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August 5, 2022 Kendahl Sweet Pinehaven Youth and Family Services Inc. 13417 Cypress Drive Baxter, MN 56425 License Numbers: 1046389 (Rule 4) CORRECTION ORDER Dear Mr. Sweet: On May 2, 2022, a licensing review of Pinehaven Youth and Family Services Inc., was conducted to determine compliance with state and federal laws and rules governing the provision of child-placing agencies under Minnesota Rules, parts 9545.0755 through 9545.0845 (Rule 4). As a result of this licensing review, a Correction Order is being issued. A. Reason for Correction Order Pursuant to Minnesota Statutes, section 245A.06, if the Commissioner of the Department of Human Services (DHS) finds that an applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the Commissioner may issue a Correction Order to the applicant or license holder. The following violations of state or federal laws and rules were determined as a result of the licensing review. Corrective action for each violation is required by Minnesota Statutes, section 245A.06 and is hereby ordered by the Commissioner of Human Services. 1. Citation: Minnesota Rules, part 9545.0785, subpart 3. Violation: Pinehaven is a non-profit corporation. On January 25, 2022, the non-profit corporation was involuntarily dissolved by the Minnesota Secretary of State (MSOS). The MSOS reinstated the non-profit corporation on April 25, 2022. Further, the MSOS involuntarily dissolved the non-profit corporation on February 20, 2020 and reinstated it on August 7, 2020. During the periods of dissolution (February 20, 2020 to August 7, 2020 and January 25, 2022 to April 25, 2022), Pinehaven violated Minnesota Rules, part 9545.0785, subpart 3, because the agency’s non-profit corporation had been involuntarily dissolved. Consequently, it was not “organized according to a legal form of association or incorporation under Minnesota Statutes.” 2. Citation: Minnesota Rules, part 9545.0795, subpart 2, item D. Violation: The fee policy did not include a statement for individuals to sign indicating that they have read or had explained to them and understand the information on fees and services. 3. Citation: Minnesota Rules, part 9545.0805, subpart 2. Violation: The orientation checklist did not specify that the orientation needed to be completed within the first 5 working days of an employee or volunteer’s starting date. Repeat Violation: This is a repeat licensing violation. The license holder was cited for a similar violation in a correction order dated August 28, 2020. 4. Citation: Minnesota Rules, part 9545.0805, subpart 3. Violations: Six staff persons (SP1-SP6) lacked the required number of annual training hours. · SP1 and SP2 were not listed on the staff form. Information regarding start date, direct contact date, background study date, and number of training hours was not provided. · SP3 and SP4 had no training information listed. SP3 and SP4 should have had 9 hours of training in 2020-2021 prior to leaving employment in 2021. · SP5 began employment in January of 2021. After 10 months of employment, some amount of training needs to have been noted. · SP6 lacked Information regarding start date, direct contact date, and background study date. Therefore, the number of training hours needed in 2020-2021 and 2021-2022 cannot be determined. In addition, the training policy included an emphasis regarding cultural diversity under Minnesota Statutes, section 260C.215, subdivision 6, but does not include training on children with special needs. 5. Citation: Minnesota Rules, part 9545.0815, subpart G. Violation: The agency failed to provide a statement that the agency complies with (1) the Indian Child Welfare Act, Public Law 95-608; (2) the Minnesota Indian family preservation act, Minnesota Statutes, sections 260.751 to 260.835; (3) the heritage act, Minnesota Statutes, sections 259.29, 260C.193, subdivision 3, and 260C.212 to 260C.215; and (4) the interstate compact on the placement of children, Minnesota Statutes, section 260.851. Repeat Violation: This is a repeat licensing violation. The license holder was cited for a similar violation in a correction order dated August 28, 2020. 6. Citation: Minnesota Statutes, section 245C.03, subdivision 7. Violation: Your agency failed to identify the board chair and treasurer on the list of board members, therefore backgrounds studies that are required for all managerial officials cannot be verified. 7. Citation: Minnesota Statutes, section 245A.04, subdivision 1(d). Violation: Your agency did not provide information regarding your grievance procedure for an applicant or license holder to bring a grievance to the highest level of authority in the program. Information provided was the grievance policy for foster children or their parent/guardian to file a grievance. Repeat Violation: This is a repeat licensing violation. The license holder was cited for a similar violation in a correction order dated August 28, 2020. Corrective Action Ordered for Citations 1-7: Within 30 days of receipt of this order, submit evidence of corrective action taken to ensure ongoing compliance. If you fail to correct the violation specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. Submissions required as part of a corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Karol Jensen-Schneider Licensing Division PO Box 64242 St. Paul, MN 55164-0242 B. Right to Request Reconsideration If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to: Commissioner, Department of Human Services ATTN: Legal Unit Licensing Division PO Box 64242 St. Paul, MN 55164-0242 Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14. If you have any questions regarding this Correction Order, please contact Karol Jensen-Schneider at 651-431-3469. Sincerely,
Cory Jelinek, Unit Supervisor Licensing Division Minnesota Department of Human Services
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