MN SF446

Out-of-home respite care services for children must generally be provided in licensed settings by license holders with home and community-based services licenses

Unlicensed residential settings may be used if specific conditions are met: background studies completed, case manager assessments conducted annually, legal representative authorization obtained, and no more than 4 children served at once with individual bedrooms required

Services in unlicensed settings are limited to 46 calendar days per year and 10 consecutive days maximum per family, and children may only receive services in up to 2 unlicensed settings per calendar year

The exemption for unlicensed settings does 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