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January 25, 2023 CERTIFIED MAIL Alyssa McGregor, Authorized Agent Lil Newton’s Nest 12325 Highway 55 Plymouth, MN 55441-4750 License Number 1055385 (Child Care Center) Report Numbers: 202208910, 202209288, 202209457, 202210230, 202210379, 202300064 ORDER OF CONDITIONAL LICENSE Dear Alyssa McGregor: The Department of Human Services (DHS) is placing your license to provide child care at Lil Newton’s Nest located at 12325 Highway 55, Plymouth, MN 55441, on conditional status for two years, beginning February 1, 2023. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with Child Care Center licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On November 16, 2022 and January 6, 2023, DHS licensors conducted a licensing review and complaint investigation at your facility located at 12325 highway 55, Plymouth, MN 55441. As a result of this licensing visit, the DHS licensors determined that your program failed to comply with the laws and rules that apply to licensed child care centers, citing 31 violations. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of children served by the program. Nature and Severity: On November 15 and November 16, 2022, DHS licensors determined 31 licensing violations. Additionally, 10 of the 31 violations are repeat violations for which you were previously cited. Numerous violations related to the health and safety of children, including: o Failure to comply with background study requirements (addressed in a separate Order to Pay a Fine on December 12, 2022) o Failure to comply with requirements related to infant care including bottle labeling, items in a crib with an infant younger than one year of age, and crib safety inspections o Failure to keep hazardous items away from children o Failure to maintain adequate staff to child ratios o Failure to maintain staff distribution requirements o Failure to comply with staff training requirements, including orientation, CPR, first aid, annual in-service, and child development and learning o Failure to maintain children’s files o Failure to maintain personnel records o Failure to comply with handwashing requirements for children Chronicity: Your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o January 20, 2023 Conditional License (this order): 31 violations (10 repeat) o December 12, 2022 Order to Pay a Fine: $200 (one background study violation) o December 21, 2022 Determination of Maltreatment, Failure to Report Maltreatment and Order to Pay a Fine: $1,200 o October 31, 2022 Correction Order: 9 violations (6 repeat) o March 29, 2022 Correction Order: 10 violations (6 repeat) o October 6, 2021 Correction Order: 1 violation (1 repeat) o September 7, 2021 Correction Order: 1 violation (1 repeat) May 7, 2019 Correction Order: 11 violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide child care services is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. STAFF QUALIFICATIONS AND TRAINING 1. Violation: The required staff-to-child ratios were not maintained. November 16, 2022 At approximately 8:10 a.m., there was one staff person supervising 12 preschoolers. An additional staff person was required to meet the staff to child ratio requirement. (Germany: Preschool classroom) At approximately 8:20 a.m., there were two staff persons supervising 12 infants. An additional staff person was required to meet the staff to child ratio requirement. (Finland: Infant classroom) At approximately 11:10 a.m., there were two staff persons supervising 21 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (China: Toddler classroom) At approximately 8:26 a.m., there was one staff person supervising 14 preschoolers. An additional staff person was required to meet the staff to child ratio requirement. (Brazil: Preschool classroom) At approximately 9:35 a.m., there was one staff person supervising 15 preschoolers. An additional staff person was required to meet the staff to child ratio requirement. (Madagascar: Preschool classroom) At approximately 11:02 a.m., there were two staff persons supervising 20 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (Norway: Toddler classroom) At approximately 9:00 a.m., there was one staff person supervising 11 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (Greenland: Toddler classroom) At approximately 8:17 a.m., there were two staff person supervising 24 preschoolers. An additional staff person was required to meet the staff to child ratio requirement. (Jamaica: Preschool classroom) At approximately 8:25 a.m., one experienced aide and one aide qualified staff person were supervising 21 children in the toddler classroom. (China: Toddler classroom) At approximately 8:45 a.m., there was one staff person supervising 11 infants. Two additional staff persons were required to meet the staff to child ratio requirement. (Iceland: Infant classroom) At approximately 8:25 a.m., there were three staff persons supervising 14 infants. An additional staff person was required to meet the staff to child ratio requirement. (Poland: Infant classroom) January 4, 2023 Through conversations with staff persons, it was determined that at approximately 9:00 a.m., there were two staff person supervising 35 preschoolers. Two