are met if a resident is locked in a room in the part of the facility offering mental health treatment in a locked setting.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.0710 Restrictive Procedures Certification
Subpart 1. Certification required.
A license holder who wishes to use a restrictive procedure with a resident must meet the requirements of this part to be certified to use restrictive procedures with a resident.
Subp. 1a. Department of Corrections; seclusion prohibited.
Facilities licensed by the commissioner of corrections are prohibited from using seclusion as a restrictive procedure.
Subp. 2. Restrictive procedures plan required.
The license holder must have a restrictive procedures plan for residents that is approved by the commissioner of human services or corrections, and the plan must provide at least the following:
A. the plan must list the restrictive procedures, including listing and describing all safety-based separations that may be used, and describe the physical holding techniques that the program will use;
B. how the license holder will monitor and control the emergency use of restrictive procedures;
C. a description of the training that staff who use restrictive procedures must have prior to staff implementing the emergency use of restrictive procedures, which includes at least the following:
D. the license holder must prepare a written review of the use of restrictive procedures in the facility at least annually; and
E. the license holder must ensure that the resident receives treatment for any injury caused by the use of a restrictive procedure.
Subp. 3. Department of Human Services licensed facilities.
License holders who are licensed by the Department of Human Services and certified by the Department of Human Services to provide residential treatment for children with a severe emotional disturbance and children in need of shelter care may seek certification to use one or more of the following restrictive procedures:
A. physical escort;
B. physical holding;
C. seclusion; and
D. the limited use of mechanical restraint only for transporting a resident.
Subp. 4. Department of Corrections-licensed facilities.
License holders that are licensed by the commissioner of corrections may seek certification to use one or more of the following restrictive procedures:
A. physical escort;
B. physical holding;
C. mechanical restraints; and
D. safety-based separation.
Subp. 5. Physical escort requirements.
The physical escort of a resident is intended to be a behavior management technique that is minimally intrusive to the resident. It is to be used to control a resident who is being guided to a place where the resident will be safe and to help de-escalate interactions between the resident and others. A license holder who uses physical escort with a resident must meet the following requirements:
A. staff must be trained according to subpart 2, item C;
B. staff must document the use of physical escort and note the technique used, the time of day, and the name of the staff person and resident involved; and
C. the use of physical escort must be consistent with the resident's case plan or treatment plan.
Subp. 6. Use of physical holding or seclusion.
Physical holding and seclusion are behavior management techniques which are used in emergency situations as a response to imminent danger to the resident or others and when less restrictive interventions are determined to be ineffective. The emergency use of physical holding or seclusion must meet the conditions of items A to M:
A. an immediate intervention is necessary to protect the resident or others from physical harm;
B. the physical holding or seclusion used is the least intrusive intervention that will effectively react to the emergency;
C. the use of physical holding or seclusion must end when the threat of harm ends;
D. the resident must be constantly and directly observed by staff during the use of physical holding or seclusion;
E. the use of physical holding or seclusion must be used under the supervision of a mental health professional or the facility's program director;
F. physical holding and seclusion may be used only as permitted in the resident's treatment plan;
G. staff must contact the mental health professional or facility's program director to inform the program director about the use of physical holding or seclusion and to ask for permission to use physical holding or seclusion as soon as it may safely be done, but no later than 30 minutes after initiating the use of physical holding or seclusion;
H. before staff uses physical holding or seclusion with a resident, staff must complete the training required in subpart 2 regarding the use of physical holding and seclusion at the facility;
I. when the need for the use of physical holding or seclusion ends, the resident must be assessed to determine if the resident can safely be returned to the ongoing activities at the facility;
J. staff must treat the resident respectfully throughout the procedure;
K. the staff person who implemented the emergency use of physical holding or seclusion must document its use immediately after the incident concludes. The documentation must include at least the following information:
L. the room used for seclusion must be well lighted, well ventilated, clean, have an observation window which allows staff to directly monitor a resident in seclusion, fixtures that are tamperproof, with electrical switches located immediately outside the door, and doors that open out and are unlocked or are locked with keyless locks that have immediate release mechanisms; and
M. objects that may be used by a resident to injure the resident's self or others must be removed from the resident and the seclusion room before the resident is placed in seclusion.
Subp. 7. Use of mechanical restraints.
Mechanical restraints are a behavior management device which may be used only when transporting a resident or in an emergency as a response to imminent danger to a resident or others and when less restrictive interventions are determined to be ineffective. A facility that uses mechanical restraints must include mechanical restraints in its restrictive procedures plan. The emergency use of mechanical restraints must meet the conditions of items A to J:
A. an immediate intervention is necessary to protect the resident or others from physical harm;
B. the mechanical restraint used is the least intrusive intervention that will effectively react to the emergency;
C. the use of mechanical restraint must end when the threat of harm ends;
D. the resident must be constantly and directly observed by staff during the use of mechanical restraint;
E. the use of mechanical restraint must be supervised by the program director or the program director's designee;
F. mechanical restraint may be used only as permitted in the resident's treatment plan;
G. as soon as it may safely be done, but no later than 60 minutes after initiating the use of a mechanical restraint, staff must contact the facility's program director or the program director's designee to inform the program director about the use of a mechanical restraint and to ask for permission to use the mechanical restraint;
H. before staff uses a mechanical restraint with a resident, staff must complete training in the use of the types of mechanical restraints used at the facility;
I. when the need for the use of mechanical restraint ends, the resident must be assessed to determine if the resident can safely be returned to the ongoing activities at the facility; and
J. the staff person who used mechanical restraint must document its use immediately after the incident concludes. The documentation must include at least the following information:
Subp. 8.
[Repealed, 49 SR 499]
Subp. 9. Training for staff using physical holding or seclusion.
In addition to the training in subpart 2, item C, staff who use physical holding or seclusion must have the following training before using physical holding or seclusion with a resident:
A. documentation standards for physical holding and seclusion;
B. thresholds for employing physical holding or seclusion;
C. the physiological and psychological impact of physical holding and seclusion;
D. how to monitor and respond to the resident's physical signs of distress;
E. symptoms and interventions for positional asphyxia; and
F. time limits and procedures for obtaining approval of the use of physical holding and seclusion. Training must be updated at least once every two years.
Subp. 9a. Training for safety-based separation.
Before a staff member may participate in safety-based separation, the staff member must complete training according to part 2960.0720, subpart 9. The training must be documented according to part 2960.0100, subpart 5.
Subp. 10. Administrative review.
The license holder must complete an administrative review of the use of a restrictive procedure within three working days after the use of the restrictive procedure. The administrative review must be conducted by someone other than the person who decided to impose the restrictive procedure, or that person's immediate supervisor. The resident or the resident's representative must have an opportunity to present evidence and argument to the reviewer about why the procedure was unwarranted. The record of the administrative review of the use of a restrictive procedure must state whether:
A. the required documentation was recorded;
B. the restrictive procedure was used in accordance with the treatment plan;
C. the rule standards governing the use of restrictive procedures were met; and
D. the staff who implemented the restrictive procedure were properly trained.
Subp. 11. Review of patterns of use of restrictive procedures.
At least quarterly, the license holder must review the patterns of the use of restrictive procedures. The review must be done by the license holder or the facility's advisory committee. The review must consider:
A. any patterns or problems indicated by similarities in the time of day, day of the week, duration of the use of a procedure, individuals involved, or other factors associated with the use of restrictive procedures;
B. any injuries resulting from the use of restrictive procedures;
C. actions needed to correct deficiencies in the program's implementation of restrictive procedures;
D. an assessment of opportunities missed to avoid the use of restrictive procedures; and
E. proposed actions to be taken to minimize the use of physical holding and seclusion.
History
- Statutory Authority: MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34
- History: 28 SR 211; 49 SR 499
Minn. R. 2960.0720 Safety-Based Separation
Subpart 1. Applicability.
Parts 2960.0720 to 2960.0750 apply to facilities licensed by the commissioner of corrections.
Subp. 2. Purpose.
As prescribed under Minnesota Statutes, section 241.0215, subdivision 4, safety-based separation is appropriate only when needed to ensure the safety of the resident, other residents, or facility staff.
