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November 30, 2022 CERTIFIED MAIL Dulmar Hussein Mohamed 1106 33rd Street Northwest Rochester, MN 55901 License Number 1062959 FCC AMENDED ORDER-November 30, 2022 This Amended Order of Revocation supersedes the Order of Revocation dated October 5, 2022. This Amended Order adds in the citation for behavior guidance. Copies of the Order of Revocation dated October 5, 2022, are no longer valid. You have already appealed the October 5, 2022, Order of Revocation. You do not need to submit a new appeal as a result of this Amended Order. ORDER OF LICENSE REVOCATION Dear Ms. Mohamed: Based on the recommendation of Olmsted County Community Services (Olmsted County) the Department of Human Services (DHS) is revoking your license to provide family child care at 1106 33rd Street Northwest, Rochester 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 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 are responsible for maltreatment, because you are disqualified, because you failed to use appropriate behavior guidance methods with children in care, because you repeatedly failed to provide required program records, and because you failed to operate your program in a safe manner. 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. Determination that the license holder is responsible for maltreatment September 13, 2022, Maltreatment Determination On June 28, 2022, Olmsted County determined that you were responsible for maltreatment of minors by physical abuse. Specifically, Olmsted County determined that you physically abused children when you hit them using hangers. You requested reconsideration and Olmsted County determined that the maltreatment determination was correct. You have made a timely request for a fair hearing of the maltreatment determination. This hearing is pending. If you appeal the revocation order, as explained below, the maltreatment determination will be heard along with the revocation at a contested case hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3 paragraph (a) subparagraph (1). License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DHS is not imposing this fine. If the revocation is rescinded, DHS may impose the fine at that time. 3. Disqualification of the license holder. On September 1, 2022, DHS notified you that you were disqualified, and of the right to request reconsideration. The maltreatment was determined to be recurring. You made a timely request for reconsideration. In a letter dated October 13, 2022, you were notified that the disqualification was affirmed. You requested a fair hearing on October 13, 2022, and the disqualification appeal shall be consolidated with this appeal under Minnesota Statutes, Section 245A.08, subdivision 2a(a). Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (2); Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d) (1)]. 4. Failure to comply with licensing laws and rules Olmsted 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 New violations determined Olmsted County conducted a licensing violations 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 well as the maltreatment determination described above, as a factor when it determined that revocation of your license is appropriate. On May 30, 2022, Olmsted County received a report regarding your family child care program. Olmsted County investigated the report and determined that you failed to use appropriate behavior guidance methods with children in care when you were hitting children with hangers as a form of discipline. Legal Authority: Minnesota Rules, part 9502. 0395, subpart 1 and 2. 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 Olmsted County licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. June 2, 2022, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. January 28, 2021, correction order which cited the following licensing violations: · Failure to provide admission and arrangement forms as required. · Failure to provide documentation for permission to administer medication for two children as required. · Failure to provide documentation when a substitute provided care. January 29, 2020, correction order which cited the following licensing violations: · Failure to provide equipment that was in good repair and adequate quantities. · Failure to provide activities that provide physical, emotion and social development. · Failure to provide documentation of monthly fire and storm drills. · Failure to care for toddlers by talking to, listening to, interacting with toddlers in care. You also failed to provide activities that developed fine motor and manipulative skills and did not read to or look at books with toddlers. · Failure to care for preschool age children by having play times, practicing self-help skills, make decision or take credit for consequences of decisions. · Failure to ensure admission and arrangement forms were on file as required. · Failure to ensure that a crib mattress met crib safety standards. · Failure to provide a second means of escape for a room used to sleep children. · Failure to ensure your smoke detector was in working condition when it had a low battery. · Failure to provide each child with clean separate bedding as required. · Failure to ensure that refrigerated food was kept at or below 40 degrees Fahrenheit. January 24, 2019, correction order which cited the following licensing violations: · Failure to ensure that the floorboard in a crib was in good repair when it was bent causing the mattress to turn upward. · Failure to provide documentation of admission and arrangement forms as required. · Failure to provide documentation of immunization records for each child as required. · Failure to make a report for a child that was injured and required stitches. May 16, 2018, correction order which cited the following licensing violations: · Failure to care for a toddler as required when the child was strapped in a chair for an extended period of time and you did not removed the child until prompted by the licensor. · Failure to provide enough equipment for children in care. · Failure to follow behavior guidance methods when disciplining children in care when you admitted to placing children in timeout for 15 minutes. · Failure to provide documentation of immunization records for children in care. · Failure to provide documentation of admission and arrangement forms as required. · Failure to ensure that electrical outlets were shielded as required. · Failure to ensure that hazards were inaccessible to children in care when children had access to a diaper bag and a child had a book filled backpack strap around his/her neck. January 16, 2018, correction order which cited the following licensing violations: · Failure to post two prior correction orders. · Failure to submit background studies for two household members as required. · Failure to provide admission and arrangements forms for children in care. · Failure to provide immunization records for children in care. Severity of violations Because you are responsible for maltreatment of children and because you are disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and due to the serious and chronic nature of the licensing 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: On June 2, 2022, DHS issued an Order of Temporary Immediate Suspension on your family child care license. Because the immediate suspension of your license remains in effect, if you appeal the revocation, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. 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. · When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (f). · When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a). · Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination. · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · When a revocation of a license is based on the termination of a variance under section 245C.30, subdivision 4, the scope of the contested case hearing shall include a determination of whether the disqualification should be set aside, under Minnesota Statutes, section 245A.08, subdivision 2a(h). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4) states that license holders shall pay a $1000 fine for each determination of maltreatment under section 260E. · 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. · 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. · 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: Dawn Schenk, Olmsted County Community Services
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