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October 7, 2022 CERTIFIED MAIL Beth Engen 411 4th Avenue West Lamberton, MN 56152 License Number 1044694 FCC ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear MS. Engen: Based on the recommendation from Southwest Health and Human Services (SWHHS), the Department of Human Services (DHS) is placing your license to provide family child care at 411 4th Avenue West, Lamberton, 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. In addition, DHS is ordering you to pay a fine of $200. Details of our findings are 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, because you failed to provide required supervision to children in your care, because you failed to follow sudden unexpected infant death (SUID) reduction requirements when sleeping an infant, because you failed to provide a storms drill log for July 2022, because you failed to provide crib safety inspection for June 2022, because you failed to ensure your deck rails were safe, because you failed to ensure your water temperature was at or below 120 degrees Fahrenheit, and because you failed to ensure that toxins were inaccessible to children in care. 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, SWHHS 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 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 SWHHS licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. On July 26, 2022, SWHHS made a unannounced visit to your family child care home to investigate a report that was received. As the result of the visit, you admitted that on July 14, 2022, when an infant fell asleep outdoors, you put the sleeping infant in a car seat and then placed the car seat indoors. You then went outdoors leaving the infant unattended indoors. You were issued a correction order for failure to follow SUID reduction requirements when sleeping an infant and for failure to provide required supervision to the infant when s/he was indoors unattended. On July 8, 2022, SWHHS made a visit to your family child care home. As a result of the visit you were issued a correction order for the following licensing violations: o Failure to provide required supervision when a preschool aged child was outdoors without supervision. o Failure to ensure that stairways were in good condition when two posts on the deck guard were loose and one had a nail exposed. o Failure to provide July 2022 fire and storm drill log. o Failure to provide monthly crib safety inspection documentation for June 2022. On July 12, 2021, SWHHS made a visit to your family child care home. As a result of the visit, you were issued a correction order for failure to provide required supervision to an infant that was sleeping indoors while you were outdoors. · October 1, 2020, Correction order which cited the following licensing violations: o Failure to ensure that your water temperature was at or below 120 degrees Fahrenheit. o Failure to ensure that your fire extinguisher met safety standards. · June 25, 2019, Correction Order which cited the following licensing violations: o Failure to ensure that your water temperature was at or below 120 degrees Fahrenheit. o Failure to ensure that toxic substances were inaccessible to children in care. · September 20, 2018, Correction Order, which cited you for failure to follow hand washing procedures. 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 served 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 and comply with a detailed written plan for how you will provide required supervisor to all children in your care by October 28, 2022. You must submit the plan to SWHHS and the plan must be approved by SWHHS. 4. 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 SUID reduction requirements and safety and active supervision. You must obtain approval from SWHHS that the training is appropriate and you must submit documentation of your attendance to SWHHS. 5. You must either provide a copy of the Order to Pay a Fine and 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. You must provide this documentation to SWHHS by October 28, 2022. For new families, you must submit documentation of compliance with this term to SWHHS within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your SWHHS 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. REASON FOR FINE Violation of Safe Sleep Practices As a result of an investigation conducted on July 26, 2022, SWHHS determined that you failed to follow SUID reduction requirements when you admitted to sleeping an infant in a car seat. Statute Violated: Minnesota Statutes, section 245A.1435. Fine: $200 Total Fine Amount $200 Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4)(i). YOUR APPEAL/RECONSIDERATION RIGHTS If You Wish to Appeal the Fine and the Conditional License, or Just the Fine You have the right to appeal both the fine and the conditional license, or only the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive 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 receive 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 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If You Wish to Only Appeal the Conditional License If you are not appealing the fine, you do not have a right to a contested case hearing. However, you have the right to request reconsideration of the conditional license 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 Billing and Payment of the Fine DHS will send you an invoice for the $200 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described above, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described above, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. 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. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Posting of this licensing action You are required to place this Order to Pay a Fine and 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. 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 or fine order 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. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · The timeline to request reconsideration of the order of conditional license is provided in Minnesota Statutes, section 245A.06, subdivision 4. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · 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. · Under Minnesota Statutes, section 245A.06, subdivision 4, if DHS issues a dual order to pay a fine and a conditional license and the license holder appeals both the fine and the conditional license, DHS will not do a separate reconsideration of the conditional license. If the license holder does not appeal the fine but requests reconsideration of the conditional license, then the license holder does not have a right to a hearing and DHS will conduct a reconsideration of the conditional license. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. OR The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Minnesota Statutes, Chapter 245A.03, subdivision 2b, subdivision 1 states that a child care provider who has received a Fine Order and Conditional Order under Minnesota Statutes, Section 245A.07 that has not been reversed on appeal may not provide unlicensed child care to non-relatives. · Operating a prohibited unlicensed family child care program is a misdemeanor offense under Minnesota Statutes, Section 245A.03, subdivision 3. 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: Gail Bielen Southwest Health and Human Services
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