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December 21, 2022 CERTIFIED MAIL Alyssa McGregor, Authorized Agent Lil Newton’s Nest 12325 Highway 55 Plymouth, MN 55441-4750 License Number 1055385-Child Care Center Report Number 202207460 DETERMINATION OF MALTREATMENT FAILURE TO REPORT MALTREATMENT AND ORDER TO PAY A FINE Dear Alyssa McGregor: The Department of Human Services (DHS) determined that Lil Newton’s Nest located at 12325 Highway 55, Plymouth, MN is responsible for maltreatment by neglect and failure to report maltreatment. Based on this determination, DHS is ordering you to pay a fine of $1200. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202207460. Our next steps and your options are also detailed. I. Determination of Maltreatment Allegation one: It was reported that on September 8, 2022, an alleged victim (AV1) was found in a room by him/herself and had been unsupervised for 30 minutes. Based on the maltreatment investigation, DHS determined that two staff persons were responsible for the neglect of AV1. Allegation two: During the investigation, it was also reported that on another, unknown prior date, two alleged victims (AV2 and AV3) were found unsupervised near the facility’s parking lot. Based on the maltreatment investigation, DHS determined that Lil Newton’s Nest was responsible for neglect of AV2 and AV3. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2, paragraph (a). Fine: $1,000 Citations Related to the Maltreatment Determination 1. Citation: Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. Violation: Children were not supervised at all times. · Information showed that on the morning of September 8, 2022, AV1, who was a toddler, was found in a room by him/herself. Based on video it was determined that AV1 was unsupervised in the room for approximately 30 minutes. · Information showed that on the afternoon of August 29, 2022, two toddlers, AV2 and AV3, were found/noticed by a stop sign by a school age child who was playing on the school age playground and the child told P2. P2 then went and got AV2 and AV3 by the parking lot and stop sign. ‘Supervision’ occurs when a program staff person 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. Corrective Action Ordered: 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. Once approved by your licensor, you must incorporate the supervision plan into your risk reduction plan, train staff on the supervision plan, and document that staff have been trained. 2. Citation: Minnesota Rules, part 9503.0155, subpart 7, item A. Violation: The facility exceeded the maximum capacity of the toddler playground. The toddler playground was 2608 square feet. Based on the requirement to have at least 75 square feet of space per child, the maximum capacity of the toddler playground was 34 children on the playground at one time. Information from interviews determined it was routine practice for all five or six toddler classrooms to go outside in the afternoon, resulting in between 36 and 50 toddlers to be outside on the playground together at one time. Corrective Action Ordered: Correct immediately and submit documentation to your licensor within 30 days of receipt of this order detailing how compliance has been achieved and will be maintained in the future. Submissions required as part of the corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Dennis Mergen c/o Licensing Division PO Box 64242 St. Paul, MN 55164-0242 II. Failure to Report Maltreatment Based on the maltreatment investigation, DHS determined that staff persons including supervisory and administrative staff persons had knowledge of the incidents of maltreatment, but did not make a report as required. Legal Authority: Minnesota Statutes, section 260E.06, subdivision 1. Fine: $200 Corrective Action Required: Within 30 days of receipt of this order, submit written documentation to your DHS licensor showing that all staff have been retrained on the reporting requirements for alleged maltreatment. The documentation must identify: names of staff persons completing the training; the date of the training; and who provided the training. Documentation must be maintained in each staff person’s record. III. Order to Pay a Fine Because DHS determined that Lil Newton’s Nest is responsible for maltreatment and failing to report maltreatment you must pay a $1200 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). Billing and Payment of the Fine DHS will send you an invoice for the $1200 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. IV. YOUR RIGHT TO APPEAL You have right to appeal the maltreatment determination and/or fine. Please see options below. Should you exercise your rights to appeal send: 1.
Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. 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 15 calendar days from when you received this order. See address, Page 4. If your request is being personally delivered, it must be received by DHS within 15 calendar days from when you received this order. See address, Page 4. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when you received this order. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request must be postmarked within 15 calendar days from when you received this order. See address, Page 4. A response to your reconsideration request will be mailed within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not mailed within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. 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. See address, Page 4. If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. See address, Page 4. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After 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.justice4mn.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. Posting of this licensing action You are required to place this Maltreatment Determination and Order to Pay a Fine 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 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a child under section 260E for which the license holder is determined responsible. · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33, subdivision 2, paragraph (a) and (b). · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. Questions If you have any further questions regarding this matter, you may contact Melanie Daniel, Supervisor, at 651-431-6559. Sincerely,
Alyssa Dotson, Intake and Investigations Manager Office of Inspector General Licensing Division Enclosure
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