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July 27, 2022 Jay Elrico Alexander, Authorized Agent Gretchen Hengemuhle, Director of Licensing & Credentials South Branch Early Childhood Family Development Center 700 Humboldt Ave N Minneapolis, MN 55411-3931 License Number: 804605 (Child Care Center) Program Location: 7145 Harriet Ave S, Richfield, MN 55423 Dear Mr. Alexander and Ms. Hengemuhle: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of one of the two citations from the Correction Order issued to you by the Department of Human Services on December 27, 2021. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 2. The risk reduction plan did not include specific policies and procedures to ensure adequate supervision of children at all times, with particular emphasis on: • times when children are transitioned from one area within the facility to another; • naptime supervision; • child drop-off and pick-up times; • supervision during outdoor play and on community activities, including but not limited to field trips and neighborhood walks; and • supervision of children in hallways. Your Response. You state that: (1) the facility uses a version of the DHS risk reduction form that addresses all of the required supervision information; and (2) although the licensor stated that the facility was required to use the updated DHS risk reduction form, the “Implementation plan for 2019 legislative rule” states that using the updated form is optional. Applicable Law. Under Minnesota Statutes, section 245A.66, subdivision 2 (f) “the [risk reduction] plan must include specific policies and procedures to ensure adequate supervision of children at all times as defined under section 245A.02, subdivision 18, with particular emphasis” on the areas identified in the citation. Minnesota Statutes, section 245A.02 subdivision 18, defines supervision as (a) For purposes of licensed child care centers, "supervision" means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). (b) When an infant is placed in a crib room to sleep, supervision occurs when a program staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components. (c) When a single school-age child uses the restroom within the licensed space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. When a school-age child uses the restroom outside the licensed space, including but not limited to field trips, supervision occurs when staff accompany children to the restroom. (d) When a school-age child leaves the classroom but remains within the licensed space to deliver or retrieve items from the child's personal storage space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. (e) When a single preschooler uses an individual, private restroom within the classroom with the door closed, supervision occurs when a program staff person has knowledge of the child's activity and location, can hear the child, and checks on the child at least every five minutes.
Reconsideration Determination. You highlighted areas of the facility’s risk reduction plan (RRP) that state that children will be supervised in some of the areas identified in Citation 2 (e.g., transitioning from one environment to another). The licensor states that, when she reviewed the facility’s RRP on December 9, 2021, the supervision part of the RRP was missing. On December 10, 2021, Ms. Hengemuhle sent the licensor a copy of last page of the RRP, entitled “Policies and procedures to ensure adequate supervision of children.” According to the licensor, this document was not present in the facility when the licensor conducted her review on December 9, 2021. The Commissioner must be given access to (among other things) facility documents when she is exercising the powers conferred by Minnesota Statutes, chapter 245A. See Minn. Stat. § 245A.04, subd. 5 (a)(2). The facility was required to give this document to the licensor (who is the Commissioner’s delegatee) on December 9, 2021, when she was conducting her review. Further, this document does not include specific policies and procedures that the facility developed and implemented to ensure adequate supervision as defined under section 245A.02, subdivision 18. For example, the RRP does not even mention supervision of a school-age child who leaves the class room to use the bathroom or retrieve items from the child’s personal storage space. The document entitled “Policies and procedures to ensure adequate supervision of children” merely states that the facility’s RRP addresses supervision in various areas. A conclusory reference to supervision is insufficient to ensure adequate supervision. 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 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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