Subp. 3. Definitions.
A. The terms used in parts 2960.0720 to 2960.0750 have the meanings given in this subpart and part 2960.0020.
B. "Awake hours" means hours other than sleeping hours.
C. "Chief administrator" includes the administrator's designee.
D. "Commissioner" means the commissioner of corrections.
E. "Direct supervision" means when a staff member can see a resident and can immediately intervene to protect the resident's health or safety.
F. "Family" includes the resident's family or household members identified under part 2960.0070, subpart 5, item D.
G. "Sleeping hours" means the hours when residents are required to be in their rooms to sleep, as specified by facility policy and procedure.
H. "Well-being check" means when a staff member stops and directly observes a resident in the facility who is not under direct supervision to:
Subp. 4. When used; requirements.
A. All safety-based separations must be:
B. Notwithstanding item A, subitem (2), safety-based separation may be used when:
C. Safety-based separation must:
D. Staff must end safety-based separation and reintegrate a resident into facility operations once staff determine that the resident no longer requires safety-based separation because the resident exhibits stable, calm behavior and can safely engage with other residents and staff.
Subp. 5. Locked or unlocked area.
Safety-based separation may occur in either a locked or unlocked area. A resident who is separated may not leave the locked or unlocked area until the applicable requirements for ending safety-based separation under parts 2960.0720 to 2960.0750 are met.
Subp. 6. Time-out interventions.
A. Staff may use a time-out as a behavioral intervention, not to exceed 30 minutes. If a time-out lasts longer than 30 minutes, the time-out must transition to safety-stabilization period under part 2960.0730.
B. Notwithstanding part 2960.0080, subpart 5, item D, subitem (2), a time-out must be under the direction of the facility's chief administrator.
C. If staff use a time-out for a resident more than three times in 24 hours, the resident's case manager or treatment team must develop a plan to help staff reduce the use of time-outs as a behavioral intervention. The plan must be documented and approved by the facility's chief administrator.
Subp. 7. Resident rights; grievance procedure.
A. Unless a resident poses imminent danger to self or others, nothing under parts 2960.0720 to 2960.0750 restricts the resident's rights under part 2960.0050, subpart 1, and other rights that a resident is entitled to under law.
B. The grievance procedure under part 2960.0080, subpart 18, applies to parts 2960.0720 to 2960.0750.
Subp. 8. When not applicable.
A. Safety-based separation does not include the following situations:
B. When a resident is not participating in daily programming for a reason under item A, subitems (1) and (3), staff must document:
C. When a resident is not participating in daily programming for a reason under item A, subitems (1) and (3), staff must, every 30 minutes:
Subp. 9. Training.
A. All staff who participate in safety-based separation must be trained in:
B. A license holder must develop in their written policies and procedures training requirements on safety-based separation as follows:
Subp. 10. Policy, documentation, and review required.
A. A license holder must develop in their written policies and procedures:
B. Each incident of safety-based separation must be documented, tracked, reviewed, and reported according to parts 2960.0720 to 2960.0750. A license holder or the facility's chief administrator may develop and use forms to comply with the documentation requirements but must make the forms available to Department of Corrections inspectors upon request.
C. After a safety-based separation:
D. All required documentation under parts 2960.0720 to 2960.0750 must be in writing and maintained according to a facility's record retention schedule under part 2960.0180, subpart 3.
E. At least monthly, a facility's chief administrator must review all safety-based separations.
Subp. 11. Notification.
A resident's case manager or treatment team, placing agency, legal guardian, and family must be notified within four hours after each incident of safety-based separation has begun. The notification must be documented.
History
- Statutory Authority: L 2023 c 52 art 11 s 34
- History: 49 SR 499
Minn. R. 2960.0730 Safety-Stabilization Period (ssp)
Subpart 1. When used; definition.
A. Staff must place a resident in SSP when:
B. A resident cannot remain in SSP for more than 24 hours.
C. For purposes of this part, "hours" means awake hours.
Subp. 2. Initial placement in SSP; well-being checks and reintegration.
A. When a resident is placed in SSP, staff must notify a staff supervisor or lead staff member as soon as possible but no later than 30 minutes after placement. Staff must document when SSP began and whether the supervisor or lead staff member was notified.
B. While a resident is in SSP, staff must, every 30 minutes and including sleeping hours, conduct a well-being check and assess the resident for reintegration.
Subp. 3. Documentation.
All documentation must be signed by all staff overseeing SSP, including staff conducting the well-being checks and reintegration assessments, and by all staff whose notification and approval are needed under this part. Staff must document the following information at the following intervals:
A. at one hour in SSP:
B. at two hours and three hours in SSP:
C. each hour, at four hours through 15 hours in SSP:
D. each hour, at 16 hours through 24 hours:
Subp. 4. Notification.
In addition to the initial SSP notification under subpart 2, staff must notify the following individuals at the following intervals:
A. each hour, at four hours through 15 hours in SSP, the staff supervisor or a higher-level supervisor;
B. each hour, at 16 hours through 23 hours, a higher-level supervisor not involved in the resident's behavioral incident that resulted in SSP and the facility's chief administrator; and
C. at 24 hours, the higher-level supervisor; the facility's chief administrator; the resident's case manager or treatment team, placing agency, legal guardian, and family; and, as provided under subpart 6, the commissioner.
Subp. 5. Review and approval.
Except as provided under subpart 8, staff must receive approval to continue a resident's placement in SSP from the following individuals at the following intervals:
A. at one hour in SSP, a staff supervisor or lead staff member not involved in the resident's behavioral incident that resulted in SSP; and
B. each hour, at four hours through 23 hours, a staff supervisor or higher-level supervisor not involved in the resident's behavioral incident that resulted in SSP.
Subp. 6. Notification to commissioner required.
Once a resident has been in SSP for 24 hours:
A. the facility's chief administrator must notify the commissioner according to part 2960.0270, subpart 12;
B. staff must attempt reintegration; and
C. if reintegration is unsuccessful, staff must:
Subp. 7. Evaluation referral.
A resident who has been in SSP for 24 hours must be immediately referred to a mental health professional or, if a mental health professional is unavailable, a medically licensed person. The mental health professional or medically licensed person must determine whether the resident needs additional treatment services.
Subp. 8. Staffing limitations; documentation required.
Staff must document if a facility's staffing limitations do not allow for the review and approval under subpart 5.
Subp. 9. Reporting.
A. Each quarter and annually at the end of the calendar year, a license holder must report to the commissioner the following data:
B. For each SSP incident, staff must document how many hours that a resident spends in a locked space, excluding sleeping hours and when the resident may leave without staff approval. This data must be provided in the facility's quarterly and annual reporting under item A.
History
- Statutory Authority: L 2023 c 52 art 11 s 34
- History: 49 SR 499
Minn. R. 2960.0740 Administrative Separation
Subpart 1. When used.
Administrative separation must be used by staff when a resident:
A. is engaging in behavior that requires law enforcement to determine whether criminal charges or delinquency proceedings should be brought;
B. is participating in gang activity that would threaten the resident, other residents, or facility staff if the resident were not separated;
C. according to the vulnerability assessment under part 2960.0070, subpart 5, item A, is vulnerable on the basis of actions or comments and the vulnerability creates a threat to the resident's safety;
D. on the basis of actions or comments, creates a threat to another resident's safety and requires a different environment better suited to the resident's needs until staff can create a modified treatment plan; or
E. is being chronically disruptive and the disruption:
Subp. 2. Requirements.
A. Before a resident may be placed in administrative separation, the facility's chief administrator must approve the placement. Staff must document daily why administrative separation is necessary and why other behavioral interventions were unavailable or unsuccessful. The documentation must describe:
B. Once a resident is placed in administrative separation, staff must conduct well-being checks every 30 minutes, including during sleeping hours.
C. Within 12 awake hours of a resident being placed in administrative separation, staff must develop an administrative separation plan for the resident. The administrative separation plan must be developed by the resident's case manager or treatment team. The plan must:
D. The administrative separation plan must be documented. Staff and the chief administrator must:
Subp. 3. Notification.
