|
June 15, 2022 Benjamin Christopher Adams, Authorized Agent Primrose School of Chanhassen 17732 Ballantrae Circle Eden Prairie, MN 55347-3435 License Number: 1064067 (Child Care Ctr) Program Location: 8950 Crossroads Blvd, Chanhassen, MN 55317 Dear Benjamin Christopher Adams: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 3, 5, and 9 from the Correction Order issued to you by the Department of Human Services on September 30, 2021. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 3. All crib brand names and model numbers were not checked annually against the U.S. Consumer Product Safety Commission website listing of unsafe cribs. Older Infants (Infant classroom). Crib brand names and model numbers were not checked in 2020. Infants (Infant classroom). Crib brand names and model numbers were not checked in 2020 for crib #3.
“Annual or “annually” means prior to or within the same month of the subsequent calendar year. Your Response. You stated that crib #3 has the same model number and crib name as cribs 1, 2, 4, 5, 6, 9, 10, and 11, and the teacher forgot to sign the box acknowledging that the teacher had checked crib #3 against the U.S. Consumer Product Safety Commission website. You also stated that the other cribs were new cribs and not due for annual certification. Applicable Law. Annually, from the date printed on the license, all license holder shall check all their cribs’ brand names and model numbers against the United States Consumer Product Safety Commission website listing of unsafe cribs. The license holder shall maintain written documentation to be reviewed on site for each crib showing that the review required in paragraph (a) has been completed, and which of the safety conditions applies. Minnesota Statutes section 245A.146, subdivision 3, paragraphs (a)-(c).
Reconsideration Determination. You did not maintain documentation that all cribs were checked annually against the list of unsafe cribs. The portion of the document labeled “Annual Certification of Crib” for crib #3 was not completed. Because the “Annual Certification of Crib” portion was empty, and there was no other documentation that a check was performed, there is sufficient evidence to support the violation that you failed to maintain written documentation that you checked all cribs on an annual basis. In addition, while you state that the other cribs were new cribs, when you discussed the issue during the exit interview, you identified Crib #13-16 as the new cribs. The citation for the older infant classroom was issued because cribs #9, 10, 11, and 12, did not have annual certification completed in 2020. Even if these cribs were the same model, license holders are required to maintain written documentation for each crib showing that the review was completed annually. This documentation was not available on-site for each crib’s 2020 check. Citation 3 is affirmed. Citation 5. The program did not have documentation on site to show that 1 of 3 (SP1) staff persons met the experience requirements of the assistant teacher job classification for which the staff person was employed (SP1). Your Response. You stated that SP1 possesses a Bachelor of Science Degree, ordered a new one because SP1 lost the original, and placed the new copy of the degree in SP1’s file. Applicable Law. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record must contain the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements specified in Minnesota Rules, part 9503.0033. Minnesota Rules, part 9503.0120, item B.
Reconsideration Determination. In this instance, SP1’s record did not have documentation that SP1 meets the requirements of their position. While SP1 may have had documentation (Bachelor of Science degree) that they met the requirements and ordered a new copy of that document, this documentation was required to be in the record maintained at the center. However, at the time of the licensing review, the documentation was not in the record maintained at the center. Citation 5 is affirmed. Citation 9. The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center's emergency plan was done in 2020. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Your Response. You stated that training was completed each year and signed by staff members, that all new staff will be required to read the emergency preparedness plan during training and will then participate in annual training, and that you added the dates that were missing on the required documentation. Applicable Law. The license holder for a licensed child care center must review and update the emergency plan annually. Documentation of the annual emergency plan review shall be maintained in the program’s administrative records. Minnesota Statutes section 245A.41, subdivision 3, paragraph (d).
Reconsideration Determination. During licensing review, the center did not have documentation in its records of the annual emergency plan review for 2020. Since the licensing review, you have corrected your documentation to show that the review was completed. However, during the licensing review, documentation of the 2020 review was not maintained in the program’s records. Citation 9 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 3, 5, and 9 are supported by the record and affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
|
