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August 5, 2022 Ann Terlizzi, Authorized Agent Trevor B. Johnson, Senior Director Lutheran Social Service 2485 Como Ave St. Paul, MN 55108 License Number: 801447 (Rule 4) Dear Ms. Terlizzi and Mr. Johnson: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation #2 in the Correction Order issued to you by the Department of Human Services on April 15, 2022. You did not challenge the correctness of any of the other citations. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 2. Minnesota Statutes, section 245A.04, subdivision 1(d). Violation: The agency provided a separate grievance policy for each program area. In addition, the services contacts provided by the program included grievance policy information that was inconsistent with the grievance policy provided. The service contract for pregnancy and birth parents, did not include all of the required information. The violations are noted below; however, the agency must develop one grievance policy: · The TFC program’s policy identified the Chief Family Services Officer and the FCA policy identified the President as the highest level of authority in your program. The highest level of authority in your agency is the board of directors and therefore, the grievance procedure must allow for clients to bring grievances to the board. · The services contact for pregnancy and birth parents does not have the complete grievance policy in the contact. It identifies if the client wants to file a grievance, they are to contact SP14. · The policies identified the number of days the client has to submit a grievance and to ask for reconsideration of a determination. However, the policies do not provide a timeline that LSS will review and respond to the grievance. · The FCA policy provided and the policies listed in the services contracts for FCA, infant adoption, and international adoption are inconsistent with timelines. For example, the “Client Grievance Policy” identifies a license holder or applicant has five working days to file an appeal. However, in the “Foster Care Adoption Services Contract”, it states that an appeal must be made within ten working days. Repeat Violation: The first bullet above is a repeat licensing violation. The license holder was cited for a similar violation in a correction order dated January 31, 2020. Your Response. You state that: (1) the first bullet cited above is not a repeat licensing violation; (2) Citation #5 in the January 31, 2020 Correction Order stated (in part) that the “agency did not provide information regarding the grievance procedure for an applicant or license holder to bring a grievance to the highest level of authority in the program;” (3) the citation did not mention the grievance policy or related concerns; and (4) in 2020, the agency revised the grievance policy, and DHS approved the revision. Reconsideration Determination. Minnesota Statutes, section 245A.04, subdivision 1 (d) states that “[a]n applicant and license holder must have a program grievance procedure that permits persons served by the program and their authorized representatives to bring a grievance to the highest level of authority in the program.” The violation in Citation 2 in the 2022 Correction Order and the violation in Citation 5 in the 2020 Correction Order both violated Minnesota Statutes, section 245A.04, subdivision 1(d): · In 2022, the agency violated this statute by identifying the Chief Family Services Officer and the FCA policy identified the President as the highest level of authority in your program rather than board of directors. · In 2020, the agency violated this statute by not providing information regarding the grievance procedure for an applicant or license holder to bring a grievance to the highest level of authority in the program. Therefore, Citation 2 is a repeat violation. The record supports this citation, and it is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. The citations, including Citation 2, are supported by the record and are 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,
Jill Johnson Sholts, Attorney Legal Counsel’s Office Office of Inspector General
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