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March 24, 2023 CERTIFIED MAIL Sandamalie Bunnell, Authorized Agent American Montessori, Inc. (The) 13973 W. Preserve Blvd Burnsville, MN 55337 License Number: 830418 (Child Care Center) Report Number: 202210340 ORDER OF CONDITIONAL LICENSE Dear Sandamalie Bunnell: The Department of Human Services (DHS) is placing your license to provide childcare at American Montessori, Inc. (The) located at 13973 W. Preserve Blvd Burnsville, MN 55447 on conditional status for two years, beginning April 3, 2023. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with Child Care 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 February 7, 2023, a DHS licensor conducted a re-inspection visit and investigation at your facility located at 13973 W. Preserve Blvd, Burnsville, Minnesota. The re-inspection was based on the level of noncompliance found during the licensing review that occurred on November 10, 2022. During the re-inspection visit, a DHS licensor determined that your program failed to comply with the laws and rules that apply to licensed child care centers, citing 14 licensing violations, which raised concerns about the operation of the program. DHS has considered the nature, chronicity, and severity of these program’s violations, as well as the health, safety, and rights of children served by the program. · Nature and Severity: On February 7, 2023, a DHS licensor determined 14 licensing violations. Twelve of the fourteen violations are repeat violations for which you were previously cited. Numerous violations related to the health and safety of children, including: o Failure to operate within the terms of license o Failure to maintain adequate staff-to-child ratios o Failure to maintain staff distribution requirements o Failure to supervise children o Failure to comply with emergency preparedness requirements o Failure to comply with behavior guidance requirements · Chronicity: Your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o March 24, 2023 Conditional License (this order): 14 violations (12 repeat) o November 10, 2022 Correction Order: 24 violations (10 repeat) o October 27, 2021 Correction Order 18 violations (3 repeat) o October 22, 2019 Correction Order 18 violations (3 repeat) o August 18, 2018 Correction Order 6 violations (1 repeat) You have responded to violations in previous correction orders to say that the violations were corrected. However, multiple violations found during the re-inspection visit on February 7, 2023, were the same violations for which you told DHS you had corrected. It is critical that you provide clear and accurate information to DHS regarding compliance. If the commissioner finds that you have not corrected violations cited in correction orders or a conditional license, the commissioner may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, section 245A.07. Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children served in your care, your license to provide child care 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 in-service training had not been completed for 3 of 3 (SP1, SP2 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: • The required number of in-service training hours calendar year 2022 (SP1, SP2 and SP6). Repeat Violation: The license holder was previously cited for the same violation involving SP1, SP2, and SP6 in a Correction Order dated November 10, 2022. Additionally, the license holder was cited for a similar violation in a Correction Order dated October 22, 2019. Citation: Minnesota Statutes, section 245A.40, subdivision 7 2. Violation: The required staff-to-child ratios were not maintained. There were two aides supervising six infants and three toddlers. When an infant is present, the staff-to-child ratio is one staff person to four children. A third staff person was required. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2022 · A Correction Order dated October 27, 2021 · A Correction Order dated October 22, 2019 · A Correction Order dated August 18, 2018 License Holder Response received on December 23, 2022: “We have adjusted scheduling and classroom management to ensure 3 staff persons will be in room when required.” Citation: Minnesota Rules, part 9503.0040, subpart 1 3. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. There were two aides supervising six infants and three toddlers. A staff person with the qualifications of a teacher and another with the qualifications of an assistant teacher were required. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2022 · A Correction Order dated October 27, 2021 · A Correction Order dated October 22, 2019 License Holder Responses received on December 23, 2022 and January 6, 2023: “We have adjusted scheduled and requested a variance for staff persons and variance was approved. We have adjusted the classroom to make sure that ratios are kept in compliance, Infant 1-4, Toddler 1-7, and Preschool 1-10.” Citation: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D 4. Violation: The program was not operating within the terms of the license. On the day of the licensing review there were six infants in attendance. The program is not licensed to serve infants. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2022 · A Correction Order dated October 27, 2021 License Holder Response received on January 6, 2023: “We are working with licensor to get infant room approved and licensed, when we do this will no longer be a violation. In order to stay in compliance, since your visit we are no longer enrolling infants, until the license is approved.” Citation: Minnesota Statutes, section 245A.04, subdivision 7a, paragraph (a) SUPERVISION 5. Violation: Staff did not supervise the children at all times (Preschool / School Age). At 11:55 a.m., the DHS licensor observed a preschool child alone in the front entrance putting away their lunch. There was not a staff person in the entrance way with the child. The staff did not have sight of the child and were not able to intervene to protect the health and safety of the child. ( Preschool/School Age classroom) 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. Repeat Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2022 · A Correction Order dated October 22, 2019 · A Correction Order dated August 18, 2018 License Holder Response received on December 23, 2022: “We have arranged classrooms and staff positions within classrooms to ensure that children are supervised at all times.” Citation: Minnesota Statutes, section 245A.02, subdivision 18 and Minnesota Rules, part 9503.0045, subpart 1, item A INFANT AND TODDLER CARE 6. Violation: Daily written reports were not provided to parents. It was determined through a conversation with a staff person that written daily reports are not completed on a daily basis for toddlers. A staff person stated that they communicate to parents verbally at departure and that sometimes written reports are offered. