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Minnesota Department of Human Services Community-Based Services Manual (CBSM)
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Adult and child foster care

Page posted: 10/1/03

Page reviewed: 9/30/13

Page updated: 5/26/17

Legal authority

Federally approved BI, CAC and CADI waiver plans, Minn. Stat. §245D.03

Definition

Adult and child foster care: Individual waiver services provided to people who live in a home licensed as foster care. Foster care services are individualized and based on the needs of the person and service rates must be determined accordingly.

Services provided under the DD Waiver in a foster care setting are called supported living services (SLS). For more information, see CBSM –Habilitation services – residential.

Covered services

Children under age 18

Under the BI, CAC and CADI waivers, a child under age 18 may use the waiver service of child foster care when the scope of services assessed and identified in the support plan exceeds both the scope of services provided in the Out of Home Placement Plan and the payment rate that the lead agency is required to cover.

Funding

For a child under age 18, the lead agency is required to fund child foster care according to rules of the commissioner. Neither the basic rate nor the supplemental rate may be paid for using waiver resources. For more information, see CBSM – Funding for children in foster care settings.

Adults age 18 and older

Under the BI, CAC and CADI waivers, an adult age 18 or older may use the waiver service of adult foster care when the scope of services assessed and identified in the support plan exceeds the scope of services provided through the foster care payment rate paid from the person’s assessed resources and the Group Residential Housing rate.

Funding

For an adult age 18 or older, the amount of his or her resources used for room and board and the GRH allocation that supplements this may not be replaced using waiver resources. The lead agency financial worker determines both the amount of the waiver participant’s resources to be used for room and board and the GRH supplemental allocation.

Non-covered services

Children under age 18

The child foster care waiver service does not cover:

  • • Basic foster care rate and difficulty of care rate
  • • Costs of vehicles and facility maintenance (upkeep and improvement)
  • • Duplication of services paid by other sources (for example chore services, homemaker or PCA services)
  • • Items of comfort or convenience
  • • Payment when the child is absent 24 or more hours
  • • Room and board
  • Adults age 18 and older

    The adult foster care waiver service does not cover:

  • • Basic foster care rate and GRH rate
  • • Costs of vehicles and facility maintenance (upkeep and improvement)
  • • Duplication of services paid by other sources (for example chore services, homemaker or PCA services)
  • • Items of comfort or convenience
  • • Payment when the adult is absent 24 or more hours
  • • Room and board
  • Moratorium

    The 2009 Minnesota Legislature authorized a moratorium on the growth of licensed adult and child corporate foster care and community residential settings. For more information, see CBSM – Moratorium on corporate foster care and community residential settings.

    Size and location

    The total number of people who reside in a living setting shall not exceed four. This means four people unrelated to the principal care provider.

    The lead agency may not authorize foster care for people who reside in a living setting adjoined to or on the same property as a nursing facility, hospital, ICF/DD or institute for mental disease.

    When more than one living setting is located on the same or adjoining property and the settings or property is leased or owned by a single provider, the lead agency may only authorize services for people who live in one of the settings.

    Exceptions

    If a residence was developed before May 1, 2001, and has continuously provided waiver services, it may qualify for a temporary exceptions to the setting size. For more information, see CBSM – Changes to size of setting – 5th bed.

    Secondary information

    When a child or adult is placed into a licensed foster care setting, all federal, state, lead agency and/or licensing agency rules and regulations must be followed.

    For information about how to determine if a setting requires a license or if it’s a person's own home, see CBSM – Requirements for a person’s own home.

    Provider standards and qualifications

    Adult and child foster care is a DHS enrollment-required service.

    License requirements

    A foster care provider must have a license under Minnesota Statues, Chapter 245D as an intensive support service provider. A provider must also meet current legal foster care license requirements:

  • • Adult foster care licensed under Minn. R. 9555.5105 to 9555.6265
  • • Child foster care licensed under Minn. R. 2960.3000 to 2960.3340
  • Reporting

    A provider licensed under 245D must report all uses of controlled procedures, emergency use of manual restraint and prohibited procedures according to Minn. Stat. 245D.06, subd. 5 to DHS via the Behavioral Intervention Report Form DHS-5148 (PDF).

    Authorization, rates and billing

    Foster care is a framework service. The lead agency uses the Rate Management System (RMS) to determine rates. For more information, see CBSM – Rate Management System and Long-Term Services and Supports (LTSS) Service Rate Limits, DHS-3945 (PDF).

    Additional resources

    CBSM – Changes to size of setting – 5th bed
    CBSM – Funding for children in foster care settings

    CBSM – Moratorium on corporate foster care and community residential settings

    CBSM – Residential rehabilitation

    CBSM – Waiver/AC service provider overview

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