additional staff persons were required to meet the staff to child ratio requirement. (Madagascar: Preschool classroom) Through conversations with staff persons, it was determined that at approximately 7:45 a.m., one staff person was supervising 30 preschoolers. Two additional staff persons were required to meet the staff to child ratio requirement. (Kindergarten: Preschool classroom) Through conversations with staff persons, it was determined that at approximately 12:00 p.m., there were two staff persons supervising 22 preschoolers. An additional staff person was required to meet the staff to child ratio requirement. (France: Preschool classroom) Through conversations with staff persons, it was determined that at approximately 12:30 p.m., there was one staff person supervising 12 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (Norway: Toddler classroom) Through conversations with staff persons, it was determined that at approximately 8:00 a.m., there were two staff persons supervising between 22-29 toddlers. Two to three additional staff persons were required to meet the staff to child ratio requirement. (China: Toddler classroom) Through conversations with staff persons, it was determined that at approximately 9:00 a.m., there were two staff person supervising 12 infants. An additional staff person was required to meet the staff to child ratio requirement. (Poland: Infant classroom) Through conversations with staff persons, it was determined that at approximately 8:30 a.m., there was one staff person supervising 15 infants. Three additional staff persons were required to meet the staff to child ratio requirement. Through conversations with staff persons, it was determined that at approximately 9:00 a.m., there were two staff persons supervising 11 infants. An additional staff person was required to meet the staff to child ratio requirement. (Thailand: Infant classroom) January 6, 2023 At approximately 8:14 a.m., there were two staff persons supervising 16 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (China: Toddler classroom) At approximately 8:30 a.m., there was one staff person supervising 8 toddlers. An additional staff person was required to meet the staff to child ratio requirement. (Greenland: Toddler classroom) Citation: Minnesota Rules, part 9503.0040, subpart 1. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated October 31, 2022 · A Correction Order dated March 29, 2022 · A Correction Order dated October 6, 2021 · A Correction Order dated September 7, 2021 2. Violation: Staff distribution requirements were not maintained. November 16, 2022 At approximately 8:20 a.m., there was one teacher qualified staff person with 12 children in the preschool classroom. To meet staff distribution requirements the second staff person needed to be at least qualified as an aide. At approximately 8:31 a.m., there was one teacher qualified staff person with two aides with 25 children in the preschool classroom. To meet staff distribution requirements the third staff person needed to be at least qualified as an assistant teacher. (Germany: Preschool classroom) At approximately 8:20 a.m., there was one teacher qualified staff person and one aide qualified staff person with 12 children in the infant classroom. To meet staff distribution requirements the third staff person needed to be at least qualified as an assistant teacher. (Finland: Infant classroom) At approximately 8:26 a.m., there was one teacher qualified staff person with 14 children in the preschool classroom. To meet staff distribution requirements the second staff person needed to be qualified as an aide. (Brazil: Preschool classroom) At approximately 9:15 a.m., there was one teacher qualified staff person with 15 children in the preschool classroom. To meet staff distribution requirements the second staff person needed to be qualified as an aide. (Madagascar: Preschool classroom) At approximately 9:00 a.m., there was one teacher qualified staff person with 11 children in the toddler classroom. To meet staff distribution requirements the second staff person needed to be qualified as an aide. (Greenland: Toddler classroom) At approximately 8:25 a.m., there was one teacher qualified staff person and two aides supervising 14 children in the infant classroom. To meet staff distribution requirements the third staff person needed to be qualified as an assistant teacher, and the fourth staff person needed to be qualified as an aide. (Poland: Infant classroom) At approximately 8:25 a.m., one experienced aide and one aide qualified staff person were supervising 21 children in the toddler classroom. (China: Toddler classroom) At approximately 8:15 a.m., an experienced aide and three aide qualified staff persons were supervising 14 children in the infant classroom. (Thailand: Infant classroom) January 4, 2023 Through conversations with staff persons, it was determined on January 4, 2023, at approximately 7:45 a.m., there was one teacher with 30 children in the preschooler classroom. To meet staff distribution requirements the second staff person needed to be qualified as an aide, and the third needed to be qualified as an assistant teacher. (Kindergarten: Preschool classroom) Citation: Minnesota Rules, part 9503.0040, subpart 2. 3. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. November 16, 2022 At approximately 8:25 a.m., an aide qualified staff person was supervising 12 children in the preschool classroom. (Norway: Toddler classroom) At approximately 8:45 a.m., one aide qualified staff person was supervising 14 children in the preschool classroom. (Jamaica: Preschool classroom) At approximately 8:45 a.m., an aide qualified staff person was supervising 11 children in the infant classroom. (Iceland: Infant classroom) January 6, 2023 At approximately 8:10 a.m., an aide qualified staff person was supervising 6 children in the toddler classroom. (Norway: Toddler classroom) At approximately 8:00 a.m., an aide qualified staff person was supervising 7 children in the preschool classroom. (Japan: Preschool classroom) At approximately 7:57 a.m., an aide qualified staff person was supervising 5 children in the preschool classroom. (France: Preschool classroom) Citation: Minnesota Rules, part 9503.0040, subpart 2, item D; and Minnesota Rules, part 9503.0034, subpart 1. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated October 31, 2022 4. Violation: The program did not have documentation on site to show that 5 of 5 (SP2, SP5, SP7, SP9 and SP10) staff persons met the: · education requirements of the teacher job classification for which the staff person was employed (SP2, SP7, SP9 and SP10); and · experience requirements of the teacher job classification for which the staff person was employed (SP5 and SP10). Citation: Minnesota Rules, parts 9503.0032, subpart 2; and 9503.0120, item B. Staff Training 5. Violation: The required in-service training had not been completed for 2 of 6 (SP2 and SP9) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the 2021 calendar year. In-service training did not include: · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP2 and SP9); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP2 and SP9); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP2 and SP9); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP2 and SP9); and · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP2 and SP9). Citation: Minnesota Statutes, section 245A.40, subdivision 7. 6. Violation: The program did not comply with requirements for an allergy-related Individual Child Care Program Plan (ICCPP). Documentation was not available to show that staff persons responsible for carrying out an ICCPP had reviewed an allergy-related ICCPP. There was no documentation available to show that 2 of 2 (SP5 and SP11) staff persons had reviewed an allergy-related ICCPP for a child. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (b). 7. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 5 of 10 (SP1, SP5, SP6, SP8 and SP10) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment: a) within 90 days of the start of work or within the previous two years (SP1 and SP6); and b) before unsupervised contact with a child (SP1, SP5, SP8 and SP10). Citation: Minnesota Statutes, section 245A.40, subdivision 4; and Minnesota Rules, part 9503.0120, item D. 8. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 5 of 10 (SP1, SP5, SP6, SP8 and SP10) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: a) within 90 days of the start of work or within the previous two years (SP1 and SP6); and b) before unsupervised direct contact with a child (SP1, SP5, SP8 and SP10). Citation: Minnesota Statutes, section 245A.40, subdivision 3; and Minnesota Rules part 9503.0120, item D. SUPERVISION 9. Violation: Staff did not supervise the children at all times (Facility). Through documentation provided by the license holder, it was determined that on November 4, 2022, at approximately 8:20 a.m.: preschool aged children were left unsupervised in the South wing hallway while a single staff person supervised children in the bathroom; preschool aged children were left unsupervised in the South wing bathroom while a single staff person supervised children in the hallway; and a preschool aged child was left unsupervised for at least two minutes in the South wing bathroom after the supervising teacher left the area. (Facility) Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Citation: Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. INFANT AND TODDLER CARE 10. Violation: The program did not comply with sanitary procedures and practices for infant diets. Sanitary procedures and practices for infant diets were not followed. There were five infants seated in a kidney shaped table spreading breakfast cereal back and forth to each other and eating the cereal communal style. (Iceland: Infant classroom) Citation: Minnesota Rules, part 9503.0145, subpart 7. 11. Violation: The program did not place all infants to sleep on their backs and did not have documentation from an infant's physician or advanced practice registered nurse directing an alternative sleeping position. It was determined through a conversation with a staff person that when placing infants in their cribs, infants under the age of 12 months are placed on their stomachs. (Finland: Infant classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (a). 