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August 10, 2022 Maria Rose Snider, Authorized Agent Rainbow Child Development Center 605 COMO AVE Saint Paul, MN 55103-1507 License Number: 830776 (Child Care Ctr) Program Location: 605 COMO AVE, Saint Paul, MN 55103-1507 Dear Maria Rose Snider: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 2 from the Correction Order issued to you by the Department of Human Services on April 1, 2022. 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 2. The license holder did not have a written emergency plan that included accommodations for infants and toddlers. Your Response. You stated that your plan did included accommodations for infants and toddlers. You stated that the 2021 emergency preparedness plan included accommodations for infants and toddlers, but acknowledged that you were not aware of the Infant and Toddler Addendum portion of the emergency preparedness plan forms developed by the Commissioner. You also stated that statute does not require the addendum. Further, once you became aware of the addendum at the site-visit, you corrected it on-site and the correction was approved by the licensor. Applicable Law. A licensed child care center must have a written emergency plan for emergencies that require evacuation, sheltering, or other protection of a child, and the plan must be written on a form developed by the commissioner and include accommodations for infants and toddlers. Minnesota Statutes, section 245A.41, subdivision 3, paragraph (a), subparagraph (8).
Reconsideration Determination. At the time of the licensing review, the program did have an Emergency Preparedness Plan. However, your plan did not include the Commissioner-provided addendum to the Emergency Preparedness Plan for toddlers and infants. The Commissioner-provided Emergency Preparedness Plan addendum for toddlers and infants is a form that is a required part of the Emergency Preparedness Plan. The addendum was published in 2019 and specifically addresses accommodations for infants and toddlers during shelter-in-place or lockdown situations. The 2021 emergency plan you provided did not address that situation. Further, the Emergency Preparedness Plan form developed by the commissioner includes any addendums to that form – all must be completed as required. Finally, the Commissioner appreciates your efforts to immediately correct the violation after it was raised. However, violations that do not qualify for fix-it tickets, must be cited, even if they are corrected on site during the licensing visit. The record supports Citation 2, 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. Citation 2 is 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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