Arial'; font-size: medium; color: Black">Violation(s): Dakota County Social Services Department and law enforcement investigated the above report. It was determined that on the morning of January 25, 2013, you placed an infant in your care on its stomach in the lower level of your home. You stated that you first placed the infant on its back in a mesh sided crib for a nap and when the infant did not fall asleep, you placed the infant on its stomach on a blanket on the carpeted floor for “tummy time.” You stated that you played with the infant until the infant started to cry and appeared ready for a nap. You left the infant on its stomach in the lower level of your home and went upstairs to attend to another child. After approximately ten to fifteen minutes you returned to the lower level check on the infant and found the infant face down and unresponsive. You immediately began cardio pulmonary resuscitation and called 911. Emergency responders arrived at your home; however, the infant subsequently died.

As part of the investigation, law enforcement received conflicting information that you had placed the infant on its stomach in the mesh sided crib for “tummy time,” and that was where you found the infant unresponsive when you returned to the lower level of your home. Dakota County Social Services Department and law enforcement attempted to contact you in order to obtain further information to complete the investigation. You failed to respond to their attempts to contact you.

Dakota County Social Services Department determined that you failed to follow sudden infant death syndrome (SIDS) reduction requirements when you placed the infant on its stomach to sleep. During the investigation, you stated that you had received notices and were aware that infants were not to be placed on their stomach to sleep. Dakota County Social Services also determined you failed to provide adequate supervision to the infant when you left the infant on the lower level of your home and went upstairs to attend to other matters.

In a letter dated March 8, 2013, Dakota County Social Services Department notified you that you were found responsible for serious maltreatment (neglect) of a child; that you were disqualified from any position allowing direct contact with, or access to, persons served by DHS licensed programs; and of the right to request reconsideration.

On March 25, 2013, Dakota County Social Services received your request for reconsideration of the maltreatment determination and the disqualification determination. In a letter dated April 18, 2013, Dakota County notified you that the maltreatment and disqualification determinations were affirmed and of your right to request a fair hearing.

Due to the serious nature of the above violations; because you were found responsible for maltreatment of a child in your care; because you are disqualified from any position allowing direct contact with, or access to, persons receiving services in DHS licensed programs; because you failed to place an infant to sleep in accordance with SIDS reduction protocol and an infant in your care died; because you failed to provide adequate supervision to an infant; because you failed to comply with requests for additional information during an investigation; and, in order to protect the health, safety, and rights of persons served by DHS-licensed programs, your license to provide family child 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 family child 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 request a contested case hearing, and you request a fair hearing regarding the maltreatment and/or the disqualification determinations, the scope of the contested case hearing will include the revocation, the maltreatment determination, and your disqualification. In that case, a separate fair hearing would not be held regarding the maltreatment or disqualification determinations.

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 (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

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 questions regarding this matter, you may contact James Janecek, Unit Manager, at (651) 431-6602.

Sincerely,

DHS

Mary Kelsey, Supervisor

Division of Licensing

c: Becky Elrasheedy, 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

LLO_20872 : 1057511 Minnesota Department of Human Services

April 25, 2013

License number: 1057511 R02 CERTIFIED MAIL

Ann Quigley

7775 200th Street East

Hastings, MN 55033-9544

ORDER OF REVOCATION

Dear Ms. Quigley:

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 (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. 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.

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 exist. In conducting this evaluation, the commissioner shall apply the disqualification standards set forth in chapter 245C.

Subd. 7. Grant of license; license extension.

(e) Except as provided in paragraphs (g) and (h), 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 245A.04 APPLICATION PROCEDURES.

Subd. 5. Commissioner's right of access. When the commissioner is exercising the powers conferred by this chapter and sections 245.69, 626.556, and 626.557, the commissioner must be given access to the physical plant and grounds where the program is provided, documents and records, including records maintained in electronic format, persons served by the program, and staff whenever the program is in operation and the information is relevant to inspections or investigations conducted by the commissioner. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules. In conducting inspections, the commissioner may request and shall receive assistance from other state, county, and municipal governmental agencies and departments. The applicant or license holder shall allow the commissioner to photocopy, photograph, and make audio and video tape recordings during the inspection of the program at the commissioner's expense. The commissioner shall obtain a court order or the consent of the subject of the records or the parents or legal guardian of the subject before photocopying hospital medical records.

