Minnesota Department of Human Services

August 19, 2011

License number: 105528 R2 PERSONAL SERVICE

Beverly Greenagel

4355 Lodgepole Drive

Eagan, MN 55122-1821

ORDER OF TEMPORARY IMMEDIATE SUSPENSION

Dear Ms. Greenagel,

Based upon a recommendation by Dakota County Social Services Department, pursuant to Minnesota Statutes, section 245A.07, the Commissioner of the Department of Human Services is immediately suspending your license to provide Family Child Care under the provisions of Minnesota Rules, parts 9502.0300 to 9502.0445 effective 12:01 a.m. on August 20, 2011. The reasons for the action are as follows:

Minnesota Statutes, section 245A.07 SANCTIONS

Subd. 2. Temporary immediate suspension. If the license holder's actions or failure to comply with applicable law or rule, or the actions of other individuals or conditions in the program pose an imminent risk of harm to the health, safety, or rights of persons served by the program, the commissioner shall act immediately to temporarily suspend the license. No state funds shall be made available or be expended by any agency or department of state, county, or municipal government for use by a license holder regulated under this chapter while a license is under immediate suspension. A notice stating the reasons for the immediate suspension and informing the license holder of the right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612 must be delivered by personal service to the address shown on the application or the last known address of the license holder. The license holder may appeal an order immediately suspending a license. The appeal of an order immediately suspending a license must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within five calendar days after the license holder receives notice that the license has been immediately suspended. If a request is made by personal service, it must be received by the commissioner within five calendar days after the license holder received the order. A license holder and any controlling individual shall discontinue operation of the program upon receipt of the commissioner's order to immediately suspend the license.

Dakota County Social Services Department received a report regarding your family child care home. The report is being investigated by Dakota County Social Services Department and Eagan Police Department. Because this report remains under investigation, it is confidential data under the Minnesota Government Data Practices Act, and cannot be released in this letter.

Due to the serious nature of the report under investigation, Dakota County Social Services Department cannot ensure the safety of the persons served in your program. The Commissioner of the Department of Human Services finds that the health, safety, and rights of children in your care are in imminent risk of harm. Therefore, the Commissioner is immediately suspending your license to provide Family Child Care.

You are also prohibited from operating as a legally unlicensed child care provider unless and until such time as this order is reversed upon appeal.

RIGHT TO APPEAL

You have the right to appeal the decision to immediately suspend your license and the right to a contested case hearing under Minnesota Statutes Chapter 14, and Minnesota Rules, parts 1400.8505 to 1400.8612. If you choose to appeal, you may not operate your program pending the outcome of the appeal. Your letter of appeal must be made in writing, and sent to the Commissioner by certified mail or personal service. If sent by certified mail, the request must be postmarked and sent to the Commissioner within five (5) calendar days after you receive this notice that your license has been immediately suspended. If a request is made by personal service, it must be received by the Commissioner within five (5) calendar days after you receive this notice.

The appeal should be addressed to:

Commissioner

Department of Human Services

c/o Licensing Division

Attention: Nancy Sackett, Unit Manager

PO Box 64242

St. Paul, MN 55164-0242

In addition to sending your letter of appeal by certified mail or personal service, you may fax it to

(651) 297-1490 to assure its receipt by the deadline.

POSTING LICENSING ACTION

Pursuant to Minnesota Statutes, section 245A.07, subdivision 5, you must post the Order of Temporary Immediate Suspension in a place that is conspicuous to the people receiving services and all visitors to the facility, even if you appeal the order.

Subd. 5. Requirement to post licensing order or fine. For licensed family child care providers and child care centers, upon receipt of any order of license suspension, temporary immediate suspension, fine, or revocation issued by the commissioner under this section, and notwithstanding a pending appeal of the order of license suspension, temporary immediate suspension, fine, or revocation by the license holder, the license holder shall post the order of license suspension, temporary immediate suspension, fine, or revocation in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. . .

If you have any further questions regarding this matter, you may contact Nancy Sackett, Unit Manager, at (651) 296-2587.

Sincerely,

DHS

Mary Kelsey, Supervisor

Division of Licensing

c: Joan Visnovec, Dakota County Social Services Department

PO Box 64242 Saint Paul, Minnesota 55164-0242 An Equal Opportunity and Veteran Friendly Employer
http://www.dhs.state.mn.us/licensing