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October 7, 2022 CERTIFIED MAIL Leah DeMann 1113 Washington Street Northfield, MN 55057-2854 License Number 1105616 FCC ORDER OF CONDITIONAL LICENSE Dear Ms. DeMann: Based on the recommendation of Rice County Social Services (Rice County), the Department of Human Services (DHS) is placing your license to provide family child care at 1113 Washington Street, Northfield, MN on conditional status for one year beginning October 7, 2022. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, you were initially license on August 3, 2020 and have numerous violations in that two year period. Some of them have been repeat violations. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Rice County determined that your program failed to comply with the laws and rules for licensed family child care. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations Violations determined The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your Rice County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. You were initially licensed for family child care on August 3, 2020. On June 10, 2021, Rice County made a licensing visit to your family child care. As a result of the visit, you were issued a correction order for the following licensing violations: · You failed to provide documentation of parental permission for emergency medical care. · You failed to obtain all required documentation prior to enrollment. · You failed to ensure each child’s records were up to date. · You failed to provide documentation of admission and arrangement forms as required. · You failed to maintain your fire extinguisher. · You failed to ensure that an electrical outlet was covered as required. · You failed to ensure that smoke detectors were installed in dining area. · You failed to ensure that hazards were inaccessible to children in the basement when there was standing water near the furnace. · You failed to ensure that a room used for sleeping children had a second means of escape. · You failed to ensure that combustible items were not within 18 inches of a heating source when a mattress was leaning against the furnace. · You failed to provide notification regarding pets. · You failed to provide a separate towel for hand drying to each child in care. · You failed to ensure that hazards were inaccessible to children in care when curling irons and plastic bags were accessible to children in are. · You failed to ensure that your family child care program was clean and free of rubbish when all areas of the home used by children were dirty with accumulations of paper, litter and the bathroom surface was not clean. · You failed to ensure that a cat litter box was inaccessible to children in care. · You failed to ensure that toxic substances were inaccessible to children in care when chemicals, cleaners, and detergents were accessible to children in care. · You failed to ensure that your water temperature was at or below 120 degrees Fahrenheit. Subsequently, on August 8, 2022, Rice County made a licensing visit to your family child care home. As a result of the visit, you were issued a correction order for the following licensing violations: · You repeatedly failed to provide required supervision to children in care when: o A child under school age was observed outdoors unsupervised while you were indoors. o As the licensor was leaving, you followed him/her outdoors through the back yard and to the side of the house leaving children indoors unattended. o You were observed outdoors in the driveway talking to a delivery person while children were indoors unattended. · You failed to provide documentation of an emergency preparedness plan. · You failed to provide complete admission and arrangement forms. Form was missing liability insurance information. · You failed to post your license in a prominent place as required. · You failed to ensure that hazards were inaccessible to children in the basement when there was standing water near the furnace. · You failed to ensure that the smoke detector near the kitchen was not in place. · You failed to provide a safe outdoor play space when your outdoor play had the gate open while a two year old was outdoors playing unattended. · You failed to ensure that water hazards were inaccessible to children in care when children had access to a swimming pool with dirty water. · You failed to ensure that a room used for sleeping children had a second means of escape. · You failed to ensure that the diaper changing area was disinfected and that you had cleaning disinfectant available. · You failed to ensure that your family child care program was clean and free of rubbish when the kitchen garage was not enclosed, the home was dirty, there was litter, clothing, and other items scattered on the floor posing tripping hazards. · You failed to ensure that hazards were inaccessible to children in care when children had access to plastic bags and a curling iron. · You failed to ensure that toxins were inaccessible to children in care when children had access to chemicals and detergents in the kitchen area. Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period 3. You must submit a written plan on how you will ensure that required documentation including an emergency preparedness plan and records are kept and are up to date. You must submit the plan to Rice County by October 28, 2022. 4. You must ensure that children do not have access to water hazards, and you must immediately remove the standing water in your basement area. 5. You must obtain a minimum of six hours of additional training within 60 days of this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. The training must be in the area of family child care rule review and child care safety. You must obtain approval from Rice County that the training is appropriate, and you must submit documentation of your attendance to Rice County. 6. You must either provide a copy of the Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the Order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the Order or had an opportunity to review the Order and submit documentation to Rice County by October 28, 2022. For new families, you must submit documentation of compliance with this term to Rice County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Rice County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for one year from that date. You continue to be required to comply with all family child care laws and rules. Prohibition against providing legally unlicensed child care As a result of this order, you are prohibited from providing legally unlicensed child care. A child care provider who has received a conditional license that has not been reversed on reconsideration or appeal may not provide legally unlicensed child care to non-relatives. Operating a prohibited unlicensed family child care program is a misdemeanor offense. Posting of this licensing action You are required to place this Order of Conditional License in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a conditional license order that has not been reversed on appeal may not operate as a legally unlicensed child care provider. · Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor at 651-431-6565. Sincerely,
Barbara Wagner, Unit Manager Licensing Division Office of Inspector General cc: Stacy Knutson, Rice County Social Services
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