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November 29, 2022 Jay Elrico Alexander, Authorized Agent McKnight Early Childhood Family Development Center 700 HUMBOLDT AVE N Minneapolis, MN 55411-3931 RE: Request for Reconsideration of Correction Order License Number: 804668 (Child Care Ctr) Program Location: 4225 3rd Ave S, Minneapolis, MN 55409 Dear Jay Elrico Alexander: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 from the Correction Order (enclosed) issued to you by the Department of Human Services on February 18, 2022. Your request was forwarded to the Department of Human Services - Division of Licensing, and received on March 21, 2022. The request and accompanying information, has been reviewed by the Commissioner of Human Services (Commissioner). APPLICABLE STATUTES AND RULES Minnesota Rules, part 9503.0140, subpart 17 Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1: The DHS licensor observed that hazardous objects were accessible to children. A small climber was placed directly on the tile floor in the infant/toddler classroom 504. Tile floor does not provide a safe or adequate fall zone. Your Response: In your request for reconsideration, you argue that the cushion can be placed together and is low to the ground. You state that the crawler allows children to explore the space and encourage motor development. You also argue that the citation does not fit the identified rule or statute. You argue, that under Minnesota Rules, part 9503.0140, subpart 17, the definition of hazardous objects is limited to sharp objects, medicines, plastic bags, poisonous plants, and chemicals, including household supplies. Applicable Law: This correction order cited a violation of Minnesota Rules 9503.0140, subpart 17, and Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e). Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) requires child care centers to have a risk reduction plan that prohibits the accessibility of hazardous items to children. Minnesota Rules 9503.0140, subpart 17, states that sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. These laws require that, when standard safety equipment is included with classroom materials (such as climbers, table seats, toys, etc.), they be used at all times to prevent potential hazardous conditions to children. Similarly, these laws also require that classroom materials not to be used in a manner that presents hazardous conditions to children. Determination on Reconsideration: In relation to this citation, the licensor observed a climber placed directly on tile floor. The licensor documented the climber with a photograph, which corroborates the licensor’s representation in the correction order. At the time of the incident, the climber was placed on tile floor, which posed a hazard to the child. Some surfaces, including hard surfaces such as tile, do not adequately protect children from injury if they were to fall to the ground. Even though the climber is low to the ground, a child could sustain serious injury if they fall from the top of the climber directly onto the tile. This constituted a violation of the licensing rule and statute. Under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e), the climber on a tile floor was a hazardous item accessible to children. Further, while Minnesota Rules, 9503.0140, subpart 17, identifies some hazardous objects, it is not an exhaustive list of all hazardous objects. The failure to use the climber on a safe surface posed a hazard to any of the children in your program who may use it. Overall, the evidence demonstrates that a violation occurred, and therefore the citation is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the correction order. The evidence presented supports the violation, and Citation 1 is affirmed on the basis cited above. This is a final agency decision. The Commissioner encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. If you have any questions regarding this letter, please contact Vaughn Frazher at 651-431-5600. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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