12. Violation: The program allowed an infant under six months of age who independently rolled onto his/her stomach after being placed to sleep on his/her back to remain sleeping on his/her stomach and did not have a signed statement from the parent indicating that the infant regularly rolls over at home. In addition, it was determined through conversations with staff persons were unaware of the age an infant is able roll over when sleeping, and remain rolled over. (Thailand: Infant classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (a). 13. Violation: The program did not comply with the requirements for reducing the risk of sudden unexpected infant death. The center did not place each infant to sleep in a crib directly on a firm mattress with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be dislodged by pulling on the corner with reasonable effort. There was one crib sheet with hazardous wrinkles. A crib sheet must fit tightly on the mattress. (Iceland: Infant classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (b). PHYSICAL ENVIRONMENT 14. Violation: The program did not comply with cleanliness requirements. There was a milk crate labeled "spit up rags" in a crib. The crib was labeled with an enrolled child's name. (Finland: Infant classroom) A diaper bin was overflowing causing the classroom to have a foul odor. (England: Toddler classroom) There was a toilet training chair containing urine and a dirty towel laying on the floor in the basement boy's bathroom. (Facility) There was a toilet training chair containing urine in the South wing girl's bathroom. (Facility) There was a bag of garbage on the floor and a toilet training chair containing urine. (Norway: Toddler classroom) As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch.' Citation: Minnesota Rules, part 9503.0140, subpart 9. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated March 29, 2022 15. Violation: Areas used by the children were not in good repair. There was a six-inch section of vinyl molding on the bottom of wall missing and the cement was crumbling off the wall. (Italy: Toddler classroom) One toilet was out of order and the thermostat was not secured to the wall, creating a hole with sharp edges of ceramic tile in the basement girls' bathroom. (Facility) Citation: Minnesota Rules, part 9503.0140, subpart 20. 16. Violation: A rug or rugs: · did not have a nonskid backing (Facility); · were not free from tears (Ireland and Brazil); and · were curled or had frayed edges (Ireland, Kindergarten, Brazil, France and Jamaica). A seam in the carpet was frayed. (Ireland: Preschool classroom and France: Preschool classroom) A carpet tile had curled edges. (Kindergarten: Preschool classroom) A seam in the carpet was torn and frayed. (Brazil: Preschool classroom) The non-slip backing on a rug in the large motor room was loose and the rug was no longer secure. (Facility) A corner of the carpet was frayed. (Jamaica: Preschool classroom) Citation: Minnesota Rules, part 9503.0140, subpart 20. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated October 31, 2022 17. Violation: A minimum of 35 square feet of indoor space was not available for each child in attendance. November 16, 2022 At 9:37 a.m., there were 25 children in the classroom. The classroom has a maximum capacity for 22 children. (Germany: Preschool classroom) At 1:02 p.m., there were 41 children in the large motor room. The large motor room has a maximum capacity for 34 children. (Facility: Facility) At 8:40 a.m., there were 25 children in the classroom. The classroom has a maximum capacity for 22 children. (Jamaica: Preschool classroom) January 4, 2023 Through conversations with staff persons, it was determined on January 4, 2023, at approximately 9:00 a.m., there were 35 children in the classroom. The classroom has a capacity for 21 children. (Madagascar: Preschool classroom) Citation: Minnesota Rules, part 9503.0155, subpart 9. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated March 29, 2022 18. Violation: Electrical outlets were not tamper-proof or shielded. There was an electrical outlet that was not tamper-proof or shielded. (Kindergarten: Preschool classroom and Norway: Toddler classroom) Citation: Minnesota Rules, part 9503.0155, subpart 11. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated October 31, 2022 · A Correction Order dated March 29, 2022 HAZARDS 19. Violation: The DHS licensor observed that hazardous objects were accessible to children. There was a staff purse on a counter accessible to children. (Jamaica: Preschool classroom) There was a radio stored on a shelf with an unsecured cord accessible to children, presenting a risk of tripping and/or the radio being pulled down on children. (Norway: Toddler classroom) There was an empty plastic bag hanging on hook and accessible to children. (France: Preschool classroom) There was a speaker stored on a shelf with an unsecured cord accessible to children, presenting a risk of the speaker being pulled down on children. (Brazil: Preschool classroom) There was a bleach spray bottle, a soapy spray bottle and a container of diaper wipes stored on a counter, accessible to children. (Greece: Toddler classroom) There was a bleach spray bottle and a container of diaper wipes stored on the counter and accessible to children. (China: Toddler classroom) Citation: Minnesota Rules, part 9503.0140, subpart 17; and Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e). Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated October 31, 2022 · A Correction Order dated June 24, 2021 20. Violation: Hot or hazardous surfaces were not shielded or insulated. There were two unsecured bottle warmers stored on a counter, posing a hazard. (Poland: Infant classroom) Citation: Minnesota Rules, part 9503.0155, subpart 10. BEHAVIOR GUIDANCE 21. Violation: The centers written behavior guidance policies and procedures were not carried out. Through documentation provided by the license holder, it was determined that on November 11, 2022, at approximately 11:40 a.m., a staff person placed their hand in spilled milk and flicked the milk on a child. The program is responsible to ensure that each child is provided with a positive model of acceptable behavior. Citation: Minnesota Rules, part 9503.0055, subpart 1. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated October 31, 2022 22. Violation: The program violated the behavior guidance policy prohibiting certain disciplinary actions. Through documentation provided by the license holder, it was determined on December 9, 2022, at 9:53 a.m. and at 2:09 p.m., a staff person used language threatening to a child, and at 2:17 p.m. on the same day, a staff person subjected children to corporal punishment by shoving two children. (Norway: Preschool classroom) Citation: Minnesota Rules, part 9503.0055, subpart 3 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order(s): · A Correction Order dated March 29, 2022 HEALTH AND SAFETY 23. Violation: Food allergy information was not readily available to staff where food is served. There was no food allergy information for one child readily available where food is served. (Kindergarten: Preschool classroom and France: Preschool classroom) There was no food allergy information for two children readily available to staff where food is served. (Brazil: Preschool classroom) There was no food allergy information for four children readily available where food is prepared. (Facility: Kitchen) Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d). 24. Violation: The program's policy on preventing and responding to allergies did not include procedures that state the license holder must develop an individual child care program plan, which includes a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, procedures for responding to an allergic reaction, including medication, dosages, and a doctor’s contact information. Citation: Minnesota Statutes, section 245A.41, subdivision 1. 25. Violation: The program's policy for handling and disposal of bodily fluids did not include procedures that state: · surfaces that come into contact with potentially infectious bodily fluids, including blood and vomit, must be cleaned and disinfected according to Minnesota Rules, part 9503.0005, subpart 11; · blood-contaminated material must be disposed of in a plastic bag with a secure tie; and · sharp items used for a child with special needs must be disposed of in a "sharps container" and must be stored out of reach of a child. Citation: Minnesota Statutes, section 245A.41, subdivision 2. 26. Violation: Meals did not comply with the nutritional requirements of the USDA. Through conversation with a staff person, it was determined that on the day of the review, preschool aged children were not provided a full 4 oz. serving of noodle hot dish as directed by the catering company portion guide. (Ireland: Preschool classroom, Germany: Preschool classroom, Japan: Preschool classroom, Kindergarten: Preschool classroom, Brazil: Preschool classroom, France: Preschool classroom, Madagascar: Preschool classroom, Jamaica: Preschool classroom and Australia : Preschool classroom) Citation: Minnesota Rules, part 9503.0145, subpart 4. Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated March 29, 2022 27. Violation: Equipment and furniture were not in good repair. The lid on a clear dramatic play bin was broken and cracked. (Spain: Preschool classroom) The blue foam block in the library area had a rip, causing the foam to be exposed. (Jamaica: Preschool classroom) Citation: Minnesota Rules, part 9503.0140, subpart 19. EQUIPMENT AND SUPPLIES 28. Violation: The program did not provide children access to interest areas on a daily basis. Children were not provided daily access to a: a. construction interest area (Greece); b. dramatic or practical life activities interest area (Norway); c. science interest area (Greece); and d. music interest area (France). Citation: Minnesota Rules, part 9503.0045, subpart 2. 