Minnesota Department of Human Services

January 31, 2012

License number: 1011872 R02 CERTIFIED MAIL

Trudy Hagert

100 150th Street

Apple Valley, MN 55124

ORDER OF REVOCATION

Dear Ms. Hagert:

Based upon a recommendation by Dakota County Social Services, pursuant to Minnesota Statutes, section 245A.07, the Commissioner of the Department of Human Services (DHS) is revoking your license to provide Family Child Care under the provisions of Minnesota Rules, parts 9502.0300 to 9502.0445. The reasons for the action are as follows:

Minnesota Statutes, section 245A.07 SANCTIONS.

Subd.1. Sanctions; appeals; license. (a) In addition to making a license conditional under section 245A.06, the commissioner may suspend or revoke the license, impose a fine, or secure an injunction against the continuing operation of the program of a license holder who does not comply with applicable law or rule. When applying sanctions authorized under this section, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.

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 . . .

Subd. 3. License suspension, revocation, or fine. (a) The commissioner may suspend or revoke a license, or impose a fine if a license holder fails to comply fully with applicable laws or rules, if a license holder, a controlling individual, or an individual living in the household where the licensed services are provided or is otherwise subject to a background study has a disqualification which has not been set aside under section 245C.22, or if a license holder knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules. A license holder who has had a license suspended, revoked, or has been ordered to pay a fine must be given notice of the action by certified mail or personal service. If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the license was suspended, revoked, or a fine was ordered.

Minnesota Statutes, section 245A.04 APPLICATION PROCEDURES.

Subd. 6. Commissioner's evaluation. Before issuing, denying, suspending, revoking, or making conditional a license, the commissioner shall evaluate information gathered under this section. The commissioner's evaluation shall consider facts, conditions, or circumstances concerning the program's operation, the well-being of persons served by the program, available consumer evaluations of the program, and information about the qualifications of the personnel employed by the applicant or license holder.

The commissioner shall evaluate the results of the study required in subdivision 3 and determine whether a risk of harm to the persons served by the program exists. In conducting this evaluation, the commissioner shall apply the disqualification standards set forth in chapter 245C.

Subd. 7. Grant of license; license extension.

(e) The commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been granted.

Minnesota Statutes, section 245C.03 BACKGROUND STUDY; INDIVIDUALS TO BE STUDIED.

Subd. 1. Licensed programs. (a) The commissioner shall conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program will be provided;

(3) current or prospective employees or contractors of the applicant who will have direct
contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served by the program to provide program services if the contact is not under the continuous, direct supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will be
provided when the commissioner has reasonable cause;

(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause…

Minnesota Statutes, section 245C.14 DISQUALIFICATION.

Subd.1. Disqualification from direct contact. (a) The commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity identified in section 245C.03, upon receipt of information showing, or when a background study completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section 245C.15; regardless of whether the conviction or admission is a felony, gross misdemeanor, or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15; regardless of whether the preponderance of evidence is for a felony, gross misdemeanor, or misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section 245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section 245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with persons served by a program or entity identified in section 245C.03, unless the commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual under section 245C.30.

Subd. 2. Disqualification from access. (a) If an individual who is studied under section 245C.03, subdivision 1, clauses (2), (5), and (6), is disqualified from direct contact under subdivision 1, the commissioner shall also disqualify the individual from access to a person receiving services from the license holder.

(b) No individual who is disqualified following a background study under section 245C.03, subdivision 1, clauses (2), (5), and (6), or as provided elsewhere in statute who is disqualified as a result of this section, may be allowed access to persons served by the program unless the commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that licensed program or entity identified in section 245C.03 as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual under section 245C.30.

Minnesota Rules, part 9502.0325 LICENSING OF FACILITIES FOR CHILDREN FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES.

Subp. 1. Purpose. The purpose of parts 9502.0315 to 9502.0445 is to establish procedures and standards for licensing family day care and group family day care homes to ensure that minimum levels of care and service are given and the protection, proper care, health, safety, and development of the children are assured.

Minnesota Rules, part 9502.0335 LICENSING PROCESS.

Subp. 6. Disqualification factors. An applicant or provider shall not be issued a license or the license shall be revoked, not renewed, or suspended if the applicant, provider, or any other person living in the day care residence or present during the hours children are in care, or working with children:

D. Has a disqualification under Minnesota Statutes, section 245C.15, that is not set aside under Minnesota Statutes, section 245C.22, or for which a variance has not been granted under Minnesota Statutes, section 245C.30.

Minnesota Rules, part 9502.0355 CAREGIVER QUALIFICATIONS.

Subp. 2. Health. An adult caregiver shall be physically able to care for children.

Dakota County Social Services received a report regarding your family child care home. The Commissioner of the Department of Human Services (DHS) determined that the health, safety, and rights of children in your care were in imminent risk of harm and in an order dated November 14, 2011, immediately suspended your license to provide family child care. The immediate suspension of your license remains in effect.

Violation(s): Dakota County Social Services and law enforcement investigated the above report regarding an altercation between you and another individual. In a letter dated December 14, 2011, Dakota County Social Services notified you that you were disqualified from any position allowing direct contact with; or access to, persons receiving services in DHS-licensed programs, and of the right to request reconsideration. A request for reconsideration was not submitted. Therefore, pursuant to Minnesota Statutes, section 245C.29, the disqualification is now conclusive.

In addition, during the investigation it was determined that in May 2011 and November 2011, you made threats or attempts of self-harm.

Because you are disqualified from any position allowing direct contact with, or access to persons served by DHS-licensed programs; because your attempts to harm yourself do not demonstrate your ability to safely provide care to children; and in order to protect the health, safety, and rights of children receiving services in DHS-licensed programs, your license to provide family child care is revoked.

RIGHT TO APPEAL

You have the right to appeal this decision and the right to a contested case hearing under Minnesota Statutes Chapter 14, and Minnesota Rules, parts 1400.8505 to 1400.8612. If you request a contested case hearing, the scope of the contested case hearing will not include the disqualification because the disqualification is now conclusive, as explained above.

If you choose to appeal the revocation of your license, the request 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 ten calendar days after you receive this notice that your license was revoked. If a request is made by personal service, it must be received by the Commissioner within ten calendar days after you receive this notice.

The appeal should be addressed to:

Commissioner, Department of Human Services

c/o Division of Licensing

Attn: Nancy Sackett, Unit Manager

PO Box 64242

St. Paul, Minnesota 55164-0242

Be advised that pursuant to Minnesota Statutes, section 245A.07, subdivision 2a (c), if you appeal the revocation of your license, you continue to be prohibited from operating your family child care program pending a final commissioner's order regarding the final licensing sanction.

POSTING LICENSING ACTION

Pursuant to Minnesota Statutes, section 245A.07, subdivision 5, you must post the Order of Revocation 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) 431-6602.

Sincerely,

DHS

Mary Kelsey, Supervisor

Division of Licensing

c: Becky Elrasheedy, Dakota County Social Services

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