A. A facility's chief administrator must notify the commissioner according to part 2960.0270, subpart 12, if a resident is expected to be, or has been, in administrative separation for more than 48 awake hours.
B. The notification must be within ten days of the resident's placement, or expected placement, in administrative separation for more than 48 awake hours.
C. Every seven calendar days that a resident remains in administrative separation, the facility's chief administrator must notify the commissioner and the resident's case manager or treatment team, placing agency, legal guardian, and family of the following:
D. The facility's chief administrator must document whether they provided the notification under item C.
Subp. 4. Reintegrating the resident into facility operations.
A. When staff determine that the resident's behavior no longer requires safety-based separation and the resident can be reintegrated into facility operations:
B. Within four hours after the resident has been reintegrated into facility operations, the facility's chief administrator must notify the commissioner and the resident's case manager or treatment team, placing agency, legal guardian, and family.
C. The facility's chief administrator must document whether they provided the notification under item B.
Subp. 5. Reporting.
A. For each incident of administrative separation, a facility must document how many hours that a resident spends in a locked or unlocked space, excluding sleeping hours, when the resident cannot leave without staff approval. This data must be provided in the facility's quarterly and annual reporting under item B.
B. Each quarter and annually at the end of the calendar year, a license holder must report to the commissioner the following data:
History
- Statutory Authority: L 2023 c 52 art 11 s 34
- History: 49 SR 499
Minn. R. 2960.0750 Medical Separation
Subpart 1. When used.
A. Medical separation must be used by staff:
B. Medical separation may be used to manage an epidemic or pandemic.
Subp. 2. Requirements.
A. Before a resident may be placed in medical separation, the facility's chief administrator must approve the placement. Medical separation must be overseen by a mental health professional or, if a mental health professional is unavailable, a medically licensed person.
B. Once a resident is placed in medical separation, staff must conduct well-being checks, including during sleeping hours. The well-being checks must be conducted every 15 minutes unless a mental health professional or, if a mental health professional is unavailable, a medically licensed person determines that 30-minute checks would not jeopardize the resident's health or safety.
C. Staff must document daily why medical separation is necessary and describe:
D. Staff, in consultation with a mental health professional or medically licensed person, must develop a medical separation plan for a resident within eight awake hours of a resident being placed in medical separation. The plan must address modifications to the resident's daily programming and resident's treatment plan.
E. The medical separation plan must be documented. Staff, a mental health professional or medically licensed person, and the chief administrator must:
Subp. 3. Notification.
A. A facility's chief administrator must notify the commissioner according to part 2960.0270, subpart 12, if a resident is expected to be, or has been, in medical separation for more than 48 awake hours.
B. The notification must be within ten days of the resident's placement, or expected placement, in medical separation for more than 48 awake hours.
C. Every seven calendar days that a resident remains in medical separation, the facility's chief administrator must notify the commissioner and the resident's case manager or treatment team, placing agency, legal guardian, and family of the following:
D. The facility's chief administrator must document whether they provided the notification under item C.
Subp. 4. Reintegrating the resident into facility operations.
A. When staff determine that the resident's behavior no longer requires safety-based separation and the resident can be reintegrated into facility operations:
B. Within four hours after the resident has been reintegrated into facility operations, the facility's chief administrator must notify the commissioner and the resident's case manager or treatment team, placing agency, legal guardian, and family.
C. The facility's chief administrator must document whether they provided the notification under item B.
Subp. 5. Reporting.
A. For each incident of medical separation, staff must document how many hours that a resident spends in a locked or unlocked space, excluding sleeping hours, when the resident cannot leave without staff approval. This data must be provided in the facility's quarterly and annual reporting under item B.
B. Each quarter and annually at the end of the calendar year, a license holder must report to the commissioner the following data:
History
- Statutory Authority: L 2023 c 52 art 11 s 34
- History: 49 SR 499
Minn. R. 2960.3000 Foster Family Settings
Subpart 1. Purpose and applicability.
Parts 2960.3000 to 2960.3100 establish the minimum standards that a foster family setting must meet to qualify for licensure. Parts 2960.3200 to 2960.3230 contain requirements for foster residence settings. Additional licensing requirements for foster family settings that offer treatment foster care are in parts 2960.3300 to 2960.3340.
Subp. 2. Outcomes.
One of the goals of foster care must be that the foster child will experience a safe and healthy family life. The license holder must also promote the child's development as a physically and mentally healthy person. To accomplish these outcomes, the license holder must:
A. actively participate with the agency placing the child, to implement the case plan and meet the needs of the child; and
B. as much as possible, considering the child's age, the child's needs, and the case plan, include the child in the daily life of the family, including eating meals with the family and participating in recreational activities.
Subp. 3. Community interests.
The license holder must rely on the advice and counsel of the advisory board or board of directors of the licensing agency regarding community interests and the needs of the community served by the foster home. A license holder, who is supervised by a county, may rely on the advice and counsel of the supervising county and its employees regarding community interests and the needs of the clients and community. The requirements of this subpart do not apply to foster homes licensed by the Department of Corrections.
Subp. 4. Statement of intended use.
The license holder must work with the licensing agency to develop a statement of intended use. The statement of intended use must specify:
A. the number of children the foster home is licensed for, the age range of children to be placed in the home, and any limitations affecting the placement of children in the home;
B. whether or not the home will serve as an emergency shelter home, a treatment foster care home, or a home for medically fragile children; and
C. circumstances when the ratio of one adult to five children does not need to be maintained. The statement of intended use must be approved by the licensing agency, but may be modified at any time by agreement between the licensing agency and the license holder to reflect changes that affect the placement of children in the home.
Subp. 5. Program outcomes.
The license holder must cooperate with the licensing agency's attempt to determine the outcomes of a child's foster care placement. The outcome information must be shared with the license holder and incorporated into the evaluation process outlined in part 2960.3100, subpart 1, item G.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
Minn. R. 2960.3010 Definitions
Subpart 1. Scope.
The terms used in parts 2960.3000 to 2960.3340 have the meanings given them in this part.
Subp. 2. Applicant.
"Applicant" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 3, and a person who has completed and signed an application form. Applicant includes a current license holder who is seeking relicensure or recertification.
Subp. 3. Assessment.
"Assessment" means the process used by a qualified person to identify and evaluate the child's strengths, weaknesses, problems, and needs.
Subp. 4. Aversive procedure.
"Aversive procedure" has the meaning given in part 9525.2710, subpart 4.
Subp. 5. Basic services.
"Basic services" means services provided at the foster home to the foster child that meets the foster child's basic need for food, shelter, clothing, medical and dental care, personal cleanliness, privacy, spiritual and religious practice, safety, and adult supervision.
Subp. 6. Caregiver.
"Caregiver" means a person who provides services to a child according to the child's case plan in a setting licensed or certified under parts 2960.0010 to 2960.3340.
Subp. 7. Case manager.
"Case manager" means the supervising agency responsible for developing, implementing, and monitoring the case plan.
Subp. 8. Case plan.
"Case plan" means a plan of care for a foster child that is developed by the supervising agency with the child's parents and license holder and monitored by the placing agency.
Subp. 9. Chemical.
"Chemical" means alcohol, solvents, and other mood altering substances, including controlled substances as defined in Minnesota Statutes, section 152.01, subdivision 4.
Subp. 10.
[Repealed, 32 SR 2268]
Subp. 11. Commissioner.
"Commissioner" means the commissioner of the Department of Human Services or the commissioner of the Department of Corrections.
Subp. 12. Cultural competence or culturally competent.
"Cultural competence" or "culturally competent" means a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or among professionals to work effectively in cross-cultural situations.
Subp. 13. Deprivation procedure.
"Deprivation procedure" has the meaning given in part 9525.2710, subpart 12.
Subp. 14. Direct contact.
"Direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to a child.
Subp. 15. Disability.
"Disability" has the meaning given in Minnesota Statutes, section 363A.03, subdivision 12.
Subp. 16. Discipline.
