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October 21, 2022 CERTIFIED MAIL Elizabeth Jasmer 1016 181st Lane Northeast East Bethel, MN 55011-9656 License Number 211346 FCC ORDER OF LICENSE REVOCATION Dear Ms. Jasmer: Based on the recommendation of Anoka County Human Services (Anoka County), the Department of Human Services (DHS) is revoking your license to provide family child care at 1016 181st Lane Northeast, East Bethel, MN. 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, because you repeatedly failed to comply with term #4 of your conditional license and because you failed to respond to Anoka County. 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 February 9, 2022, you were issued a Conditional License for a period of one year. As part of the conditional license you were to complete terms to remain in compliance. Term #4 required you to take six hours of additional training on professionalism and record keeping within 90 days of the order being issued. You were to obtain approval from Anoka County that training was appropriate and submit documentation of completion to Anoka County. On May 11, 2022, you submitted a five hour training that you had taken on March 12, 2022 titled Smiles, Joy, Laughter, and Fun Days for Children. You failed to obtain approval from Anoka County prior to taking the training, the training did not have to do with professionalism and record keeping, and the class was not six hours in length. On May 11, 2022, you asked Anoka County for permission to attend a two hour training on May 17, 2022. Anoka County approved the training however, you failed to provide documentation that you completed the training. Additionally, the training was not six hours in length and it was past the 90 day due date. On May 18, 2022, Anoka County issued you a correction order for failure to comply with term #4 of your conditional license. Additionally, on June 22, 2022, Anoka County made a monitoring visit to your family child care home. During the visit, you admitted to Anoka County that you had not complied with term #4 of your conditional license. Anoka County informed you that you had to submit your training within 48 hours. On May 24, 2022, you submitted a list of training to Anoka County. Anoka County asked you to clarify if the list of classes were completed or classes you were proposing to take. You failed to respond to Anoka County. Legal Authority: Minnesota Statutes, sections 245A.06, subdivision 3; and 245A.07, subdivision 3, paragraph (a). 3. Failure to comply with licensing laws and rules Anoka County determined that you failed to fully comply with the laws and rules that apply to licensed family child care. 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 Previous licensing actions 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 Anoka County licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. · June 24, 2022, Order to Pay a Fine of $200 for failure to comply with terms of the conditional license. · February 9, 2022, Order to Pay a Fine of $200 for repeated failure to comply with a correction order. · February 9, 2022, Order of Conditional License for repeatedly failing to comply with correction orders, failing to follow data privacy guidelines, failing to provide permission to apply sunscreen, failing to provide documentation for reporting maltreatment, and failing to provide your policies as required. · December 22, 2021, Correction Order, which cited that you failed to comply with the November 30, 2021, correction order. · November 30, 2021, Correction Order, which cited the below violations. Violations of concern include: o Failure to follow data privacy guidelines when you sent pictures of children in care via text message without parental approval. o Failure to provide documentation of complete provider polices as required. o Failure to provide documentation of parental permission for applying sunscreen. o Failure to provide documentation of maltreatment of minors reporting policy. · December 6, 2018, Correction Order, which cited the below violations. Violations of concern include: o Failure to provide documentation of receipt of maltreatment of minor’s policy for two families in care. o Failure to provide documentation of current first aid training. o Failure to provide immunization records for two children in care. 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 As a result of this order, you are prohibited from providing child care services to children who are not related to you. A child care provider who has received a license revocation that has not been reversed on 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 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. · 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 license revocation 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: Marisa Stark, Anoka County Human Services
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