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 10, 2022. License Holder Response received on December 23, 2022: “We have updated daily written reports to include sleeping patterns and we are providing to parents.” Citation: Minnesota Rules, part 9503.0090, subpart 2, item D 7. Violation: During the program's regular hours of operation, infants were mixed with other age categories. There were two infants mixed with three toddlers on the toddler side of the classroom. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 10, 2022. License Holder Response received on December 23, 2022: “We are working with licensor to get license approved for infant room to break out infants from other classroom.” Citation: Minnesota Rules, part 9503.0040, subpart 3, item B, (1) BEHAVIOR GUIDANCE 8. Violation: The program violated the behavior guidance policy prohibiting certain disciplinary actions. The DHS licensor observed three toddlers and two infants in highchairs following lunch. It was determined through a conversation with a staff person that staff leave children in the highchairs for up to 15 minutes following mealtimes to restrict children from accessing toys and materials in the classroom. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 10, 2022. Citation: Minnesota Rules, part 9503.0055, subpart 3 PHYSICAL ENVIRONMENT 9. Violation: The program did not comply with cleanliness requirements; the indoor space was not clean. There was a plastic bag with a dirty diaper on the bathroom floor. (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 10. Violation: The program did not provide the children access to interest areas on a daily basis. Children were not provided daily access to a: • music interest area (Toddlers); and • sensory stimulation activities interest area (Toddlers).- Citation: Minnesota Rules, part 9503.0045, subpart 2 HAZARDS 11. Violation: The DHS licensor observed that hazardous objects were accessible to children. There were two bowls filled with water on a table accessible to children. It was determined through a conversation with a staff person that water is heated in the microwave, then infant bottles are placed in the bowls to warm bottles. This poses a risk to children having access to hot water and being burned. (Toddler classroom) Repeat Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2022 A Correction order dated October 22, 2019Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 CHILDREN’S FILES 12. Violation: Each child's record did not contain all required information. One of one (C1) children's files reviewed did not contain documentation of any individual child care program needs for the child. There was no individual child care program plan on file for one child who has an individualized education plan. When a license holder admits a child with special needs, the license holder must ensure that an individual child care program plan is developed to meet the child's individual needs. (C1) Repeat Violation: The license holder was previously cited for the same violation involving C1 in a Correction Order dated November 10, 2022. Additionally, the license holder was cited for a similar violation in a Correction Order dated October 22, 2019. License Holder Response received December 23, 2022: “We have updated the children’s records for C2 & C4 with the correct information. We have updated C1 records with ICCPP and IEP.” Citation: Minnesota Rules, part 9503.0125 13. Violation: One of one (C2) children's files reviewed did not contain a current immunization record, a signed notarized statement of parental objection to the immunization, or a medical exemption. Repeat Violation: The license holder was previously cited for the same violation involving C2 in a Correction Order dated November 10, 2022. License Holder Response received December 23, 2022: “We have updated the record for C2.” Citation: Minnesota Rules, part 9503.0125, item G; and part 9503.0140, subpart 5 POLICIES AND ADMINISTRATIVE RECORDS 14. Violation: The relocation site and evacuation route was not posted in a visible place as a part of the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, subpart 21. Repeat Violation: The license holder was cited for this same violation in the following orders: · A Correction Order dated November 10, 2022 · A Correction Order dated October 27, 2021 · A Correction Order dated October 22, 2019 License Holder Response received December 23, 2022: We have updated the relocation and evacuation routes and have posted in a visible place. Citation: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (f) 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 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. 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 Attn: 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 Attn: 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 from that date. You continue to be required to comply with all childcare center 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. · 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 Donna Gainor, Supervisor, at 651-431-6529. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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