|
October 21, 2022 CERTIFIED MAIL Lisa Vossen 324 1st Street Northeast Richmond, MN 56368 License Number 1057250 FCC ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Vossen: Based on the recommendation of and information received from Stearns County Human Services (Stearns County), the Department of Human Services (DHS) is placing your license to provide family child care at 324 1st Street Northeast, Richmond, MN for one year beginning October 21, 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 $1000. 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, repeated failure to comply with correction orders, failure to submit a background study as required, failure to submit various training documentation, failure to provide documentation of fire and storm drill logs, failure to ensure that ammunition and fire arms were stored separately, failure to provide documentation of crib safety inspections, and repeat failure to provide documentation of program records as required. 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, Stearns County determined that your program failed to comply with the laws and rules for licensed family child care program. 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 Stearns County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. On July 1, 2022, Stearns County issued you a correction order for failure to comply with the correction orders issued to you on May 26, and June 6, 2022. On June 6, 2022, Stearns County issued you a correction order for the following licensing violations: · Failure to provide documentation of pet vaccinations as required. · Failure to provide complete admission and arrangement forms for two children in care. On May 18, 2022, Stearns County made a visit to your family child care home. As a result of the visit, you were issued a correction order on May 26, 2022, for the following licensing violations: · Failure to comply with the correction order dated June 28, 2021. · Failure to maintain your fire extinguisher as required. · Failure to provide carbon monoxide detectors as required. · Failure to provide a smoke detector in the basement as required. · Failure to provide proof that ammunition was locked separately from fire arms. · Failure to provide a smooth nonabsorbent surface for changing diapers when you admitted to changing diapers on a towel on the floor and the changing table had multiple items on it. · Failure to provide documentation of annual insurance notification for six children in your care. · Failure to provide a current emergency preparedness plan. · Failure to provide fire and storm drill logs since June 2021. · Failure to document required information when using a substitute caregiver. · Failure to submit a background study for a household member after being requested to do so in June 2021. · Failure to submit documentation of first aid training for two caregivers as required. · Failure to submit documentation of cardiopulmonary resuscitation for two caregivers prior to caring for children. · Failure to provide documentation of current sudden unexpected infant death (SUID) and abusive head trauma (AHT) for two caregivers as required. · Failure to provide 16 hours on annual training for a second caregiver as required. · Failure to provide documentation of active supervision training for two caregivers as required. · Failure to provide documentation of the Basics of License Family Child Care for two caregivers prior to caring for children. · Failure to provide documentation of admission and arrangement forms for a child in care. · Failure to provide documentation of consent for medical care for a child in care. · Failure to provide documentation of a crib inspection form on file. · Failure to provide annual crib safety inspections since June 2021. · Failure to provide monthly crib safety inspections since June 2021. On June 24, 2021, Stearns County made a visit to your family child care home. As a result of the visit, you were issued a correction order on June 28, 2021, for the following licensing violations: · Failure to store firearms and ammunition separately. · Failure to provide annual documentation of liability insurance to families as required. · Failure to provide documentation of annual review of allergy information by caregivers. On March 4, 2019, Stearns County made a visit to your family child care home. As the result of the visit, you were issued a correction order for the following licensing violations: · Failure to submit background studies for a caregiver as required. · Failure to provide documentation that caregivers completed supervising for safety as required. · Failure to provide documentation of annual child development and learning and behavior guidance training. · Failure to provide documentation of sudden unexpected infant death (SUID) for two substitutes prior to caring for children. · Failure to provide documentation of abusive head trauma (AHT) for two substitutes prior to caring for children. · Failure to provide documentation of 16 hours of annual training. · Failure to provide lability notice to parents to children in care. · Failure to ensure smoke detectors were in working condition when there was no battery. On September 20, 2019, you were issued a fine of $400 for the following violations: o Failure to ensure that a caregiver completed a background study prior to caring for children. o Failure to ensure that a caregiver had SUID and AHT training prior to caring for children. 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 must 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 work with a mentor to assist you with organizing your business. You must obtain a mentor within 30 days of this order, and the mentor must be approved by Stearns County. 4. You must complete Stearns County family child care orientation within 60 days of this order. 5. You must submit and comply with a written plan for how you will maintain records for all children in your care and all program records. The plan must be submitted to Stearns County by November 11, 2022. 5. You must submit and comply with a written plan of how you will keep your home in a safe and hazard free manner and how you will respond to Stearns County including coming into compliance with correction orders by November 11, 2022. 6. 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 Stearns County by November 11, 2022. For new families, you must submit documentation of compliance with this term to Stearns County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Stearns 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. REASON FOR FINE Failure to Comply with Correction Order Stearns County issued you a correction order on June 6, 2022, for two licensing violations. You were to make corrections and submit documentation of completion to Stearns County by June 13, 2022. You failed to comply with the correction order. On July 1,2022, you were issued a correction order for failure to comply. Stearns County issued you a correction order on May 26, 2022, for 22 licensing violations. You were to make corrections and submit documentation of completion to Stearns County by June 6, 2022. You failed to comply with the correction order. On July 1, 2022, you were issued a correction order for failure to comply. Stearns County issued you a correction order on June 28, 2021, for three licensing violations. You were to make corrections and submit documentation of completion to Stearns County by July 9, 2021. You failed to comply with the correction order. On May 26, 2022, Stearns County issued you a correction order for failure to comply. Statute Violated: Minnesota Statutes, section 245A.06, subdivision 3. Fine: $600 ($200 an occurrence- three occurrences) Failure to Complete Training On May 18, 2022, Stearns County made a visit to your family child care home. As a result of the visit, you were issued a correction order on May 26, 2022, for failure to provide documentation of cardiopulmonary resuscitation (CPR) and first aid training for two caregivers prior to caring for children. Rule/Statute Violated: Minnesota Statutes, section 245A.50, subdivision 3a and 4a. Fine: $200 Background Study Violation In June of 2021, Stearns County notified you that you were to submit a background study for a household member. During the licensing visit on May 18, 2022, Stearns County determined that you had failed to submit the background study as required. You were issued a correction order for this licensing violation. Rule/Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1 Fine: $200 Total Fine Amount $1000 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 $1200 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. 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 and/or an order to pay a fine 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 and Order to Pay a Fine 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 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. · Under Minnesota Statutes, section 245C.14, an individual who is disqualified following a background study may not be retained in a position involving direct contact or access to persons served by a licensed program unless the disqualification has been set aside or a variance has been granted. · 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/or a conditional license under Minnesota Statutes, Section 245A.06 that has not been reversed on reconsideration or 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: Paul Weinmann, Stearns County Human Services
|
