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September 13, 2022 Rachel Jee Crowley, Authorized Agent Tierra Encantada Eagan 2700 30th Ave South Minneapolis, MN 55406-1606 License Number: 1065444 (Child Care Ctr) Program Location: 4130 Blackhawk Road, Suite 140, Eagan, MN 55122-1700 Dear Rachel Jee Crowley: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1, 6, and 7 from the Correction Order issued to you by the Department of Human Services on February 4, 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 CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Food allergy information was not readily available to staff where food is served. Food allergy information for one child was not available to staff where food is served in the classroom. (Toddlers A: Toddler classroom) Your Response. You stated that Ms. Marusic’s request for allergy information was lost in translation and that you maintain all required allergy documentation in the building and accessible to all center staff. 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).
Reconsideration Determination. During the licensing visit, staff in the Toddlers A classroom did not express any challenge in understanding the licensor’s request for allergy information. In addition, a program administrator was present with the licensor when the information was requested – the program administrator did not express any concerns from any program staff or themselves regarding understanding the request. Further, later during the licensing visit, Toddlers A classroom staff provided the requested allergy information to the licensor, and told the licensor that the child had recently switched classrooms and the allergy information was still in the child’s old classroom. The record supports finding that the staff understood the request, and did in fact provide the requested information. Allergy information is required to be readily available to staff in the area where food is served to the child. Toddlers A staff told the licensor that the child had eaten breakfast in the Toddlers A classroom the morning of the licensing visit. However, at that time, the child’s allergy information was located in the child’s previous classroom, not the Toddlers A classroom where the child ate breakfast. Because the child’s allergy information was not located in the classroom where the child was served breakfast, there is sufficient evidence to support the violation, and Citation 1 is upheld. Citation 6. The program did not comply with diaper changing procedure requirements. Diaper changing procedures were not posted in the diaper changing area. Your Response. You stated that the walls had recently been painted and you had not yet reposted the diaper changing procedures. Applicable Law. The center must have and follow diaper changing procedure that have been developed in consultation with a health consultation. The license holder must post the diaper changing procedures in the diaper changing area. Minnesota Rules, part 9503.0140, subpart 12.
Reconsideration Determination. You acknowledged that you took the procedures down for painting, and made the correction while licensor was on site. Diaper changing procedures must be posted in the diaper changing area. You may have intended to repost the diaper changing procedures after painting, but the procedures were not posted during licensing visit visit. Therefore, although you made the correction while the licensor was on site, there is sufficient evidence to support the violation, and Citation 6 is affirmed. Citation 7. The individual child care program plan (ICCPP) for 1 of 3 (C3) children with a known allergy did not contain: · a description of the allergy (C3); · specific triggers (C3); · avoidance techniques (C3); · symptoms of an allergic reaction (C3); and · procedures for responding to an allergic reaction, including: medication, dosage, and doctor contact · information (C3). Your Response. You stated that all of the allergy forms for students with allergies were available, and provided copies of students’ ICCPPs in your reconsideration request. The ICCPP for C3 was not included in this submission. Applicable Law. Before admitting a child for care, the license holder must obtain documentation of any known allergy from the child’s parent or legal guardian or the child’s source of medical care. If a child has a known allergy, the license holder must maintain current information about the allergy in the child’s record and develop an individual child care program plan. . . . The [plan] must include but not be limited to a description of the 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 (a).
Reconsideration Determination. C3 has a hummus allergy listed on her health care summary from her doctor. However, at the time of the review, the center did not have an ICCPP for C3, and you did not provide any additional information for C3 in your reconsideration request. Because no ICCPP for C3 was ever presented to the licensor, there sufficient evidence to support the violation, and Citation 7 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1, 6, and 7 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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