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January 13, 2023 Steven G Sterud, Authorized Agent Little Eagles Daycare 2860 291ST AVE Madison, MN 56256-3296 License Number: 1096861 (Child Care Ctr) Program Location: 316 W 4TH ST, Madison, MN 56256-1406 Report Number: 202108015, 202108946 Dear Steven Sterud: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 2, 3, and 4 from the Correction Order issued to you by the Department of Human Services on October 15, 2021. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 2. Staff distribution requirements were not maintained. Through an investigation the following were determined: · On September 13, 2021, 11 infants were being supervised by one aide qualified staff person. One teacher, one assistant teacher and one aide qualified staff person were required. · On September 23, 2021, 9 preschool children were being supervised by one aide qualified staff person from approximately 11:00 a.m. to 12:00 p.m. A teacher qualified staff person was required. · Through an investigation it was determined that once or twice per week the toddler classroom was being supervised by 2 aides at the end of the day. Your Response. Regarding the preschool classroom, you stated that director and an assistant teacher were in the classroom from 8:00 a.m. to 3:30 p.m. You also stated that aides are never left alone in classrooms, and that the director is in the building until close. You provided a copy of the staff schedule for that day. Applicable Law. When caring for infants the minimum staff-to-child ratio is one to four; for toddlers, the ratio is one to seven; for preschoolers, the ration is one to ten. Minnesota Rules, part 9503.0040, subpart 1. The first staff member needed to meet the require staff-to-child ratio must be a teacher, the second staff member must have at least the qualifications of a child care aide, the third staff member must have at least the qualifications of an assistant teacher, and the fourth staff member must have at least the qualifications of a child care aide. Minnesota Rules, part 9503.0040, subpart 2, item D.
Reconsideration Determination. While you denied failing to meet staff distribution requirements, staff interviews revealed that: on September 13, 2021, one aide was supervising 11 infants, when the ratio was one to four; on September 23, 2021, an aide was supervising nine preschoolers, when a teacher was required; and that once or twice per week the toddler classroom was supervised only by aides, when a teacher was required. The citation is affirmed. Citation 3. The program violated the behavior guidance policy prohibiting certain disciplinary actions. · Through an investigation it was determined that a staff person (SP1) yells at children in a threatening tone on a daily basis. · Through an investigation it was determined that on one occasion a staff person (SP1) grabbed a child's arm roughly. · Through an investigation it was determined that a staff person (SP1) slapped a child's mouth. Your Response. You stated that SP1 does not yell at children, and that there is a difference between yelling at a child and using demeaning words, and raising your voice to get attention. You stated that SP1 did not grab a child roughly, that SP1 broke up a fight between two children and put four fingers under a child’s arm to turn them around. You stated that SP1 did not slap a child’s mouth. Applicable Law. License holders must have and enforce a policy that prohibits the subjection of a child to corporal punishment, which includes rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking. Minnesota Rules, part 9503.0055, subpart 3, item A. License holders must have and enforce a policy that prohibits the subjection of a child to emotional abuse, which includes name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, and using language that threatens, humiliates, or frightens the child. Minnesota Rules, part 9503.0055, subpart 3, item B. Reconsideration Determination. Multiple staff persons observed SP1 yelling at children on a regular basis. In one instance, SP1 was yelling to a degree that it even made a staff person present nervous. On another occasion SP1 yelled at children in the preschool classroom and told staff “that’s how you get the kids to listen.” During an instance where SP1 was yelling at children in the hallway, staff in a classroom heard you yelling “Hurry up, get in line, we don’t have time for this.” Given this context, and the age of the children being yelled at, SP1’s yelling at children was emotional abuse, as it was frightening and threatening. This portion of the citation is affirmed. Grabbing a child roughly by the arm constitutes rough handling. Multiple staff persons observed instances where SP1 roughly grabbed a children’s arms, even instances where children would express pain after SP1 grabbed their arms. This portion of the citation is affirmed. Hitting a child is corporal punishment, and is prohibited. Multiple staff persons witnessed SP1 hit a child on the mouth. This portion of the citation is affirmed. Citation 3 is affirmed. Citation 4. The program violated the behavior guidance policy for separation; · children were being separated from the group before less intrusive behavior guidance methods had been tried; · children who were being separated from the group did not remain in an unenclosed part of the classroom within continuous sight and hearing of a program staff person; and · children were not being allowed to return to the group upon stopping unacceptable behavior. Through an investigation it was determined that C1 was taken into the director's office as a means of behavior guidance. Your Response. You stated that the child was separated from the child during naptime because the child refused to nap and would run around the classroom screaming. You stated that the child has special needs. When the child was screaming and refusing to settle down, the director would take the child to their office and would stay in the office with the director until the child was calm. You stated that the parents of the children were aware and agreed to this, but that it was not in writing. Applicable Law. Under Minnesota Rules, part 9503.0055, subpart 4: · No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. · A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. · When separation from the group is used as a behavior guidance technique, the child's return to the group must be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior that precipitated the separation abates or stops. · A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance. Reconsideration Determination. During the investigation, the director acknowledged that the child was separated from other children during naptime and when they threatened the well being of other children. However, the child was separated before less intrusive methods of guiding the child’s behavior had been utilized. Further, even if separation was warranted, the child was required to remain within an unenclosed part of the classroom. Instead, the child was removed from the classroom and moved to the director’s office. Finally, although the request for reconsideration states that child was returned to the classroom instead of calming down, during the investigation, the director stated that the child remained in the director’s office watching learning videos or Mickey Mouse videos during naptime or until the child’s parent’s picked him/her up, rather than being returned to the group. While the program’s policies did correctly state the requirements for separating a child from the group, the requirements were not enforced as required. 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. Citations 2, 3, and 4 are supported by the record and affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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