Minnesota Department of Human Services

August 17, 2012

License number: 1014833 CFC CERTIFIED MAIL

Sy and Moua Soua Mouacheupao

2161 Buhl Avenue

North St. Paul, MN 55109

ORDER OF REVOCATION

Dear Mr. Mouacheupao and Ms. Mouacheupao:

Based upon a recommendation by Ramsey County Community Human Services Department pursuant to Minnesota Statutes, section 245A.07, the Commissioner of the Department of Human Services is revoking your license to provide Child Foster Care under the provisions of Minnesota Rules, parts 2960.3000 to 2960.3340. 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. 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 626.556 REPORTING OF MALTREATMENT OF MINORS.

Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:

(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse.

Minnesota Statutes, section 245C.02 DEFINITIONS.

Subd. 16. Recurring maltreatment. "Recurring maltreatment" means more than one incident of maltreatment for which there is a preponderance of evidence that the maltreatment occurred and that the subject was responsible for the maltreatment.

Subd. 18. Serious maltreatment. (a) "Serious maltreatment" means sexual abuse, maltreatment resulting in death, maltreatment resulting in serious injury which reasonably requires the care of a physician whether or not the care of a physician was sought, or abuse resulting in serious injury.

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 the 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 2960.3000 FOSTER FAMILY SETTINGS.

Subpart 1. Purpose and applicability. Parts 2960.3000 to 2960.3100 establish the minimum standards that a foster family setting must meet to qualify for licensure. Parts 2960.3200 to 2960.3230 contain requirements for foster residence settings. Additional licensing requirements for foster family settings that offer treatment foster care are in parts 2960.3300 to 2960.3340.

Minnesota Rules, part 2960.3020 LICENSING PROCESS.

Subp. 11. Denial of license. The commissioner of human services or corrections shall deny a license if the applicant fails to fully comply with laws or rules governing the program or fails to cooperate with a placing or licensing agency. Failure to fully comply shall be indicated by:

C. documentation of a disqualification of the applicant for licensure or relicensure, or the controlling individual regarding a background study which has not been set aside . .

Violation(s): Ramsey County Child Protection investigated a report regarding your child foster care home. It was determined that Mr. Mouacheupao sexually abused children in your foster care home. Ramsey County determined maltreatment (sexual abuse) occurred for which Mr. Mouacheupao was responsible.

In letters dated March 27, 2012, and April 26, 2012, Ramsey County Community Human Services Department notified Mr. Mouacheupao that he was found responsible for maltreatment, the resulting disqualification, and the right to request reconsideration. The disqualification was the result of Ramsey County’s determination that the maltreatment was serious and recurring. Mr. Mouacheupao requested reconsideration of the maltreatment and disqualification determinations. In a letter dated May 16, 2012, Ramsey County notified Mr. Mouacheupao that the maltreatment and disqualification determinations were affirmed and of the right to request a fair hearing. Mr. Mouacheupao has requested a fair hearing.

Due to the serious and chronic nature of the above violations; because Mr. Mouacheupao was found responsible for maltreatment of children; because Mr. Mouacheupao is disqualified from any position allowing direct contact with, or access to, persons served by DHS licensed programs; and, in order to protect the health, safety and rights of children receiving services in DHS licensed programs, your license to provide child foster care is revoked.

Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), the license holder shall forfeit a $1,000 fine for each determination of maltreatment of a minor under section 626.556. Because the Commissioner is revoking your license to provide child foster care, the fine is not being assessed.

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 appeal the revocation of your license, pursuant to Minnesota Statutes, sections 245A.08 and 245C.28, the scope of the contested case hearing will include Mr. Mouacheupao’s maltreatment and disqualification determinations. In that case, a separate fair hearing would not be held regarding the maltreatment and disqualification determinations.

If you choose to appeal the revocation of your child foster care 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 (10) 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 (10) calendar days after you receive this notice. The appeal should be addressed to:

Commissioner, Department of Human Services

Office of Inspector General

Licensing Division

Attention: Family Systems Unit

PO Box 64242

St. Paul, Minnesota 55164-0242

A timely request for a contested case hearing shall stay the child foster care license revocation until the Commissioner issues a final order.

If you have any further questions regarding this matter, you may contact Molly Kelly at (651) 431-6548.

Sincerely,

DHS

Mary Kelsey, Supervisor

Licensing Division

Office of Inspector General

c: Gayle Kittleson, Ramsey County Community Human Services Department

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