|
December 14, 2022 CERTIFIED MAIL Michelle Kleindl 413 East 3rd Street Graceville, MN 56240-4803 License Number 108507 FCC ORDER OF LICENSE REVOCATION Dear Ms. Kleindl Based on the recommendation of Big Stone County Family Services (Big Stone County), the Department of Human Services (DHS) is revoking your license to provide family child care at 413 East 3rd Street, Graceville, 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 were found responsible for maltreatment, because you are disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, because you failed to use appropriate behavior guidance with an infant in care when you subjected that child to corporal punishment, because you failed to ensure that an individual caring for children had a background study as required, because you failed to ensure that an individual caring for children had the required training prior to caring for children, because you transported a child without having the required child passenger restraint training and you did not use a car seat, and because you provided false or misleading information during an investigation. 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. False and misleading information or knowingly withheld relevant information Big Stone County determined that you knowingly withheld relevant information or provided false or misleading information to the Commissioner during the investigation when you denied that the infant was injured while in your care. It was determined that the infant was injured while in your care. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (3). 3. Determination that the license holder is responsible for maltreatment October 17, 2022, Maltreatment Determination On October 17, 2022, Big Stone County determined that you were responsible for maltreatment of a minor by physical abuse and medical neglect. You were informed of your right to request reconsideration of the maltreatment determination. Because you did not make a timely request for reconsideration, the agency’s maltreatment determination is final. If you appeal this revocation order, as explained below, the underlying maltreatment determination will not be reviewed as a part of the contested case hearing. Statute Violated: Minnesota Statutes, 260E.03. 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. 4. Disqualification of the license holder for the program. On December 12, 2022, DHS notified you that you had a disqualification, and of the right to request reconsideration. The disqualification is for serious and recurring maltreatment of a minor. If you make a timely request for reconsideration of the December 12, 2022, disqualification determination, and the disqualification is determined to be correctly disqualifying upon reconsideration, you will be notified of the right to request a fair hearing. If you request a fair hearing regarding the disqualification and if you have appealed this revocation order, as described below, the correctness of your disqualification will be heard along with the revocation at a contested case hearing. Because the disqualification cannot be set aside, the issue of whether you pose a risk of harm to children served will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (2) and Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d) (1)]. . 5. Failure to comply with licensing laws and rules Big Stone 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 On September 13, 2022, Big Stone County received a report regarding your family child care program. As a result of the report Big Stone County conducted an investigation and determined the following licensing violations: · You failed to follow appropriate behavior guidance methods with an infant when the infant was subjected to corporal punishment and was diagnosed with abusive head trauma after being in your care. Rule Violated: Minnesota Rules, parts 9502.0395, subpart 1 and 2. · You failed to ensure that an individual caring for children had a background study as required. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1. · You failed to ensure that an individual caring for children had the required SUID and AHT training prior to caring or children. Statute Violated: Minnesota Statutes, section 245A.50, subdivision 5. · You failed to ensure that an individual caring for children had the required CPR and first aid training prior to caring for children. Statute Violated: Minnesota Statutes, section 245A.50, subdivision 3 and 4. · You failed to take the required child passenger restraint training prior to transporting a child in care. Violated: Minnesota Statutes, section 245A.50, subdivision 6. Previously on September 15, 2022, a Temporary Immediate Suspension was issued which determined children were at an imminent risk of harm. Severity of violations Because you are responsible for maltreatment of a child, 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 nature of the licensing violations in the program, which impact the health and safety of children served 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 Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 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 Legal Counsel’s Office Attention: Licensing 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 October 31, 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. · 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. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license denial that has not been reversed on appeal may not operate as a legally unlicensed child care provider. Operating an unlicensed family child care is a misdemeanor under Minnesota 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: Stephanie Nelson, Big Stone County Family Services
|
