Page posted: 12/14/20

Page reviewed:

Page updated: 6/12/23

Legal authority

Federally approved BI, CAC, CADI, and DD waiver plans, Minn. Stat. Chapter 245A, Minn. Stat. Chapter 245D, Minn. Stat. §252.28, Minn. Stat. §256B.092, Minn. Stat. §256B.49, Minn. Stat. Chapter 256N, Minn. Stat §260C.001, Minn. Stat. §260C.4411, Minn. Stat. §260C.451, Minn. Stat. §260D.01, Minn. R. 2960.3000 to 2960.3340, Minn. R. 9555.5105 to 9555.6265, Minn. Stat. §260C.461

Applicability

The information on this page applies to home and community-based services (HCBS) family residential services on the following waivers:

Difference between family residential services and community residential services

Family residential services are provided in a licensed family foster care setting where the license holder resides in the home.

Community residential services are provided in a corporate foster care or community residential setting (CRS), using a shift-staff model. For more information, refer to CBSM – Community residential services.

Definitions

Family residential services: Services that provide training and/or habilitation, ongoing residential care and supportive services to adults and/or children in a licensed family foster care setting where the license holder resides in the home. These services are individualized and based on the needs of the person, as identified in the support plan.

Family foster care setting: A licensed family foster care setting where the license holder resides in the home. A setting can be licensed as an adult family foster care setting and/or a child family foster care setting.

Life sharing: A relationship-based living arrangement that carefully matches an adult age 18 or older who has a disability with an individual or family who will share their life and experiences and support the person using person-centered practices. In this arrangement, family residential services can be authorized for ongoing support services. For more information, refer to the life-sharing section.

Covered services

Family residential services cover training and/or habilitation, ongoing residential care and supportive services that are individualized and based on the person’s needs. This may include increasing and maintaining the person’s physical, intellectual, emotional and social function in the following areas:

There are additional covered services for children. For more information, refer to the family residential services for children section.

Non-covered services

Family residential services do not cover:

Remote support

Family residential services can be delivered through remote support. Services delivered through remote support must meet all the requirements listed on CBSM – Remote support.

Size and location

The total number of people who reside in a living setting cannot be more than four. This means four people not related to the principal care provider.

Exceptions to size limit

The size limitation does not apply to:

For the above situations, the setting can continue to provide services up to the approved license capacity.

Emergency situations

DHS may approve an exception to the size limit of four during emergency situations when the setting is needed to prevent a person’s placement in a hospital, regional treatment center or nursing facility.

For purposes of this provision, emergency situations are defined as any of the following:

A setting may receive this exception if up to five people live in the setting and are unrelated to the principal care provider. If approved, this exception cannot exceed two years.

There are other situations in which the license holder can request an exception to the size limit of four. For more information, refer to CBSM – Changes to the size of setting by waiver service.

Submitting an exception request

To submit an exception request, the lead agency must contact its assigned regional resource specialist (RRS).

Setting connected to an institution

The lead agency cannot authorize family residential services for people on BI, CAC, CADI and DD waivers who reside in a living setting adjoined to or on the same property as one of the following:

Collocated settings

When a single provider leases or owns more than one service setting located on the same or adjoining property, the lead agency can only authorize services in one of the settings. A service setting includes a setting used to deliver any of the following services:

Collocated setting exceptions

Setting status: The provider maintains ownership/control of the setting, and the 2017/2018 HCBS attestation/validation process determined HCBS setting compliance. In this situation:

Setting status: There was a sale or transfer of ownership to a new provider, and the 2017/2018 HCBS attestation/validation process determined HCBS setting compliance. In this situation:

Provider standards and qualifications

When a person lives in a licensed residential setting, all federal, state and/or licensing agency rules and regulations must be followed.

Family residential services are enrollment-required services. For more information, refer to CBSM – Waiver/AC service provider overview.

A family residential services provider must have a service license under Minn. Stat. Chapter 245D as an intensive support services provider.

The requirements for the setting license are different for adults and children. For more information, refer to:

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.

Background studies

To provide family residential services, providers must have a background study. For more information, refer to CBSM – Waiver/AC service provider overview – Required DHS background studies for direct-contact services.

Authorization, rates and billing

Family residential services are framework services. The lead agency uses the Rate Management System (RMS) to determine rates. For more information, refer to CBSM – RMS and Long-Term Services and Supports (LTSS) Service Rate Limits, DHS-3945 (PDF).

Find a family residential support provider

To find a list of licensed family residential service providers in Minnesota, refer to DHS licensing information lookup.

To find licensed service providers, refer to MinnesotaHelp.info.

Additional service information

Refer to the following sections:

DD Waiver only

Family residential services meet the habilitation requirement for the DD Waiver. For more information about this requirement, refer to CBSM – Habilitation.

Own home

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

Setting requirements

Family residential services can only be provided to adults in settings licensed as an adult family foster care setting under Minn. R. 9555.5105 to 9555.6265 where the foster care setting license holder lives in the home.

Room and board funding

Waiver resources cannot pay for room and board. The Housing Support (formerly GRH) allocation pays for room and board for eligible adults. The lead agency financial worker determines both the amount of the adult’s resources used for room and board and the Housing Support room and board payments, as applicable. For more information, refer to DHS – Housing Support.

Additional covered services

In addition to the services listed in the covered services section, family residential services covers the provision of protection, supervision, household services, living-skills assistance and training/assistance with safeguarding cash resources for children.

The lead agency may authorize family residential services when the scope of services assessed and identified in the child’s support plan exceeds both:

Setting requirements

Children younger than age 18 old who receive family residential services must live in a child family foster care home licensed according to Minn. R. 2960.3000 to 2960.3340 where the license holder lives in the home.

Secondary information

Court order or voluntary placement agreement

Counties/tribal nations are responsible for placement, care and supervision of a child in foster care settings through a court order or voluntary placement agreement.

Minnesota Assessment of Parenting for Children and Youth (MAPCY)

MAPCY is an assessment tool under Northstar Care for Children that determines foster care maintenance and supplemental difficulty of care payment rates for children placed in family foster care and corporate foster care settings licensed to provide child foster care.

When a child turns 18

If a child is in a foster care setting on their 18th birthday, they might be eligible for foster care maintenance payments until they are age 21 (also referred to as “extended foster care”). Foster care maintenance payments are determined using the same rates and processes as children younger than age 18. When a person is eligible for extended foster care, the lead agency may authorize child community residential services or family residential services until the person is no longer determined eligible for extended foster care. For more information, refer to DHS – Extended foster care to age 21.

If a child in a foster care setting turns 18 and is not eligible for extended foster care, the waiver service changes from child family residential services to adult family residential services.