MN HF728

Out-of-home respite care services for children must generally be provided in licensed settings under home and community-based services licenses, with specific exemptions available for unlicensed residential settings

Unlicensed settings may be used if background studies are completed, case managers conduct annual assessments, legal representatives authorize services in writing, and no more than 4 children receive services at once (each requiring individual bedrooms unless siblings)

Services in unlicensed settings are limited to 46 calendar days per year and 10 consecutive days per family, and children may not receive services in more than 2 unlicensed residential settings annually

Exemptions do not apply to children in foster care, and services cannot be provided to children and adults over 21 in the same residence simultaneously

Effective January 1, 2026, or upon federal approval, whichever is later