"Discipline" means the use of reasonable, age-appropriate consequences designed to modify and correct behavior according to a rule or system of rules governing conduct.
Subp. 17. Education.
"Education" means the regular and special education and related services to which school-age children are entitled as required by applicable law and rule.
Subp. 18. Emotional disturbance.
"Emotional disturbance" has the meaning given in Minnesota Statutes, section 245.4871, subdivision 15.
Subp. 19. Family.
"Family" means persons related to the child by blood, marriage, or adoption, or an individual who is an important friend with whom the child has resided or had significant contact.
Subp. 20. Foster care.
"Foster care" has the meaning given in part 9560.0521, subpart 9.
Subp. 21. Foster child.
"Foster child" means a person under 18 years of age, a person in special education, or a juvenile under the jurisdiction of a juvenile court who is under 22 years of age and is placed in a foster home.
Subp. 22. Foster family or household members.
"Foster family or household members" means persons related by blood, marriage, or adoption and unrelated persons who are presently residing together.
Subp. 23. Foster family setting.
"Foster family setting" means the foster home in which the license holder resides.
Subp. 24. Foster home.
"Foster home" means the dwelling unit used by the license holder to provide foster care to the foster child.
Subp. 25. Foster parent.
"Foster parent" means an individual licensed under Minnesota Statutes to provide foster care.
Subp. 26. Foster residence setting.
"Foster residence setting" means a foster home in which the license holder does not reside.
Subp. 27. License.
"License" means written authorization issued by the commissioner of human services or corrections allowing the license holder to provide foster care service at a foster home for a specified time and in accordance with the terms of the license and the rules of the commissioner of human services or corrections.
Subp. 28. License holder.
"License holder" means an individual, corporation, partnership, voluntary association, or other organization or entity that is legally responsible for the operation of the foster home that has been granted a license by the commissioner of human services under Minnesota Rules and Minnesota Statutes, chapter 245A, or the commissioner of corrections under Minnesota Statutes, section 241.021, subdivision 2. The duties of the license holder may be discharged by a person designated by the license holder to act on behalf of the license holder.
Subp. 29. Licensed professional.
"Licensed professional" means a person qualified to complete a diagnostic evaluation, including a physician licensed under Minnesota Statutes, chapter 147, or a qualified mental health professional licensed under Minnesota Statutes, section 148B.18, subdivision 10, or a person defined as a "mental health professional" in Minnesota Statutes, section 245.4871, subdivision 27.
Subp. 30. Licensing agency.
"Licensing agency" means a county, individual, corporation, partnership, voluntary association, the Department of Corrections, or other organization or entity that recommends licensure of an applicant for a license or license renewal to the state according to parts 9543.0010 to 9543.0150.
Subp. 31. Medication assistance.
"Medication assistance" means helping children take medication and monitoring the effects of medication but does not include administering injections. For purposes of this subpart, "medication" means a prescribed substance that is used to prevent or treat a condition or disease, to heal, or to relieve pain.
Subp. 32. Person assisted by medical technology.
"Person assisted by medical technology" means a person who has a chronic or acute health condition which requires the routine use of a medical device to assist or maintain a life-sustaining body function and requires ongoing care or monitoring by trained personnel on at least a daily basis.
Subp. 33. Placing agency.
"Placing agency" means a private agency licensed according to parts 9545.0755 to 9545.0845 or a county agency that places a child according to parts 9560.0500 to 9560.0670.
Subp. 34. Psychotropic medication.
"Psychotropic medication" means a medication prescribed to treat mental illness and associated behaviors or to control or alter behavior. The major classes of psychotropic medication are antipsychotic or neuroleptic, antidepressant, antianxiety, antimania, stimulant, and sedative or hypnotic. Other miscellaneous classes of medication are considered to be psychotropic medication when they are specifically prescribed to treat a mental illness or to alter behavior based on a foster child's diagnosis.
Subp. 35. Residential program.
"Residential program" means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment for a child outside of the child's home pursuant to Minnesota Statutes, chapter 245A.
Subp. 36. Respite care.
"Respite care" means temporary care of foster children in a licensed foster home other than the foster home the child was placed in.
Subp. 37. Screening.
"Screening" means an examination of a child by means of a test, interview, or observation to determine if the child is likely to have a condition that requires assessment or treatment.
Subp. 38. Seclusion.
"Seclusion" means confining a person in a locked room.
Subp. 39. Shelter care or emergency shelter care.
"Shelter care" or "emergency shelter care" means a residential program offering short-term, time-limited placements of 90 days or less to children who are in a behavioral or situational crisis, need out-of-home placement in a protective environment, and have an immediate need for services.
Subp. 40. Staff.
"Staff" means a person who works for a foster residence setting license holder and is employed to work as an hourly employee, shift-staff employee, or houseparent.
Subp. 41. Substitute care.
"Substitute care" means temporary care of foster children inside the foster home by someone other than the foster parent for overnight or longer.
Subp. 42. Time-out.
"Time-out" means a treatment intervention in which a caregiver trained in time-out procedures removes a child from an ongoing activity to an unlocked room or area commonly used as a living space that is safe and where the child remains until the precipitating behavior abates or stops.
Subp. 43. Treatment foster care.
"Treatment foster care" means a culturally relevant, community-based and family-based method by which planned, integrated treatment services are provided to foster children and their parents by foster parents who are qualified to deliver treatment services. Treatment service may be provided to children with severe emotional disturbance, developmental disabilities, serious medical conditions, or serious behavioral problems, including, but not limited to, criminal sexual conduct, assaultiveness, or substance abuse.
Subp. 44. Treatment plan.
"Treatment plan" means a written plan of intervention, treatment, and services for a child in a foster setting that is developed by a license holder or placing agency on the basis of a child's screening, assessment, and case plan. The treatment plan, which is developed with the child and the child's parents, identifies goals and objectives of treatment, treatment strategy, a schedule for accomplishing treatment goals and objectives, and the entities responsible for providing treatment services to the child.
Subp. 45. Variance.
"Variance" means written permission from the commissioner of human services or corrections for a license holder to depart from a rule standard for a specific period of time pursuant to Minnesota Statutes, section 245A.04, subdivision 9.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04
- History: 28 SR 211; 32 SR 2268
Minn. R. 2960.3020 Licensing Process
Subpart 1. License required.
An individual, corporation, partnership, voluntary association, other organization, or controlling individual must not provide foster care without a license from the commissioner of human services or corrections unless an exclusion specified in this chapter or Minnesota Statutes, section 245A.03, subdivision 2, applies.
Subp. 2. Application.
Application for a license must be made to the county agency in the county where the applicant resides or to a Minnesota-licensed child placing agency on a form approved by the commissioner of human services. Group foster homes licensed by the Department of Corrections under chapter 2925 and Minnesota Statutes, section 241.021, subdivision 2, as of the adoption of this chapter, may apply to the Department of Corrections for a foster care license according to subpart 12. An application for licensure is complete when the applicant signs the license application and submits all of the information required in this subpart.
Subp. 3. License does not guarantee placement.
Licensure under parts 2960.3000 to 2960.3340 is not an entitlement, a right, or a guarantee that children will be placed in the foster home. The agency responsible for the child retains the right to choose which licensed foster home is best suited for an individual child in need of foster care placement.
Subp. 4. License not transferable.
A license under parts 2960.3000 to 2960.3340 is not transferable to another person, entity, or site.
Subp. 5. Commissioner's right of access.
The commissioner of human services' right of access must be according to Minnesota Statutes, section 245A.04, subdivision 5. The commissioner of corrections must have access to a Department of Corrections licensed foster home according to Minnesota Statutes, section 241.021.
Subp. 6. Limited licensure.
A license holder may be licensed through only one Minnesota-licensed child placing agency or county social services agency at a time. A license holder must not be licensed at the same time by both the Department of Human Services and the Department of Corrections. A license holder must not simultaneously hold a relative foster care emergency license issued according to Minnesota Statutes, section 245A.035, and a separate foster family setting license issued under this chapter.
Subp. 7. Notice of changes in household conditions.
