Agenda - Council - 05/28/1996 - Laserfiche WebLink

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In discussions with staff at the Mn Department of Corrections, Staff was informed that the incidence of problems in the community in which these types of foster homes are located is minimal because if the child is intending to misbehave or get into trouble, their first inclination is to get as far away from the foster home as possible. In preparing research for the 1995 McLafferty case, City Staff contacted some of the other communities that have foster homes licensed by the Mn Department of Corrections. Generally, the cities claimed that the foster group homes were not presenting any major nuisance problems. Ramsey police records indicate that there have been 22 incident calls to the McLafferty home from January, 1995 to January, 1996 (5 domestics, 2 assaults, 4 damage, to p. roperty, 5 runaway, 2 false alarm, I dog, 1 outdoor fin:e, 1 illness, and 1 offender regnstrauon). The City of St. Paul doesn't require special permitting for foster homes, no matter how many children are taken into the home, for various reasons. One is that foster homes are a social issue and not a zoning matter, it is the responsibility of the licensing agencies (the State and county) to insure and monitor quality programs. Secondly, the type of people who take on the job of foster care are few and should be affhrned rather than given another obstacle to overcome. Because foster parents are few and far between, the foster care home is a very random rather than concentrated use of land. Finally, under most law situations, foster children are considered part of the family and society cannot pick and choose what kind of kids wiIl be in the family next door. Conversely, there are those who feel that the line drawn between foster homes and correctional institutions is becoming blurred. State law does not allow the City to deny a group home such as the Applicant's, for six or fewer youth. However, State law does require the Applicant to obtain a conditional use permit, if the City so requires, when requesting a group home for more than six youth. Therefore, the issue is whether or not a conditional use permit should be issued for the additional two youth. The City's focus needs to be on the land use knpact resulting from the addition of two youth to the residence. 'in accordance with the Court order, the Planning Commission conducted a public hearing on May 7, 1996. The minutes of that hearing are enclosed for Council's review. Basically, the neighbors have not encountered problems with the youth under Mr. McLafferty's care, but questioned Mr. McLafferty's ability to be an effective foster father to two more youth. However, it was determined that Mr. McLafferty's capabilities are monitored by the licensing agencies and the City is charged with reviewing the conditional use permit application for two more youth at the residence based on the criteria established in City Code. The following items are enclosed: a) b) c) d) e) 0 g) Site location map Minnesota Stautes 462.357, Subd. 7 and 8 Findings of fact, conclusions of law, and order, dated March 15, 1996 and issued by the Anoka County District Court Planning Commission public hearing and regular minutes dated May 7, 1996 (draft) Proposed f'mdings of fact prepared by the Planning Commission Proposed findings of fact prepared by the Planning Commission and reviewed and revised by the City Attorney* Proposed conditional use permit * (Findings revised by the City Attorney are identified in bold print) I I I I I I I I I I I I I I I I