|
September 23, 2022 Susannah Barnes, Authorized Agent EVOLVE Adoption and Family Services 5850 Omaha Ave N Oak Park Heights, MN 55082 License Number: 801079 (Rule 4) CORRECTION ORDER Dear Ms. Barnes On July 11, 2022, a licensing review of EVOLVE Adoption and Family Services, was conducted to determine compliance with state and federal laws and rules governing the provision of child-placing agencies under Minnesota Rules, parts 9545.0755 through 9545.0845 (Rule 4). As a result of this licensing review, a Correction Order is being issued. A. Reason for Correction Order Pursuant to Minnesota Statutes, section 245A.06, if the Commissioner of the Department of Human Services (DHS) finds that an applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the Commissioner may issue a Correction Order to the applicant or license holder. The following violations of state or federal laws and rules were determined as a result of the licensing review. Corrective action for each violation is required by Minnesota Statutes, section 245A.06 and is hereby ordered by the Commissioner of Human Services. 1. Citation: Minnesota Rules, part 9545.0795, subpart 1, item A and C. Violation: EVOLVE failed to submit a projected program budget for foster care, adoption-related activities and services that details by source the income and expenses anticipated for the 12-month period covered by the plan. In addition, EVOLVE failed to submit the program operating budget for foster care and adoption services for the current fiscal year. The budget must show actual income and expenditures. 2. Citation: Minnesota Rules, part 9545.0795, subpart 3. Violation: EVOLVE failed to submit the annual accounting of adoption-related expense required by Minnesota Statutes, section 317A.907, subdivision 6, on a form provided and designed by the commissioner to generate the required information. 3. Citation: Minnesota Rules, part 9545.0805, subpart 3. Violations: The agency’s policy on annual training did not reflect the emphasis in Minnesota Statutes, section 260C.215, subdivision 6, on children with special needs, as required. In addition, seven staff persons (SP1-SP6) lacked the required number of annual training hours. · SP1 lacked four hours of annual training in review period year two. · SP2 lacked three hours of annual training in review period year two. · SP3 lacked five hours of annual training in review period year two. · SP4 and SP5 lacked two hours of annual training in review period two. · SP6 lacked 12 of the required 12 hours of annual training in review period year one and lacked two hours of training for year two. 4. Citation: Minnesota Rules, part 9545.0835, subpart 2. Violations: Adoption Files 2 and 6 were incomplete as follows: · File 2 did not use the current version of the individual fact sheet. · File 6 did not “print blank” form on the individual fact sheet, so the question regarding minor children was not addressed. 5. Citation: Minnesota Statutes, section 259.37, subdivision 2. Violation: EVOLVE failed to include in their agency disclosure statement the likelihood, given the circumstances of the prospective adoptive parent and any specific program to which the prospective adoptive parent is applying, that an adoptive placement may be made and the estimated length of time for making an adoptive placement. Instead, the disclosure statement said this information is available upon request. Corrective Action Ordered for Citations 1-5 Within 30 days of receipt of this order, submit evidence of corrective action taken to ensure ongoing compliance. If you fail to correct the violation specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. Submissions required as part of a corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Karol Jensen-Schneider Licensing Division PO Box 64242 St. Paul, MN 55164-0242 B. Right to Request Reconsideration If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to: Commissioner, Department of Human Services ATTN: Legal Unit Licensing Division PO Box 64242 St. Paul, MN 55164-0242 Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14. C. Recommendations The following recommendations are not requirements of Minnesota rules or laws governing your services or facility. These recommendations are provided to call your attention to areas where your facility is in minimum compliance with the requirements of rules or laws, but it would be advisable to strengthen your efforts in these areas. Failure to follow these recommendations will not result in a fine or action against your license at this time. However, should failure to follow recommendations result in a violation of rules or laws at a future date, you will be cited for noncompliance and may be subject to fines or action against your license. 1. Your agency submitted two program drug and alcohol use policies. One policy, titled “Smoking, substance abuse, and weapons,” addresses employees and volunteers’ substance use. Another policy, listed under “work place environment,” addresses issue for employees. It is recommended that Evolve develop one drug and alcohol use policy for all employees, interns, contracted employees, and volunteers. 2. Your agency submitted two different grievance policies; one in the foster parent manual and one in disclosure form. The policy in the foster parent manual identifies that the highest level of authority is the executive leadership team, not the board of directors. It is recommended that Evolve develop one grievance policy that identifies the highest level of authority as the board of directs. If you have any questions regarding this Correction Order, please contact Karol Jensen-Schneider at 651-431-3469. Sincerely,
Cory Jelinek, Unit Supervisor Licensing Division Minnesota Department of Human Services
|