The license holder must immediately notify the licensing agency of foster home and foster family or household member changes that affect the terms of the license or the ability of the license holder to provide care to children.
Subp. 8. Roomers and boarders.
A license holder must not have adult roomers or boarders in the foster home without the licensing agency's approval. Roomers or boarders are subject to an applicant background study according to part 2960.3060, subpart 2.
Subp. 9. Variance standards.
A license applicant or license holder may request, in writing, a variance from rule requirements that do not affect the health, safety, or rights of the child or others. The commissioner of human services or corrections may grant variances according to Minnesota Statutes, section 245A.04, subdivision 9. A variance request must include:
A. the part or parts of the rule for which a variance is sought;
B. the reason why a variance from the specified provision is sought;
C. the period of time for which a variance is requested;
D. written approval from the fire marshal, building inspector, or health authority when the variance request is for a variance from a fire, building, or health code; and
E. alternative equivalent measures the foster care applicant or license holder will take to ensure the health and safety of children if the variance is granted. The decision of the commissioner of human services or corrections to grant or deny a variance request is final and not subject to appeal under Minnesota Statutes, chapter 14.
Subp. 10. Other licenses.
A license holder cannot concurrently hold a license for family child care or adult family foster care without a variance from the licensing agency.
Subp. 11. Denial of license.
The commissioner of human services or corrections shall deny a license if the applicant fails to fully comply with laws or rules governing the program or fails to cooperate with a placing or licensing agency. Failure to fully comply shall be indicated by:
A. documentation of specific foster home deficiencies that may endanger the health or safety of children;
B. failure to be approved by fire, building, zoning, or health officials;
C. documentation of a disqualification of the applicant for licensure or relicensure, or the controlling individual regarding a background study which has not been set aside; or
D. any other evidence that the applicant is not in compliance with applicable laws or rules governing the program.
Subp. 12. Department of Corrections licensed foster homes.
Foster homes licensed by the Department of Corrections under chapter 2925 and Minnesota Statutes, section 241.021, subdivision 2, at the time of the adoption of this chapter, may continue to be licensed as foster homes by the Department of Corrections, acting as the licensing agency. Foster homes that are licensed by the Department of Corrections must meet the standards in parts 2960.3000 to 2960.3340. The Department of Corrections will use the standards in this part to issue or deny a foster care license.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3030 Capacity Limits
Subpart 1. Maximum foster children allowed.
A foster home must have no more than six foster children. The maximum number of children allowed in a home is eight, including a foster parent's own children. The license holder must maintain a ratio of one adult for each five children.
Subp. 2. Capacity limits.
The capacity limits in items A to C apply to foster homes.
A. A foster home must have no more than three children who are under two years of age or who are nonambulatory, unless the license holder maintains a ratio of at least one adult present when children are present for every three children under two years of age or children who are nonambulatory.
B. A foster home must have no more than four foster children at one time if any of the children have severe or profound developmental disabilities, have severe emotional disturbance, or is a person assisted by medical technology.
C. The number of foster children a foster home may accept must be limited based on the factors in subitems (1) to (5):
Subp. 3.
[Repealed, L 2019 1Sp9 art 2 s 134]
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2005 c 56 s 2; L 2019 1Sp9 art 2 s 134
Minn. R. 2960.3040 Foster Home Physical Environment
Subpart 1. Fire, health, building, and zoning codes.
The foster home must comply with applicable fire, health, building, and zoning codes.
Subp. 2. Sleeping space.
A foster child must be provided with a separate bed suitably sized for the child, except that two siblings of the same sex may share a double bed. A foster child must not be assigned sleeping space in a building, apartment, trailer, or other structure that is separate from the foster family home or in an unfinished attic, an unfinished basement, or a hall or any other room normally used for purposes other than sleeping. Bedrooms that are used by foster children must have two exits.
Subp. 3. Space for belongings.
A foster child must have an identified space for clothing and personal possessions with cabinets, closets, shelves, or hanging space sufficient to accommodate clothing and personal possessions.
Subp. 4. Dining area.
The dining area must be able to accommodate, at one time, all persons residing in the home.
Subp. 5. Construction or remodeling.
Changes in a foster home resulting from construction or remodeling must meet applicable building codes. The license holder must notify the licensing agency of changes to the licensed setting resulting from construction if those changes affect a licensing requirement.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3050 Foster Home Safety
Subpart 1. Inspection by licensing agency.
Prior to licensure, the foster home must be inspected by a licensing agency employee using the home safety checklist from the commissioner of human services. The applicant must correct deficiencies in the foster home which were identified by the agency. The licensing agency may require a health inspection if the foster home's condition could present a risk to the health of a foster child.
Subp. 2. Fire code inspections required.
If one of the conditions in items A to E exist, the foster home must document inspection and approval of the foster home according to Minnesota Statutes, section 299F.011, and the Uniform Fire Code by the state fire marshal or a local fire code inspector who is approved by the state fire marshal:
A. the foster home contains a freestanding solid fuel heating appliance;
B. the foster home is a manufactured home as defined in Minnesota Statutes, section 327B.01, subdivision 13, and was manufactured before June 15, 1976;
C. the licensing agency identifies a potential hazard in a single-family detached home, or a mixed or multiple-occupancy building;
D. the home is to be licensed for four or more foster children; or
E. the foster home has a foster child sleeping in a room that is 50 percent or more below ground level.
Subp. 3. Emergency procedures.
The license holder must give the licensing agency a floor plan of the foster home showing emergency evacuation routes. Emergency procedures must include a plan for care of children, evacuation, temporary shelter, and gathering at a meeting place to determine if anyone is missing. The plan must specifically address the needs of children whose behavior increases the risk of having a fire. The foster parent must give the emergency procedures to the agency, and the foster parent and licensing agency must review the emergency procedures during relicensure.
Subp. 4. Pets.
A foster home serving children less than six years of age must not keep reptiles, chickens, or ducks as pets. A foster home serving children six years of age and older that keeps reptiles, chickens, or ducks as pets must require a thorough hand washing following the handling of the animal, its food, and anything the animal has touched. Pets in family residences must be immunized and maintained as required by local ordinances and state law.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3060 License Holder Qualifications
Subpart 1. Experience.
The prospective license holder must agree to cooperate with the licensing agency and:
A. have at least the equivalent of two years of full-time experience caring for or working with the issues presented by the children they will care for, whether they are the license holder's own children or other children;
B. agree to receive training in child care and development as needed in order to meet the individual needs of the children placed in the foster home;
C. be related to the child needing foster care; or
D. be an important friend with whom the child has resided or had significant contact.
Subp. 2. Background study.
A license holder and individuals identified in Minnesota Statutes, sections 241.021 and 245A.04, subdivision 3, must submit to a background study.
A. Background checks conducted by the Department of Human Services must be conducted according to Minnesota Statutes, section 245A.04, subdivision 3.
B. Background checks conducted by the Department of Corrections must be conducted according to Minnesota Statutes, section 241.021, subdivision 6.
Subp. 3. Personal characteristics of applicants.
The applicant must comply with the requirements of items A to G.
A. The applicant must be at least 21 years old at the time of application.
B. The applicant and household members must provide a signed statement which indicates that they are receiving all necessary medical care, do not pose a risk to the child's health, and are physically able to care for foster children and indicate any limitations the applicant and household members may have.
C. The applicant and adult household members must sign a statement that they have been free of chemical use problems for the past two years.
D. The applicant must help the licensing agency obtain at least three letters of reference that provide information about the license holder's support system, the observed license holder's interactions with children, and the ability of the license holder and foster family to accept different points of view.
E. The applicant must help the licensing agency get previous foster care studies completed on the applicant by any other agency to which the applicant has applied for foster care licensure.
F. The licensing agency must make a determination as to whether a prospective license holder and foster parent can provide appropriate structure and is suitable to be licensed if a prospective license holder or foster parent has had either of the following:
G. The licensing agency may consult with a specialist in such areas as health, mental health, or chemical dependency to evaluate the abilities of the applicant to provide a safe environment for foster children. The licensing agency and the specialist must evaluate each applicant individually. The licensing agency must request a release of information from the applicant prior to assigning the specialist to evaluate the applicant. The licensing agency must tell the applicant why it is using a specialist to evaluate the applicant.
