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09/09/03 15:13 FAX LC8500 ~006
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<br />241.021 DEPARTMENT OF CORRECTIONS
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<br />336
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<br /> requirements of subdivision 2a, the commissioner of corrections shall review all county,
<br /> municipal .or other publicly established and .operated facilities for,the detention,, care
<br /> and training of delinquent children and youth at least onde every biennium, and if such
<br /> facility conforms to reasonable standards established by :the commissioner or in the
<br /> commissioner's judgment is making satisfactory progress toward substantial conformity
<br /> therewith, and .the commissioner is .satisfied that .the interests and well-being of
<br /> children, and youth received therein are protected,-, the commissioner shall grant a
<br /> license to the county, municipality or agency thereof operating such facility. The
<br /> commissioner may grant lieensure up to two .years. Each such facility, shall cooperate
<br /> with the commissioner to make available, all facts'regarding its operation and services
<br /> as the commissioner requires .to determine its. conformance to standards and its
<br /> competence to give the services needed and' which it purports to g{ve. Every such
<br /> facility as herein described is subject to visitation and supervision by the commissioner
<br /> and shall receive from the commissioner consultation as needed to strengthen services
<br /> to the children and youth received therein.
<br />Subd. 2a. Notification of affected municipality. The commissioner must not issue a
<br />license without giving 30 calendar days' written notice to any. affected., municipality or
<br />other political subdivision unless the facility has a licensed .capacity. of six or fewer
<br />persons and is occupied by either the Iieensee or the gr0upfoster home parents. The
<br />notification must be given before the first issuance of a license and annually after that
<br />time if annual notifiCation.is requested in writir]g by a0Y affected municipality or other
<br />politi6al SUbdivision. stat6 fund's must ~not be made available to or be spent by an
<br />agency .or' department o/~ state, county, or municipal government ~0r payment to a
<br />foster care facility licensed under subdivision .2 until the provisions of this subdivision
<br />have been compliedwith in full.
<br /> Subd. 2b. Licensing pr°hibition for certain ju~eniie faCilities. The commissioner
<br /> may not:
<br /> (1) issue a license under this section to..operate a:correctional facility for the
<br /> detention or confinement of juvenile Offenders if the facility accepts juveniles who
<br /> reside outside of Minnesota without an agreement with the entity placing the juvenile
<br /> '.at the facility that 'obligates the entity to pay the education~i expenses of the.juvenile;
<br /> or
<br /> (2) renew a license Under this section to operate a correctional facility for the
<br /> detention or confinement of juvenile Offenders if the facility accepts juveniles who
<br /> reside outside of Minnesota without an agreement with the entity placing .the juvenile
<br /> at the facility that obligates the entity .to pay .the educational expenses of the juvenile.
<br /> Subd. 3. Revocation of license. When after due notice and hearing, the commission-
<br /> er of corrections .determines that /ny facility described,in .subdiv/sion 2 does not
<br /> substantially conform to the reasonable .'standards therein, provided .or is not making
<br /> satisfactory progress toward substantial COmpl'iance..therewith, the commissioner may,
<br /> 'with the consent of the judge of the district .court,. issue an order revoking-the license of
<br /> that facility, After revocation of its ticense~ :that facility .shall'. not be ,used for the care
<br /> and training of delinquent children, or for their detention until its license is..renewed.
<br /> Subd. 4. Health cai-e: The commissioner of corrections' shall, provide professional
<br /> health care to persons confined in institutions under the control, of the commissioner of
<br /> corrections and pay the 'coS=tS'of .their care"in 1/ospitali and other'medical 'facilities not
<br /> 'ander the control.' bf.:the!~ eommissi,oner of corrections;.' All., r~imbursements for 'these
<br /> health care services shall be deposited in the general .fund. The commis~lOner :of
<br /> .corrections is auth0rized,.to:conffaot, with 'or~reimburs/~:,enfities, including health care
<br /> management .companies;., to ,provide health, care to ir/mates, at reimbursement,rates
<br /> equal ~ to. medical assistanee:.unless i otherwise 'negotiated..With respect to.: these :eon-
<br /> tracts, these entities,;shall not :be regulated, as, or.othervirise.considered to.be; health
<br /> plan companies as defined in section 62Q.01, subdiv, ision
<br /> "Subd., 4a,.~'.'Chemic~l...depend,ency~:treatment ~prOgrams; All.,. residential., chemical
<br /> dependency treatraent ,~progt. ams.operated ~by. ~the~ commissioner :gl '.correetions..to .treat
<br /> adults eommitted'.to, the.' 'commissioner~s...cUstody shall complY..,With th~ standards
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