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October 14, 2022 CERTIFIED MAIL Bonnie Miley and Jody Jaakola 5151 148th Path Apple Valley, MN 55124 License Number 1021243 FCC ORDER OF LICENSE REVOCATION Dear Ms. Miley and Ms. Jaakola: Based on the recommendation of Dakota County Community Services (Dakota County), the Department of Human Services (DHS) is revoking your license to provide family child care at 5151 148th Path, Apple Valley, MN. This revocation is based on failure to comply with a conditional license, providing false and misleading information during an investigation and additional licensing violations. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 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 in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically you were under a conditional license and as part of the conditional were required to follow all applicable licensing rules and statutes, you provided false and misleading information during the course of an investigation and you had additional licensing violations. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Conditional license violations On May 26, 2002, Dakota County received a report regarding a child in your care. As a result of the investigation it was determined that you failed to follow 1 of 4 terms of the settlement agreement and conditional license that is in place from October 21, 2020 to October 20, 2022. · You were required to follow all licensing rules and statutes as a part of the settlement agreement and conditional license. During the visits on May 27, 2022 and May 31, 2022 you were cited for and issued a correction order for the following licensing violations; o You failed to ensure children were supervised by a caregiver when on December 1, 2021, a child in care was injured during unsupervised use of the bathroom. o You failed to ensure one emergency escape route, separate from the main exit from the space, was available as required when play equipment was obstructing an emergency exit. o You failed to ensure a guardrail was in place when the guardrail on the front balcony used by children in care was loose, rusting and not sufficiently secured to the cement slab. o You failed to ensure your residence was free of dirt, rubbish and peeling paint when the interior of your home had an accumulation of dirt and the front exterior of the home had peeling paint accessible to children in care. o You failed to ensure toxic substances were stored properly when sunscreen was accessible to the children in care on the kitchen counter, a personal care product and pet shampoo was accessible to children in care on the edge of the bath tub and teeth whitening strips were in a cabinet and accessible to children in care. o You failed to ensure hazardous activity materials were not used or stored as required when children in care had access to scissors, a screw driver and small building blocks. o You failed to ensure that pet cages were located or cleaned away from any food preparation, storage or serving areas as required when a large dog kennel was located in the dining room near the table and was in use during the visit. Additionally, the top of the dog kennel was used to store items such as books, paper and other items. o You failed to report changes to terms of your license when unlicensed space in your home was in use and accessible to children in care. Legal Authority: Minnesota Statutes, sections 245A.06, subdivision 3; and 245A.07, subdivision 3, paragraph (a). 3. False and misleading information or knowingly withheld relevant information Based on information received from Dakota County, it is determined that you knowingly withheld relevant information or provided false or misleading information to the Commissioner related to an incident in your home involving a child in care. During the investigation it was determined that based on information you provided to law enforcement and licensing workers, and reports filed regarding the incident, you changed your story on more than one occasion regarding the incident and the supervision provided to the injured child. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (3). 4. Failure to comply with licensing laws and rules Dakota County determined that you failed to fully comply with the laws and rules that apply to licensed family child care programs. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations On May 27, 2022 and May 31, 2022, Dakota County conducted a licensing investigation at your licensed program. 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 county licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. · June 1, 2022 Correction Order, which cited eight (8) violations. Violations of concern include: o You failed to ensure children were supervised by a caregiver, when on December 1, 2021, a child in care was injured when unsupervised while using the bathroom. o You failed to ensure one emergency escape route separate from the main exit from the space was available as required when play equipment was obstructing an emergency exit. o You failed to ensure a guardrail was in place when the guardrail on the front balcony used by children in care was l loose, rusting and not sufficiently secured to the cement slab. o You failed to ensure your residence was free of dirt, rubbish and peeling paint when the interior of your home had an accumulation of dirt and the front exterior of the home had peeling paint accessible to children in care. o You failed to ensure toxic substances were stored properly when sunscreen was accessible to the children in care on the kitchen counter, a personal care product and pet shampoo was accessible to children in care on the edge of the bath tub and teeth whitening strips were in a cabinet and accessible to children in care. o You failed to ensure hazardous activity materials were not used or stored as required when children in care had access to scissors, a screw driver and small building blocks. o You failed to ensure that pet cages were located or cleaned away from any food preparation, storage or serving areas as required when a large dog kennel was located in the dining room near the table and was in use during the visit. Additionally, the top of the dog kennel was used to store items such as books, paper and other items. o You failed to report changes to terms of your license when unlicensed space in your home was in use and accessible to children in care. · October 21, 2020, Settlement Agreement which required you to follow the following terms for a period of two years: o Outdoor play will only occur in the fenced-in backyard of the licensed family child care home. o License Holders must document head counts of enrolled children before going outside, at least once every 15 minutes while outside, and upon return indoors. o Both License Holders must complete a 6-hour “Supervising for Safety” training within sixty (60) days of the execution of this Settlement Agreement. o License Holders must comply with all applicable Minnesota Statutes and Rules, including Minnesota Rules, parts 9502.0300 through 9502.0445. · July 21, 2020, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. 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 services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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 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 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 do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. 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. Operating the program pending the outcome of the appeal: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of children served by your program could result in the immediate suspension of your license. Questions about CCAP If you are a provider authorized to receive Child Care Assistance Program (CCAP) payments, this revocation order could impact your ability to receive CCAP funding. If you have questions about CCAP, contact the County or CCAP agencies where you are authorized to receive CCAP funds. Prohibition against providing legally unlicensed child care If you do not appeal this order, or if the action is not reversed on appeal, you will not be allowed to provide child care, including legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. Posting of this Licensing Action You are required to place this Order of License Revocation 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may revoke a license. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation 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.07, subdivision 5. 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: Mitzi Mabry, Dakota County Licensing Supervisor
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