Subp. 4. Home study of applicant.
The applicant must cooperate with a home study conducted by the licensing agency. At a minimum, there must be one in-home interview and documented interviews with all household members over seven years of age. The home study must be completed using the commissioner of human services' designated format. The applicant must demonstrate the ability to:
A. provide consistent supervision, positive and constructive discipline, and care and training to contribute to the foster child's well-being;
B. understand the licensing agency's programs and goals;
C. work within agency and state policies;
D. share responsibility for the foster child's well-being with the foster child's social worker, school, and legal parents;
E. actively support the foster child's racial or ethnic background, culture, and religion, and respect the child's sexual orientation;
F. accept the foster child's relationship with the child's family and relatives and to support visitation and family reunification efforts;
G. have a current network of support that may include extended family, and neighborhood, cultural, and community ties that the applicant can use to strengthen the applicant's abilities, and for support and help;
H. meet the foster child's special needs, if any, including medical needs, disabilities, or emotional disturbance;
I. deal with anger, sorrow, frustration, conflict, and other emotions in a manner that will build positive interpersonal relationships rather than in a way that could be emotionally or physically destructive to other persons; and
J. nurture children, be mature and demonstrate an ability to comply with the foster child's care plan, and meet the needs of foster children in the applicant's care.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2012 c 216 art 6 s 13
Minn. R. 2960.3070 Foster Parent Training
Subpart 1. Orientation.
A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orientation for relatives must be completed within 30 days following the initial placement. The foster parent's orientation must include items A to E:
A. emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of alarms and equipment;
B. relevant laws and rules, including, but not limited to, chapter 9560 and Minnesota Statutes, chapters 245A, 260, 260C, and 260E, and legal issues and reporting requirements;
C. cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children according to Minnesota Statutes, section 260C.212, subdivision 11;
D. information about the role and responsibilities of the foster parent in the development and implementation of the case plan and in court and administrative reviews of the child's placement; and
E. requirements of the licensing agency.
Subp. 2. In-service training.
Each foster parent must complete a minimum of 12 hours of training per year in one or more of the areas in this subpart or in other areas as agreed upon by the licensing agency and the foster parent. If the foster parent has not completed the required annual training at the time of relicensure and does not show good cause why the training was not completed, the foster parent may not accept new foster children until the training is completed. The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent:
A. cultural competence and transcultural placements;
B. adoption and permanency;
C. crisis intervention, including suicide prevention;
D. sexual offender behaviors;
E. children's psychological, spiritual, cultural, sexual, emotional, intellectual, and social development;
F. legal issues including liability;
G. foster family relationships with placing agencies and other service providers;
H. first aid and life-sustaining treatment such as cardiopulmonary resuscitation;
I. preparing foster children for independent living;
J. parenting children who suffered physical, emotional, or sexual abuse or domestic violence;
K. chemical dependency, and signs or symptoms of alcohol and drug abuse;
L. mental health and emotional disturbance issues;
M. Americans with Disabilities Act and Individuals With Disabilities Education Act;
N. caring for children with disabilities and disability-related issues regarding developmental disabilities, emotional and behavioral disorders, and specific learning disabilities;
O. privacy issues of foster children;
P. physical and nonphysical behavior guidance, crisis de-escalation, and discipline techniques, including how to handle aggression for specific age groups and specific issues such as developmental disabilities, chemical dependency, emotional disturbances, learning disabilities, and past abuse;
Q. birth families and reunification;
R. effects of foster care on foster families;
S. home safety;
T. emergency procedures;
U. child and family wellness;
V. sexual orientation;
W. disability bias and discrimination;
X. management of sexual perpetration, violence, bullying, and exploitative behaviors;
Y. medical technology-dependent or medically fragile conditions; and
Z. separation, loss, and attachment.
Subp. 3. Medical equipment training.
Foster parents who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3080 Placement, Continued Stay, and Discharge
Subpart 1. Placement criteria.
Foster care placement is governed by the statement of intended use developed by the licensing agency and the license holder. The license holder may decline to accept a foster child without a stated reason. The requirements of parts 2960.0510 to 2960.0530 do not apply if the foster home serves as an emergency shelter home.
Subp. 2. Screening.
The license holder must cooperate with the placing agency to ensure that the child's needs are identified and addressed.
Subp. 3. Child's property.
The foster child must be allowed to bring personal possessions, as agreed upon between the child, the child's parent, the placing agency, and the license holder, to the foster home and must be allowed to accumulate possessions to the extent the home is able to accommodate them.
Subp. 4. Information about foster children.
Before placement or within five days following placement, the placing agency shall give the license holder written information in items A to K about the child:
A. the child's placement history summary;
B. name and nicknames;
C. date of birth;
D. gender;
E. name, address, and telephone number of the child's parents, guardian, and advocate;
F. race or cultural heritage of the child, including tribal affiliation, if any;
G. description of the child's presenting problems, including medical problems, circumstances leading to placement, mental health concerns, safety concerns including assaultive behavior, and victimization concerns;
H. description of assets and strengths of the child and, if available, related information from the child, child's family, including siblings, and concerned persons in the child's life;
I. name, address, and telephone number of the contact person for the last educational program the child attended, if applicable;
J. spiritual or religious affiliation of the child and the child's family; and
K. information about the child's medication and diet needs and the identities of the child's recent health care providers. The child's placing agency shall update the information in items A to K as new information becomes available.
Subp. 5. Cooperation required.
The license holder must cooperate with the child's placing agency according to items A and B.
A. The license holder must provide basic services to the child.
B. The license holder must cooperate with the child's case manager and other appropriate parties to develop and implement the child's case plan during the child's stay in the foster home. The license holder shall cooperate in the following areas:
Subp. 6. Foster child services.
The license holder must:
A. work with the child's placing agency and child's parents to develop a plan to identify and meet a foster child's immediate needs. The license holder must collaborate with the placing agency to provide the basic services to the child;
B. encourage age-appropriate activities, exercise, and recreation for the foster child;
C. seek consultation or direction from the placing agency if issues arise that cannot be resolved between the license holder and the foster child;
D. explain house rules and tell the foster child about the license holder's expectations about behavior, the care of household items, and the treatment of others; and
E. know the whereabouts of the child in the license holder's care. The license holder must be guided by the case plan or court order in determining how closely to supervise the child. The license holder must immediately notify the placing agency if the child runs away or is missing.
Subp. 7. Foster child diet.
A foster child must be provided food and beverages that are palatable, of adequate quantity and variety, served at appropriate temperatures, and have sufficient nutritional value to promote the child's health. If the child has a medically prescribed diet, then the license holder must provide the diet as ordered by a physician or other licensed health care provider.
Subp. 8. Discipline.
The license holder must consider the child's abuse history and developmental, cultural, disability, and gender needs when deciding the disciplinary action to be taken with the child. Disciplinary action must be in keeping with the license holder's discipline policy. The discipline policy must include the requirements in items A and B.
A. Children must not be subjected to:
B. The license holder:
Subp. 9. Visitation and communication.
The license holder must follow the visitation and communication plan in a foster child's case plan, which was developed by the placing agency and child's parents, or required by court order. In the absence of a case plan or court order regarding visitation, the license holder must work with the placing agency and the child's parents to jointly develop a visitation plan.
Subp. 10. Complaints and grievances.
The license holder must work with the licensing agency to develop written complaint and grievance procedures for foster children. The procedures must meet at least the following requirements:
A. the agency or license holder must tell the child and the child's parent or legal representative about the complaint and grievance procedures and upon request give the child or the child's parent or legal representative a copy of the procedures and any forms needed to complain or grieve;
B. the license holder must notify the placing and licensing agency about a written complaint or grievance and the resolution of the complaint or grievance; and
C. a license holder's response to a complaint or grievance that alleges abuse or neglect must meet the requirements of the Maltreatment of Minors Act, Minnesota Statutes, chapter 260E.
Subp. 11. Discharge.