Minnesota Statutes, section 245A.1435 REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place the infant on the infant's back, unless the license holder has documentation from the infant's parent directing an alternative sleeping position for the infant. The parent directive must be on a form approved by the commissioner and must include a statement that the parent or legal guardian has read the information provided by the Minnesota Sudden Infant Death Center, related to the risk of SIDS and the importance of placing an infant or child on its back to sleep to reduce the risk of SIDS.

(b) The license holder must place the infant in a crib directly on a firm mattress with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be dislodged by pulling on the corner of the sheet. The license holder must not place pillows, quilts, comforters, sheepskin, pillow-like stuffed toys, or other soft products in the crib with the infant. The requirements of this section apply to license holders serving infants up to and including 12 months of age. Licensed child care providers must meet the crib requirements under section 245A.146.

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:

(f) "Neglect" means:

(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect; or

(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care.

Minnesota Statutes, section 245C.02 DEFINITIONS.

Subd. 18. Serious maltreatment. (a) "Serious maltreatment" means sexual abuse, maltreatment resulting in death, neglect 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 who is not receiving licensed services from the program;

(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; and

(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 conviction or admission is 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 9502.0315 DEFINITIONS.

Subp. 29a. Supervision. "Supervision" means a caregiver being within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver is capable of intervening to protect the health and safety of the child. For the school age child, it means a caregiver being available for assistance and care so that the child's health and safety is protected.

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.

Dakota County Social Services Department 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 January 25, 2013, immediately suspended your license to provide family child care. You did not appeal the immediate suspension. The immediate suspension of your license remains in effect.

Violation(s): Dakota County Social Services Department and law enforcement investigated the above report. It was determined that on the morning of January 25, 2013, you placed an infant in your care on its stomach in the lower level of your home. You stated that you first placed the infant on its back in a mesh sided crib for a nap and when the infant did not fall asleep, you placed the infant on its stomach on a blanket on the carpeted floor for “tummy time.” You stated that you played with the infant until the infant started to cry and appeared ready for a nap. You left the infant on its stomach in the lower level of your home and went upstairs to attend to another child. After approximately ten to fifteen minutes you returned to the lower level check on the infant and found the infant face down and unresponsive. You immediately began cardio pulmonary resuscitation and called 911. Emergency responders arrived at your home; however, the infant subsequently died.

As part of the investigation, law enforcement received conflicting information that you had placed the infant on its stomach in the mesh sided crib for “tummy time,” and that was where you found the infant unresponsive when you returned to the lower level of your home. Dakota County Social Services Department and law enforcement attempted to contact you in order to obtain further information to complete the investigation. You failed to respond to their attempts to contact you.

Dakota County Social Services Department determined that you failed to follow sudden infant death syndrome (SIDS) reduction requirements when you placed the infant on its stomach to sleep. During the investigation, you stated that you had received notices and were aware that infants were not to be placed on their stomach to sleep. Dakota County Social Services also determined you failed to provide adequate supervision to the infant when you left the infant on the lower level of your home and went upstairs to attend to other matters.

In a letter dated March 8, 2013, Dakota County Social Services Department notified you that you were found responsible for serious maltreatment (neglect) of a child; that you were disqualified from any position allowing direct contact with, or access to, persons served by DHS licensed programs; and of the right to request reconsideration.

On March 25, 2013, Dakota County Social Services received your request for reconsideration of the maltreatment determination and the disqualification determination. In a letter dated April 18, 2013, Dakota County notified you that the maltreatment and disqualification determinations were affirmed and of your right to request a fair hearing.

Due to the serious nature of the above violations; because you were found responsible for maltreatment of a child in your care; because you are disqualified from any position allowing direct contact with, or access to, persons receiving services in DHS licensed programs; because you failed to place an infant to sleep in accordance with SIDS reduction protocol and an infant in your care died; because you failed to provide adequate supervision to an infant; because you failed to comply with requests for additional information during an investigation; and, in order to protect the health, safety, and rights of persons served by DHS-licensed programs, your license to provide family child 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 family child 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 request a contested case hearing, and you request a fair hearing regarding the maltreatment and/or the disqualification determinations, the scope of the contested case hearing will include the revocation, the maltreatment determination, and your disqualification. In that case, a separate fair hearing would not be held regarding the maltreatment or disqualification determinations.

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 (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

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 questions regarding this matter, you may contact James Janecek, Unit Manager, at (651) 431-6602.

Sincerely,

DHS

Mary Kelsey, Supervisor

Division of Licensing

c: Becky Elrasheedy, 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