Guide to support a person with a residential service termination notice from a 245D-licensed provider

Page updated: 1/26/24

Residential service terminations can be confusing and stressful for the person, their family and their case manager. DHS created this guide to provide lead agencies with important information in one place so they can begin the important work of helping the person and their team make informed decisions about next steps. This guide points to information about residential service terminations in 245D statute, DHS webpages and other policies.

Providers licensed to deliver residential services and supports per Minn. Stat. 245D.03, subd. 1c(3) must notify DHS in writing when they suspend and/or terminate the following services:

· Community residential services in a corporate child foster care residence, community residential setting or supervised living facility to people on Brain Injury (BI), Community Alternative Care (CAC), Community Access for Disability Inclusion and Developmental Disabilities (DD) waivers.

· Family residential services in a family child foster care residence or a family adult foster care residence to people on BI, CAC, CADI and DD waivers.

· Residential services provided to more than four people with developmental disabilities in a supervised living facility, including intermediate care facilities for persons with developmental disabilities (ICFs/DD).

· Life sharing to people on BI, CAC, CADI and DD waivers.

This requirement to notify DHS does not apply to any other 245D-licensed basic or intensive services. Other 245D-licensed basic and intensive service providers must notify the person, guardian and case manager in writing when they suspend or terminate services.

Toolkit resources

This toolkit includes five CBSM pages that describe specific issues and topics. Lead agencies should review each page carefully to determine which options might benefit the person:

· Overview of the process for residential service termination.

· Case manager responsibilities and legal rights of the person or their legal representative.

· Waiver service options to consider as additional supports.

· Non-waiver service support options to consider as additional supports.

· Mental health service options to consider as additional supports.

Other resources

Websites for provider openings and waiver crisis respite

MafoMN – Openings
MCCP – Search for residential openings
MinnesotaHelp.info
FasttrackerMN.org
DHS – Certified behavioral health home services providers
DHS – Children’s mental health programs and services
DHS – Licensing information lookup crisis respite provider search:

· Select a specific county from the “MN County” drop-down list.

· Under “License Type,” select “Home and Community Based Services – Community Residential Setting.”

· Check the box for “Crisis respite, out of home.”

· Check the box for “Active Licenses Only.”

· Click the “Search” button.

DHS websites

CBSM – Appeals
CBSM – Forms
CBSM – Person-centered practices
CBSM – Waiver, AC and ECS case management
Person-Centered, Informed Choice and Transition Protocol, DHS-3825 (PDF)
Guidelines for Positive Supports in DHS-Licensed Settings, DHS-6810C (PDF)
DHS – Positive supports

Other websites

Direct Support Connect (free resource through which direct support workers can connect with people who use services)
Disability Hub MN (free statewide resource network to help people with disabilities solve problems, navigate the system and plan for the future)
Housing Benefits 101 (free resource for people to explore housing options, discover what works and make a plan to get there)
Technology for HOME (T4H) and CBSM – T4H grant (option that offers a team approach to person-centered assistive technology consultation and technical assistance to help people with disabilities live more independently)

DHS contact information

DHS – Contact information includes an alphabetical list of all DHS departments, programs and resources.

Disability Services Division (DSD)

The DSD Response Center provides support to lead agency staff who administer DSD home and community-based services, programs and waivers. For more information, refer to CBSM – DSD Response Center.

CBSM – DSD lead agency resources includes helpful links about disability services, programs and waivers.

Licensing

Phone: 651-431-6500
Fax: 651-431-7673
Website: DHS – Licensing

Appeals

Phone: 651-431-3600
Fax: 651-431-7523
Website: DHS – Appeals
Mailing address:
Department of Human Services, Appeals Division
P.O. Box 64941
St. Paul, MN 55164-0941

Maltreatment or abuse reporting

To report maltreatment or abuse:

· Use the MN Adult Abuse Reporting Center online form.

· Call 844-880-1574