The license holder must work with the child's placing agency to ensure a planned discharge and compliance with Minnesota Statutes, section 260C.212, subdivision 3. Before an unplanned discharge, the license holder must confer with other interested persons to review the issues involved in the decision. During this review process, which must not exceed 30 days, the license holder must determine whether the license holder, treatment team, if any, interested persons, and the child can develop additional strategies to resolve the issues leading to the discharge and to permit the child an opportunity to continue to receive services from the license holder. If the review indicates that the decision to discharge is warranted, the reasons for it and the alternatives considered or attempted must be documented. A child may be temporarily removed from the foster home during the review period if the child is a danger to self or others. This subpart does not apply to a child removed by the placing authority or a parent or guardian.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2005 c 56 s 2
Minn. R. 2960.3090 Respite and Substitute Care for Family Settings
Subpart 1. Notice requirements.
In nonemergency situations, the license holder, parent, and placing agency must agree on respite care and substitute care arrangements within ten working days prior to the use of respite care or substitute care or must agree on respite care according to an ongoing written agreement. In an emergency that may require the use of respite or substitute care, the license holder must notify the placing agency of the emergency as soon as possible. The license holder must notify the placing agency when respite care or long-term substitute care is being provided.
Subp. 2. Qualifications of long-term substitute caregiver.
A substitute caregiver must:
A. be at least 18 years of age;
B. have completed a background study within the past 12 months;
C. have no statutory or rule disqualification;
D. if providing more than 30 cumulative days of substitute care in a 12-month period:
E. provide documentation of medical equipment training on the equipment used to care for the foster child from an appropriate training source.
Subp. 3. Short-term substitute caregiver.
As used in parts 2960.3000 to 2960.3340, "short-term substitute care" means less than 72 hours of continuous care for a child. A short-term substitute caregiver does not have to meet the requirements of subpart 2. However, the foster parent and the placing agency must agree that the short-term substitute caregiver is able to meet the needs of the foster child. The short-term substitute caregiver must provide documentation of medical equipment training on the equipment used to care for the foster child from an appropriate training source.
Subp. 4. Information to respite caregiver.
The license holder must give a respite care provider the information in items A to D related to the foster child's health, safety, and welfare:
A. information about the foster child's emotional, behavioral, medical, and physical condition;
B. any medication the foster child takes;
C. the foster child's daily routine and schedule; and
D. the names and telephone numbers of individuals to contact in case of emergency and information about medical providers and how to obtain medical care for the child.
Subp. 5. Information to substitute caregivers.
The license holder must give a substitute care provider the information in subpart 4, and in items A to D:
A. the location of a fire extinguisher and first aid supplies;
B. emergency and fire evacuation plans;
C. information about child abuse and mandatory reporting laws; and
D. if an emergency occurs which involves the foster child, the substitute caregiver must notify the placing agency as soon as possible about the emergency.
Subp. 6. Overnights and short trips.
The license holder must seek direction from the placing agency about whether or not the foster child may go on overnights or short trips outside the supervision of the license holder.
Subp. 7. Foster residence settings.
Foster residence settings may not use respite caregivers, long-term substitute caregivers, and short-term substitute caregivers. Subparts 1 to 6 do not apply to foster residence settings.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3100 Records
Subpart 1. Foster care license records.
The license holder must cooperate with the licensing agency to ensure the agency has the following records:
A. a copy of the application for licensure signed by the applicant;
B. a license holder agreement form supplied by the Department of Human Services which is signed by the applicant and the agency;
C. reports and signed statements from specialists, and signed statements from the license holder, the license holder's children, and other household members concerning the physical health of the license holder, the license holder's children, and other household members;
D. a current completed commissioner's home safety checklist (D.S.-644) plus a written report from the fire marshal on any specific fire hazards, if required;
E. the prelicensing home study and supporting documentation;
F. references obtained through the licensing process;
G. a documented annual evaluation of the licensed foster home, conducted jointly by the license holder and the licensing agency, including, at a minimum:
H. documentation for any rule variance from this chapter; and
I. a record of training received by the license holder and staff, if any, and foster parents, including a list of training on medical equipment used to sustain life or monitor a medical condition.
Subp. 2. Foster child records.
The license holder must keep a record for each foster child in care. The record must include the child's medical records, which includes records of illnesses and medical care provided to the child; grievance records, including documentation of the grievance resolution; and other documentation as required by the child's case plan.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3200 Foster Residence License Holders
Subpart 1. Scope.
Parts 2960.3200 to 2960.3230 apply to foster homes which are foster residence settings.
Subp. 2. Purpose and applicability.
Parts 2960.3200 to 2960.3230 apply to foster homes in which the license holder does not reside at the licensed foster home. The foster residence setting license holder must meet the requirements of parts 2960.3200 to 2960.3230, in addition to the requirements of parts 2960.3000 to 2960.3100.
Subp. 3. Exemption.
The training and orientation requirements of part 2960.3070 do not apply to foster residence settings.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3210 Staff Training Requirements
Subpart 1. Orientation.
The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation training are not counted as part of the hours of annual training. Orientation training must include at least the topics in items A to F:
A. emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of facility alarms and equipment;
B. relevant statutes and administrative rules and legal issues, including reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E and section 626.557, and other reporting requirements based on the ages of the children;
C. cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children according to Minnesota Statutes, section 260C.212, subdivision 11;
D. general and special needs, including disability needs, of children and families served;
E. operational policies and procedures of the license holder; and
F. data practices regulations and issues.
Subp. 2. Personnel training.
The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The license holder must develop an annual training plan for employees that addresses items A to C.
A. Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. To determine the type and amount of training an employee needs, the license holder must consider the foster care program's target population, services the program delivers, and outcomes expected from the services, as well as the employee's position description, tasks to be performed, and the performance indicators for the position. The license holder and staff who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.
B. Full-time staff who have direct contact with children must complete at least 18 hours of in-service training per year. One-half of the training must be skill development training. Other foster home staff and volunteers must complete in-service training requirements consistent with their duties.
C. Part-time direct care staff must receive sufficient training to competently care for children. The amount of training must be provided at least at a ratio of one hour of training for each 60 hours worked, up to 18 hours of training per part-time employee per year.
Subp. 3. Documentation of training.
The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3220 Staffing Patterns and Personnel Policies
Subpart 1. Job descriptions.
The license holder must have written job descriptions for all position classifications and post assignments that define the responsibilities, duties, and qualifications staff need to perform those duties. The job descriptions must be readily available to all staff.
Subp. 2. Recruitment of culturally balanced staff.
To the extent permitted by law, it is the license holder's responsibility to actively recruit, hire, and retain staff who are responsive to the diversity of the population served. If the license holder's staffing plan does not meet the cultural and racial needs of the child, the license holder must document the reasons why and work with cultural or racial communities to meet the needs of the child. In addition, the license holder must contact a cultural or racial community group related to the child's racial or cultural minority background and seek information about how to provide opportunities for the child to associate with adult and peer role models with similar cultural and racial backgrounds on a regular basis.
Subp. 3. Professional licensure.
The license holder must keep records showing that staff's professional licensure which is related to staff's foster care duties is current.
Subp. 4. Staffing plan.
The license holder must prepare and obtain approval from the licensing agency of a written staffing plan that shows staff assignments and meets the needs of the children in care. The license holder must use the criteria in items A to D to develop the foster home's staffing plan.
A. The license holder must designate a person in charge at each facility.
B. In the temporary absence of the person designated as the person in charge at the facility, a different staff person must be designated as the person in charge of the facility.
C. The license holder must designate a person to coordinate volunteer services, if volunteers are used by the facility. The license holder must have a system for registration and identification of volunteers. Volunteers who have unsupervised contact with children must have a background check. The license holder must require volunteers to agree in writing to abide by facility policies. Volunteers must be trained and qualified to perform the duties assigned to them.
D. The staffing plan must be appropriate for the program services offered to the children, the physical plant features and characteristics of the facility, and the condition of the children in care. The license holder must consider the factors in subitems (1) to (8) when developing the staffing plan:
Subp. 5. License holder and staff qualifications.
