September 13, 2013
License number: 1066182 CFC (In Application) CERTIFIED MAIL
222 Cesar Chavez Street
St. Paul, MN 55107
ORDER OF DENIAL
Dear Ms. Brewer:
Based upon a recommendation by Ramsey County Community Human Services Department, pursuant to Minnesota Statutes, section 245A.05, the Commissioner of the Department of Human Services is denying your application to provide child foster care under the provisions of Minnesota Rules, parts 2960.3000 to 2960.3340. The reasons for the action are as follows:
Minnesota Statutes, section 245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to comply with applicable laws or rules;
(2) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;
(3) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;
(4) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted; or
(5) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted.
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial. Notice must be given by certified mail or personal service. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
Minnesota Statutes, section 245A.04 APPLICATION PROCEDURES.
Subd. 6. Commissioner's evaluation. Before issuing, denying, suspending, revoking, or making conditional a license the commissioner shall evaluate information gathered under this section. The commissioner's evaluation shall consider facts, conditions, or circumstances concerning the program’s operation, the well-being of persons served by the program, available consumer evaluations of the program, and information about the qualifications of the personnel employed by the applicant or license holder.
Minnesota Statutes, section 245A.03 WHO MUST BE LICENSED.
Subd. 2a. Foster care by an individual who is related to a child; license required. Notwithstanding subdivision 2, clause (1), in order to provide foster care for a child, an individual who is related to the child, other than a parent, or legal guardian, must be licensed by the commissioner except as provided by section 245A.035.
Minnesota Statues, section 245A.035 UNLICENSED EMERGENCY RELATIVE PLACEMENT.
Subd. 5. Child foster care license application. (a) The relatives with whom the emergency placement has been made shall complete the child foster care license application and necessary paperwork within ten days of the placement. The county agency shall assist the applicant to complete the application. The granting of a child foster care license to a relative shall be under the procedures in this chapter and according to the standards in Minnesota Rules, chapter 2960.
Minnesota Rules, part 2960.3000 FOSTER FAMILY SETTINGS.
Subp. 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.
Minnesota Rules, part 2960.3020 LICENSING PROCESS.
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:
D. any other evidence that the applicant is not in compliance with applicable laws or rules governing the program.
Minnesota Rules, part 2960.3060 LICENSE HOLDER QUALIFICATIONS.
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.
You submitted a child foster care license application to Ramsey County Community Human Services to provide foster care to children related to you. The related children were placed in your care. An application and required paperwork was provided to you on January 2, 2013. You failed to submit required paperwork to Ramsey County and failed to attend required child foster care orientation. Ramsey County made numerous phone calls and sent a letter to you requesting that you contact Ramsey County to complete the licensing process. You failed to respond.
Because you failed to complete the application requirements following an emergency relative placement; because you failed to cooperate with the licensing process; and, in order to protect the health and safety, rights and well-being of children receiving services in DHS-licensed programs, your application to provide child foster care is denied.
RIGHT TO APPEAL
You have the right to appeal this decision and the right to a contested case hearing under Minnesota Statutes, Chapter 14, and Minnesota Rules, parts 1400.8505 to 1400.8612.
If you choose to appeal the denial of your license application, your request must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the Commissioner within twenty (20) calendar days after you receive this notice of license denial. If a request is made by personal service, it must be received by the Commissioner within twenty (20) calendar days after you receive this notice of license denial. The appeal should be addressed to:
Commissioner, Department of Human Services
Office of Inspector General
Attention: Family Systems Unit
PO Box 64242
St. Paul, Minnesota 55164-0242
If you have any further questions regarding this matter, you may contact James Janecek, Unit Manager, at (651) 431-6602.
Mary Kelsey, Supervisor
Office of Inspector General
c: Linda Schmit, Ramsey County Community Human Services