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October 25, 2022 CERTIFIED MAIL Northland Process Piping Attn: Natalie Jo Geist 1662 320th Avenue Isle, MN 56342 License Number 1044263 FCC ORDER LIFTING TEMPORARY IMMEDIATE SUSPENSION ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Geist: Based on the recommendation of Isanti County Family Services (Isanti County) due to a conflict of interest for Kanabec County Family Services (Kanabec County), the Department of Human Services (DHS) is lifting the temporary immediate suspension and placing your license to provide family child care at 1662 320th Avenue, Isle, MN on conditional status for two years beginning October 25, 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 $1800 . 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, you have repeatedly failed to submit background studies prior to individuals caring for children, you have repeatedly failed to ensure that care givers had the required training prior to providing care, you have failed to ensure that caregivers had the required physicians statement, you failed to ensure the basement was free of standing water, you failed to ensure caregiver/employee records were accessible as required, and you failed to ensure caregivers were trained on the drug and alcohol policy. 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, Isanti County 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 New violations determined On September 27, 2022, Isanti County conducted a licensing investigation for Kanabec County due to a conflict of interest at your licensed program. The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DHS considered these violations as a factor when it determined that a Conditional License is appropriate. · Failure to maintain records in a manner that they were accessible to Isanti County during the investigation. · Failure to ensure that background studies are completed prior to three individuals providing care to children. · Failure to ensure that three caregivers had taken cardiopulmonary resuscitation (CPR) training prior to caring for children. · Failure to ensure that three caregivers had taken first aid training prior to caring for children. · Failure to ensure that three caregivers had taken the required Sudden Unexpected infant death (SUID) and Abusive Head Trauma (AHT) training prior to caring for children. · Failure to ensure that three caregivers had taken the required training on child development and learning and behavior guidance. · Failure to ensure that three caregivers had required training on Supervising for Safety. · Failure to ensure that caregivers were trained on the drug and alcohol policy for the program. · Failure to document when each background study was initiated. · Failure to provide documentation of a physician’s report prior to caregivers providing care. September 29, 2022, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. September 23, 2022, Order to Pay a Fine of $400 for failure to submit two background studies as required. December 22, 2021, Correction Order, which cited the following licensing violations: · Failure to provide documentation of a current emergency preparedness plan. · Failure to submit background studies for individuals as required. · Failure to provide documentation of supervising for safety training as required. · Failure to provide documentation of children’s records prior to admission. · Failure to provide documentation of crib safety inspections. · Failure to ensure that garage containers were inaccessible to infants and toddlers as required. · Failure to obtain parental permission prior to use of a wading pool. · Failure to ensure that program records were accessible as required. January 17, 2019, Correction Order, which cited you for failure to follow SUID reduction requirements when sleeping an infant. 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 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 a written plan to Kanabec County on how the program is going to ensure that all caregivers, helper, substitutes, employees will complete the required background study and training prior to providing care. The plan must be submitted to Kanabec County by November 16, 2022. 4. The program agrees that prior to a new caregiver providing care to children, you must notify Kanabec County of the caregiver and you will provide the following completed documentation to Kanabec County for the caregiver. a. Cleared background study. b. Completed physicians report. c. Proof of required CPR and first aid training. d. Proof of SUID and AHT training. e. Proof of Supervising for Safety training. f. Proof of Child Development and Learning and Behavior Guidance training. g. Verification that they have been trained on the programs drug and alcohol policy. h. Verification that they have been trained on the programs grievance policy. 5. You must submit a plan to Kanabec County on how new and current caregiver/employees will be trained on family child care rules and statutes. The plan must also include how you will verify that a new caregiver has been trained prior to caring for children. The plan must be submitted to Kanabec County by November 16, 2022. 6. The program must notify Kanabec County within five days of a change in caregiver/employee status. This can be done by email or phone call. This would include termination of a caregiver/employee or change in the caregiver/employees hours of care provided. If there is a change in the primary provider of care, you must notify Kanabec County prior to this change taking place. 7. You must submit a plan on how you will ensure that caregiver/employee personal files are kept according to licensing requirements and are accessible. The plan must be submitted to Kanabec County by November 16, 2022. 8. You must submit a plan within 30 day of this order on how the program will ensure that the basement of the program is safe and free of standing water and mold. 9. 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 Kanabec County by November 16, 2022. For new families, you must submit documentation of compliance with this term to Kanabec County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Kanabec 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 1. Failure to Complete Training As the result of an investigation, Isanti County determined that you failed to ensure that three caregivers had the required training on SUID reduction requirements and AHT prior to caring for children. Rule/Statute Violated: Minnesota Statutes, subdivision 5. Fine: $600 ($200 per occurrence- three occurrences) As the result of an investigation, Isanti County determined that you failed to ensure that three caregivers had the required training on CPR and first aid prior to caring for children. Rule/Statute Violated: Minnesota Statutes, subdivision 3 an 4. Fine: $600 ($200 per occurrence- three occurrences) 2. Background Study Violation As a result of an investigation, Isanti County determined that you failed to submit background studies for three individuals prior to caring for children. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $600 ($200 per occurrence- three occurrences) Total Fine Amount $1800 OUR 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 $1800 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 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 two years 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 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. 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 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. 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 conditional license and order to pay a fine 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, and 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: Jenny Darling, Isanti County Family Services Katie Heacock, Kanabec County Family Services
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