The license holder and staff must have the education and experience required to meet the functions and program activities that the license holder declared in the foster home's statement of intended use according to part 2960.3000, subpart 4. The license holder must be a responsible, mature, healthy adult who is able to carry out the license holder's duties. The license holder must be able to accomplish the license holder's duties and meet the child's needs as stated in the child's case plan. Staff must be at least 21 years of age.
Subp. 6. Drug and alcohol use prohibited.
The license holder must have a policy regarding use of illegal drugs or alcohol by staff, volunteers, and contract employees while staff, volunteers, and contract employees care for or have contact with foster children. The license holder's policy must prohibit the use of illegal drugs and use of alcohol by staff and others while caring for foster children, and require that staff and others who use illegal drugs or use alcohol while caring for foster children are subject to dismissal.
Subp. 7. Medication administration.
The license holder must have a policy on medication administration by staff. The license holder's medication administration policy must, at a minimum, require that staff document medication administration errors.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3230 Communications and Documentation
Subpart 1. Communication plan.
The license holder must have a communication plan that ensures that all important information about a child is communicated to the license holder and staff. At a minimum, the communication plan must ensure that:
A. updated information about the child's needs, condition, care plan changes, medications, incidents, and other information which affects the health and safety of the child is documented and made available to staff and other persons who care for the child; and
B. staff who help the child meet care plan and treatment plan goals are given the information needed to carry out the staff's duties to help the child attain care plan and treatment plan goals.
Subp. 2. Documentation.
A license holder must:
A. maintain and make available to the commissioner of human services or corrections sufficient documentation to verify that all requirements of the rules governing the care of the child have been met;
B. keep and share the child's records according to the requirements of statute; and
C. collect demographic information about children and their families and outcome measures about the success of services that meet the requirements of Laws 1995, chapter 226, article 3, section 60, subdivision 2, clause (1)(iii).
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3300 Additional Requirements
A foster family setting license holder, who offers treatment foster care services, must meet the requirements of parts 2960.3300 to 2960.3340 in addition to the requirements of parts 2960.3000 to 2960.3100.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3310 Admission, Treatment, and Discharge
Subpart 1. Generally.
Treatment foster care serves children and youth whose special needs would place them at risk of placement in more restrictive residential settings such as hospitals, psychiatric centers, correctional facilities, or residential treatment programs.
Subp. 2. Admission.
Admission to a treatment foster care home must meet the requirements of items A and B.
A. Admission to a treatment foster care program is based on the recommendation of a licensed professional who is qualified to direct treatment and is familiar with the child's individual needs. The recommendation must be based on a diagnostic evaluation and recognize the reasons the child is at risk for placement in more restrictive residential settings. The recommendation must identify behavioral concerns to be addressed in a treatment plan.
B. Upon admission to a treatment foster care placement, a treatment team must be established for the child. Members of the treatment team are parents, treatment foster parents, county case manager, licensed professional directing treatment, treatment foster care social worker, and other persons identified by the team who are needed to develop and execute a comprehensive treatment plan.
Subp. 3. Treatment.
The child's treatment plan must be developed within ten days of admission and meet the requirements in items A to D.
A. The treatment goals in the treatment plan must address the child's needs as determined by a licensed professional directing treatment. The treatment plan must be consistent with the placement plans in Minnesota Statutes, section 260C.212, subdivisions 1 and 2, the case plan in Minnesota Statutes, section 260B.198, subdivision 5, or service plan in Minnesota Statutes, section 256B.092. The child's treatment goals must be measurable and identify desired treatment outcomes. Treatment foster parents shall document daily observations of the desired treatment outcomes.
B. The treatment plan must identify treatment strategies to be used with the child by the treatment foster parents.
C. The plan must identify specific supports and services the treatment foster parents will use with the child. Substitute and respite care services must be addressed in the plan.
D. The treatment team must develop the treatment plan and meet the requirements in subitems (1) to (3).
Subp. 4. Discharge.
The treatment plan must define outcomes and goals that the child needs to meet for discharge from treatment foster care. The unplanned discharge of a child must follow part 2960.3080, subpart 11. If an unplanned discharge is by the request of the treatment foster parents, the treatment foster care licensing agency shall document the review and evaluation of the treatment foster parent's skills to determine if the treatment foster parents had the appropriate skills to care for the discharged child.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211; L 2012 c 216 art 6 s 13
Minn. R. 2960.3320 Treatment Foster Care Requirements
Subpart 1. Treatment foster care provider qualifications.
In addition to the qualifications in parts 2960.3000 to 2960.3100, treatment foster parents must:
A. have previously been licensed as a foster parent for at least two years or have equivalent experience;
B. be able to carry out the treatment plan in the foster home;
C. ensure that the foster family is willing to accept children who need this level of service and are able to accept the increased involvement and supervision of treatment foster care;
D. ensure that the foster family is able to work as part of a treatment team to implement in-home treatment strategies and document the child's progress, as defined by the treatment plan and treatment team; and
E. have the commitment to work with the child, parents, and treatment team to set and implement strategies, which define outcomes that enable the child to live in the treatment foster home.
Subp. 2. Intended use.
The statement of intended use required by part 2960.3000, subpart 4, must indicate that the foster home will be used as a treatment foster care home. The licensing agency must deem the foster home to be a treatment foster care home and consider information from the license holder's statement of intended use in the home study.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3330 Treatment Foster Care Training
Subpart 1. Initial training required.
Each treatment foster parent must complete the training requirements in items A and B.
A. The treatment foster care social worker, in partnership with the treatment foster parents, shall write a professional development plan for the treatment foster parent which is based on the training needs of the treatment parents and the child's individual treatment plan requirements.
B. Each treatment foster care parent must complete 30 hours of primary skill development training prior to accepting a treatment foster care placement. The content of this training must be about at least the following topics: grief and loss, attachment, behavioral intervention, child development, discipline, dynamics of child abuse, children's mental health, substance abuse, cultural competency, treatment plan development and documentation, relationship building with primary families, and the role of medication in treatment.
Subp. 2. Annual training required.
Each treatment foster parent must complete 18 hours of annual training.
A. Annual training must be competency-based and emphasize skill development needed by the foster parent to care for the individual child placed in the home.
B. The training may be in various formats, including in-home training provided by treatment professionals, group presentations, or in-service training approved by the placing or licensing agency.
Subp. 3. Exemption.
Foster parents who provide treatment foster care and meet the training requirements of this part are exempt from the training requirements of parts 2960.3070 and 2960.3210.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Minn. R. 2960.3340 Treatment Foster Home Capacity
Subpart 1. Treatment foster home capacity.
The total number of treatment foster care children placed in one home shall not exceed two unless a variance is granted under subpart 3 for special circumstances. At no time shall a foster home exceed the capacity limits in part 2960.3030.
Subp. 2. Continuing care.
A treatment foster home may continue to provide care for a child after the child has attained the child's treatment goals to support the permanency goals in the child's case plan.
Subp. 3. Capacity limit variance.
The capacity variance conditions must ensure that the foster home will meet the individual treatment needs of the children in care and address specific vulnerabilities that may occur when children are placed together. The variance must identify added support services that will be offered to the treatment foster family to meet the needs of each child in the home and tell how the additional support services can be obtained. A variance granted to treatment foster care parents must also meet the requirements in part 2960.3020, subpart 9. A variance may be granted to allow the capacity of a treatment foster home to exceed two children, if one of the following special circumstances applies:
A. there is a need to place a sibling group together in the foster home; or
B. to place a child with foster parents with which the child had been previously placed.
History
- Statutory Authority: L 1995 c 226 art 3 s 60; MS s 241.021; 245A.03; 245A.09
- History: 28 SR 211
Chapter 2965 ADULT SEX OFFENDER TREATMENT
Minn. R. 2965.0010 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0020 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0030 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0040 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0050 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0060 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0070 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0080 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0090 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0100 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0110 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0120 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0130 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0140 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0150 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0160 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
Minn. R. 2965.0170 [Repealed, 50 SR 387]
[Repealed, 50 SR 387]
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