29. Violation: The minimum amount of equipment specified for an age category was not accessible every day to the children of that age category. Through a conversation with an administrative staff person and classroom observation, it was determined limited materials were accessible to children. The plastic bin had lids on them that toddlers were not able to open. (Greenland: Toddler classroom) Citation: Minnesota Rules, part 9503.0060, subpart 1. CHILDREN’S FILES 30. Violation: Each child's record did not contain all required information. One out of five (C4) children's files reviewed did not contain the names and telephone numbers of anyone authorized to take the child from the program. Citation: Minnesota Rules, part 9503.0125. Medication/First Aid 31. Violation: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. There were four bottles of sunscreen stored in the top cubby of the children's lockers, accessible to the preschool aged children. (Kindergarten: Preschool classroom) There was a bucket of diaper creams stored on the changing table, accessible to children. (England: Toddler classroom) There was a container of diaper wipes stored on a shelf in the basement boy's bathroom, accessible to children. There was a container of diaper wipes and diaper cream stored on a shelf in the South wing girl's bathroom, accessible to children. (Facility) There was a container of diaper wipes and Vaseline stored on a counter, accessible to children. (Norway: Toddler classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item E. Immediate corrective action required You must immediately correct the violations cited above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations. If you fail to demonstrate substantial compliance with child care requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Additionally, DHS will not approve a request to increase your licensed child care services from the date of this order until the time your conditional license expires. CONDITIONAL LICENSE TERMS In addition to the child care licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days from receipt of this order, you must provide written notification of the conditional status of your license to all parents/legal guardians. Prior to providing the written notification to all parents/legal guardians, you must submit the written notice to your DHS licensor for approval. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees who will have direct contact with children served by the program. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and · the date the background study request was submitted to DHS. 3. Within 45 days from receipt of this order, you must ensure that all staff persons have successfully completed training as required under Minnesota Statutes, section 245A.40, as well as training on your risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 3. You also must ensure that new hires successfully complete all applicable training. You must maintain documentation of the completed training in each staff person’s personnel record. 4. You must develop a detailed supervision plan to ensure that children will be supervised by program staff persons at all times, consistent with the definition of supervision under Minnesota Statutes, section 245A.02, subdivision 18, and in compliance with the risk reduction plan requirements under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f), (1) through (5). Within 30 days from receipt of this order, you must submit the supervision plan to your licensor for approval. Within 30 days after the supervision plan is approved by your licensor, you must provide training to all staff on the supervision plan and maintain documentation of the training in each staff person’s personnel record. You must also ensure new hires receive the same training and document the training in each new hire’s personnel record. 5. On a monthly basis while your license is on conditional status, you must complete staffing patterns that identify every staff person and his/her job title included in the staff-to-child ratio for each classroom and maintain all completed staffing patterns onsite. The staffing information must be documented on the enclosed form titled “Staffing Patterns,” must be completed separately for each classroom, and must include the total number of children in attendance each hour for each classroom. The documentation must include the time each person takes their break, if applicable, and identify the name of the person who replaces them. Staffing patterns must be completed at the beginning of each month and made immediately available to the Commissioner upon request. Within 30 days from the receipt of this order, you must develop a plan to ensure staff to child ratios are maintained at all times and submit the plan to your licensor for approval. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below 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. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began 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 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all child care laws and rules. Posting of this licensing action You are required to place this Order of Conditional License 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.06, subdivision 1. · Commissioner’s evaluation under Minnesota Statutes, section 245A.04, subdivision 6. · Child care centers are required to follow Minnesota Rules, parts 9503.0005 to 9503.0170; and Minnesota Statutes, Chapters 245A, 245C, and 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Meg Holmen, Supervisor, at 651-431-6534. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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