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August 4, 2022 Rachel Jee Crowley, Authorized Agent Tierra Encantada Hiawatha 4008 Minnehaha Avenue Minneapolis, MN 55406-3306 License Number: 1101032 (Child Care Ctr) Program Location: 4012 Minnehaha Avenue, Minneapolis, MN 55406-3306 Dear Rachel Jee Crowley: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 2 and 8 from the Correction Order issued to you by the Department of Human Services on September 23, 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 CITATIONS AND RECONSIDERATION DETERMINATION: Citation 2. Food allergy information was not readily available to staff where food is: prepared; and served. Infant-B (Infant classroom), Toddler-D (Toddler classroom), Toddler-B (Toddler classroom) and Infant-C (Infant classroom) Food allergy information for children with known allergies did not contain: specific triggers, avoidance techniques, symptoms of allergic reaction, procedures for responding to allergic reaction, including: medication, dosage and Dr. contact information. Facility (Facility) Food allergy information for children with known allergies in the kitchen, did not contain: specific triggers, avoidance techniques, symptoms of allergic reaction, procedures for responding to allergic reaction, including: medication, dosage and Dr. contact information. Your Response. You stated that the licensor’s request for allergy information was lost in translation and that you maintain all required allergy information on site, including in the kitchen. Applicable Law. A child’s allergy information must be available at all times including on site, when on field trips, or during transportation. A child’s food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d). Allergy information must include, at a minimum, allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction, including medication, dosages, and a doctor's contact information. Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d).
Reconsideration Determination. Both DHS licensors worked with staff to obtain the specific allergy information that the licensors requested. There was no issue in communicating with staff to obtain the requested information, as (1) the director was informed that a translator was available if necessary, (2) the director spoke English fluently, and (3) the director assisted the licensors in obtaining the requested allergy information. A child’s food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Staff provided allergy-related documentation in the toddler and infant classrooms and kitchen. While the documentation provided did contain documentation with some allergy information – the information documented was limited to the names of children and their allergens. A significant portion of required information (specific triggers, avoidance techniques, symptoms of allergic reaction, and procedures for responding to allergic reaction including medication, dosage, and doctor contact information) was not included in the documentation provided, and not otherwise available in each classroom and the kitchen. After obtaining the initial documentation provided in a classrooms and kitchen, DHS licensors asked the director if there was any other allergy documentation, including allergy individual child care program plans (ICCPP), available in those areas. The director confirmed that there was no other allergy information or documentation in those areas. There is sufficient evidence to support the violation, and Citation 2 is upheld. Citation 8. The program did not comply with the reporting requirements for abuse and neglect; staff persons were not aware of the reporting requirements for abuse and neglect. One of four staff persons stated that they would notify the program director if they suspected abuse or neglect of a child. Your Response. You stated that the staff persons know that they should report maltreatment or abuse directly to the state and not to the director, and that in answering the licensor’s question, the meaning of her question was lost in translation. Applicable Law. The license holder must comply with the reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E. Minnesota Rules, part 9503.0130, subpart 1. A child care professional who knows or has reason to believe a child is being maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department. Minnesota Statutes, section 260E.06, subdivision 1.
Reconsideration Determination. In this case, the staff person at issue was a teacher in a child care center, and as such was required to make reports of suspected maltreatment to DHS, the county welfare agency, or law enforcement. The request for reconsideration states that the staff person did not understand the DHS licensor’s question. However, the record indicates that this particular staff person did not have issues communicating in English with the DHS licensor. This staff person initiated a conversation with the DHS licensor in English, spoke to the licensor completely in English during their conversation, and gave no indication that he did not understand what was being discussed. This staff person stated they would call the director they suspected maltreatment, or if the director wasn’t available, the next higher-up staff available.
Because this staff person did not know that they should report suspected maltreatment directly to DHS, there is sufficient evidence to support the violation, and Citation 8 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 2 and 8 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
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