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In general, residential facilities providing support services must be licensed by the Minnesota Department <br />of Health (MDH) to operate in the state. MDH is responsible for setting health and safety standards for <br />facilities and for setting quality standards for certain support services. In addition, certain treatment and <br />support programs provided at facilities must be licensed by the Minnesota Department of Human Services <br />(DHS), and most must meet OHS standards to receive state and federal funding. <br />htto://www.house.lee.state.mn.us/hrd/ciubs/hhsfacl.pdf <br />The guidebook describes facilities that provide both residential and support services and summarizes the regulatory <br />authority of MDH and DHS. It has some useful lists in the appendix, that provide statute and rule along with the <br />common name (such as "Rule 32" and the like). As to which type of facility it is that is subject of your application, I'm <br />not sure I would want to hazard a guess. Rather I would ask applicant about nature and status of license. And, as far as I <br />know, a state licensed 30 day in patient facility would fall within the protection of the statute. The fact that the patients <br />reside short-term would not seem to make a difference. <br />I would also point out that quite apart from the protections of 462.357, a city involved in the zoning of group homes <br />should keep in mind the federal protections of the Fair Housing Act Amendments. Here is a Zink to useful discussion of <br />that topic: htto://www.iustice.gov/crt/housing/final8 1.ohp <br />I hope this response is helpful. Please call me at 651-281-1247 if you would like to discuss. <br />This information is provided for general purposes and is not intended as specific legal advice. Please consultthe city <br />attorney for specific legal advice. <br />Thanks, <br />Jed <br />Jed Burkett l Land Use Loss Control Attorney <br />Tel: (651) 281-1247 l Fax: (651) 215-4140 <br />iburkett( lmc.orq l www.imc.oro <br />League of Minnesota Cities Insurance Trust <br />145 University Ave. West i St. Paul, MN 55103 <br />Connecting & Innovating since 1913 <br />From: Tim Gladhill[mailto:tgladhill@ci.ramsey.mn.us] <br />Sent: Thursday, July 15, 2010 10:19 AM <br />To: Burkett, Jed <br />Cc: William Goodrich; Amber Miller <br />Subject: State Licensed Residential Facility <br />Jed: <br />The City of Ramsey has received an application for a (from the application): <br />"10,945 sq. ft., one story treatment center for the chemically dependent" <br />It is our understanding from discussions with the Applicant that this is to be a 30 day in -patient care facility. The Subject <br />Property is zoned R-3 High Density Residential. Minn. Stat. 462.357 Subd. 8 states [...) a state licensed residential facility <br />2 <br />42 <br />