Subd. 1. Licensed setting required.

A license holder with a home and community-based services license providing out-of-home respite care services for children may do so only in a licensed setting, unless exempt under subdivision 2. For purposes of this section, "respite care services" has the meaning given in section 245A.02, subdivision 15.

Subd. 2. Exemption from licensed setting requirement.

1. (a) The exemption under this subdivision does not apply to the provision of respite care services to a child in foster care under chapter 260C or 260D.

2. (b) A license holder with a home and community-based services license may provide out-of-home respite care services for children in an unlicensed residential setting if:

   1. (1) all background studies are completed according to the requirements in chapter 245C;
   2. (2) a child's case manager conducts and documents an assessment of the residential setting and the setting's environment before services are provided and at least once each calendar year thereafter if services continue to be provided at that residence. The assessment must ensure that the setting is suitable for the child receiving respite care services. The assessment must be conducted and documented in the manner prescribed by the commissioner;
   3. (3) the child's legal representative visits the residence and signs and dates a statement authorizing services in the residence before services are provided and at least once each calendar year thereafter if services continue to be provided at that residence;
   4. (4) the services are provided in a residential setting that is not licensed to provide any other licensed services;
   5. (5) the services are provided to no more than four children at any one time. Each child must have an individual bedroom, except two siblings may share a bedroom;
   6. (6) the services are not provided to children and adults over the age of 21 in the same residence at the same time;
   7. (7) the services are not provided to a single family for more than 46 calendar days in a calendar year and no more than ten consecutive days;
   8. (8) the license holder's license was not made conditional, suspended, or revoked during the previous 24 months; and
   9. (9) each individual in the residence at the time services are provided, other than individuals receiving services, is an employee, as defined under section 245C.02, of the license holder and has had a background study completed under chapter 245C. No other household members or other individuals may be present in the residence while services are provided.
3. (c) A child may not receive out-of-home respite care services in more than two unlicensed residential settings in a calendar year.
4. (d) The license holder must ensure the requirements in this section are met.

Subd. 3. Documentation requirements.

The license holder must maintain documentation of the following:

1. (1) background studies completed under chapter 245C;
2. (2) service recipient records indicating the calendar dates and times when services were provided;
3. (3) the case manager's initial residential setting assessment and each residential assessment completed thereafter; and
4. (4) the legal representative's approval of the residential setting before services are provided and each year thereafter.