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NOTICE: This amended Order of License Revocation supersedes the original Order of License Revocation dated September 30, 2022. This document is amended to add additional information regarding the licensing investigation of your family adult foster care home. The original Order of License Revocation dated September 30, 2022, must be destroyed. Date issued: September 30, 2022 Date reissued: December 23, 2022 CERTIFIED MAIL Kehinde Yusuf Caring for Adults 1318 32nd Street Circle S Moorhead, MN 56560 License Numbers: 1081377 (AFC) 1082307 (245D-HCBS) ORDER OF LICENSE REVOCATION Dear Mr. Yusuf: Based on the recommendation of Clay County Social Services Department, the Department of Human Services (DHS) is revoking your licenses to provide family adult foster care (AFC) and home and community based services (HCBS) at 1318 32nd Street Circle S, Moorhead, MN 56560. This revocation is based on the Commissioner’s evaluation and failure to comply with licensing laws and rules. 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 persons served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. You were initially licensed through Clay County to provide family adult foster care (AFC) on April 15, 2016. On July 18, 2016, you were also licensed by DHS to provide home and community based services in your family adult foster home. Under the foster care licensing moratorium per Minnesota Statutes, section 245A.03, subdivision 7, if a family adult foster care license is issued during the moratorium and the license holder changes their primary residence away from the physical location of the foster care license, the Commissioner shall revoke the license. Box 64242 * Saint Paul, Minnesota * 55164-0242 * An Equal Opportunity Employer http://www.dhs.state.mn.us/licensing On November 17, 2021, DHS conducted an on-site licensing review for your 245D-HCBS license. During this visit, DHS licensors observed a large sign with the name of your facility posted in the living room, video cameras throughout the home, a sterile environment lacking personal items, and a lack of personal items in the bathroom. You told the DHS licensors that you slept at the home every night, but when you did not then a staff person spent the night. When asked how often you had staff working at the home, you estimated it was two days per week and said sometimes it was more. When asked about the small number of clothing items observed hanging in a closet, you stated that you kept your clothing in a small piece of luggage that was observed at the back of the closet. In March 2022, Clay County initiated a licensing investigation of your family adult foster care program. Based on visits to your family adult foster care home between March 23 and 25, 2022, Clay County determined that you were no longer residing in the home. On March 23, 2022, Clay County made an unannounced visited to your family adult foster home at 7:45 am. The licensor knocked on the door and rang the doorbell without anyone answering the door. The licensor then spoke with you on the phone, and you indicated you were not at the home but that a staff person was present. The licensor then saw an AFC resident outside the home and spoke with them. When asked if there was a staff person currently present, was present overnight, or was there anyone present overnight most nights in the home, they responded no to each question. The licensor entered and inspected the home and observed no one else present in the home. There were signs posted throughout the house for keeping social distance, no smoking, taking off shoes, usage of microwave ovens, and reminders to clean up after yourself which are typically found in shift-staffed facilities, but not in family adult foster homes where the license holder lives and is the primary provider of care. On March 24, 2022, Clay County returned to the home at 10:16 p.m. and observed a staff person present at the home, but you were not there. On March 25, 2022, you met with Clay County at the adult foster home. You stated that the night before you were away from the home at Walmart looking for an electronic item, but that you did not purchase anything and you did not have a receipt to confirm your whereabouts. As part of the licensing investigation, Clay County also determined that you maintain a separate residence at 3540 18th Street South in Moorhead, MN. This determination was made based on visits to this location in March 2022 and November 2022 where the licensor observed your name listed in the security directory on both occasions as a current resident of the apartment complex. Additionally, on March 6, 2022, you were issued a snow emergency parking citation in Ramsey County and the court Register of Actions for this citation identified your current address as 3540 18th St S, Apt 103, in Moorhead, MN. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6.
2. Failure to comply with licensing laws and rules Clay County determined that you failed to fully comply with the laws and rules that apply to licensed adult foster 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 Beginning in March 2022, Clay County began a licensing investigation of your licensed program, which included visits to your licensed program on March 23, 24, and 25, 2022. 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 revocation of your license is appropriate. 1. Clay County determined that you were no longer residing in the licensed adult foster care program at 1318 32nd Street Circle S. and, therefore, your program no longer meets definition of a family adult foster program. Statute Violated: Minnesota Statutes, section 245A.02, subdivision 6 (f); Minnesota Statutes, section 245A.03, subdivision 7. 2. Clay County determined that there was no caregiver providing overnight supervision in the foster home, based on the licensor’s unannounced visit to the home on the morning of March 23, 2022, and information obtained during this visit. Rule Violated: Minnesota Rules, part 9555.5105, subpart 37, paragraph B. 3. Clay County determined that you did not affiliate background studies of staff persons to your adult foster care license from your home and community based services license. Statute Violated: Minnesota Statutes, section 245C.07. Because you changed your primary residence away from the physical location of the family adult foster care license that was issued during the moratorium on new foster care programs that are not the primary residence of the license holder, your licenses to provide adult foster care and home and community based services are revoked.
YOUR RIGHT TO APPEAL You have the right to appeal the revocation. You have already appealed the original Order of License Revocation dated September 30, 2022, so you do not need to submit a new appeal request. Your case will 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. 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: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of people served by your program could result in the immediate suspension of your license. · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may revoke a license. · 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.
Questions If you have any further questions regarding this matter, you may contact Cory Jelinek, Supervisor, at 651-431-3512. Sincerely,  Mary Kelsey, Unit Manager Licensing Division Office of Inspector General cc: Frances Davenport, Clay County Social Services
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