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March 31, 2023 CERTIFIED MAIL Cassandra Jackson, Authorized Agent KinderCare Learning Center 15755 Rockford Road Plymouth, MN 55446 License Number: 800467 (Rule 3) ORDER OF CONDITIONAL LICENSE Dear Cassandra Jackson: The Department of Human Services (DHS) is placing your license to provide child care services at KinderCare Learning Center, located at 101 North Blake Road, Hopkins, MN 55343, on conditional status for two years, beginning April 10, 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 December 2, 2022, a DHS licensor conducted a licensing re-inspection at your facility located at 101 North Blake Road, Hopkins, MN 55343. The re-inspection was based on the level of noncompliance found during a licensing review that occurred on August 22, 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 13 licensing violations. In addition, licensing complaint investigations were conducted on January 24, 2023, and March 10, 2023. Additional violations were determined. 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 December 2, 2022, January 24 and March 10, 2023, a DHS licensor determined 17 licensing violations. Fifteen of the seventeen 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 14, 2022) o Failure to maintain equipment and supplies in good repair o Failure to keep hazardous items away from children o Failure to comply with staff training requirements, including orientation, CPR, first aid, annual in-service, and child development and learning o Failure to comply with allergy prevention and response requirements · Chronicity: On December 2, 2022, January 24, 2023, and March 10, 2023, a DHS licensor determined a total of 17 licensing violations. Fifteen of seventeen violations are repeat violations for which you were previously cited. Your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history:) o March 29, 2023 – Conditional License (this order): 17 violations (15 repeat violations) o March 10, 2023 – Correction Order 1 violation (1 repeat violation) o December 14, 2022 – Order to Pay A Fine $200 (1 background study violation) o September 14, 2022 – Correction Order 18 violations (6 repeat violations) o September 7, 2022 – Order to Pay A fine $ 200 (2 background study violations) o February 4, 2022 - Correction Order 2 violations (2 repeat violations) o June 4, 2020 - Correction Order 12 violations (1 repeat violation) o July 26, 2019 – Determination of Maltreatment and $1,000 Order To Pay A Fine o May 2, 2019 - Correction Order 13 violations (3 repeat 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 is placed on a conditional status. Licensing Violations DHS determined that y our program failed to follow licensing rules and statutes, as described below. STAFF QUALIFICATIONS AND TRAINING 1. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. On December 2, 2022: An aide was working alone in the preschool classroom supervising four children. A staff person with the qualifications of a teacher was required. (Preschool classroom) An aide was working alone supervising two infants. A staff person with the qualifications of a teacher was required. (Infant classroom) Two aides were working alone supervising ten children. A staff person with the qualifications of a teacher was required. (Discovery Preschool) On March 10, 2023: One aide was working alone in the infant classroom supervising five children. A staff person with the qualifications of a teacher was required. (Infant classroom) Two aides were working alone supervising 14 children. A staff person with the qualifications of a teacher was required. (Discovery Preschool Toddler classroom) Two aides were working alone supervising eight children. A staff person with the qualifications of a teacher was required. (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 orders: • A Correction Order dated September 14, 2022 • A Correction Order dated May 2, 2019 • A Correction Order dated December 3, 2018 • A Correction Order dated October 10, 2018 License Holder Response received on October 14, 2022: “Program has reviewed staff qualifications and written variances for staff pursuing their Child Development Associate. Program will use an unqualified sub log when unable to meet distribution requirement.” 2. Violation: The required staff-to-child ratios were not maintained. On March 10, 2023, one aide was working with five infants. A second staff person was required. (Infant 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 September 14, 2022 · A Correction Order dated October 10, 2018 3. Violation: The program did not have documentation on site to show that 2 of 2 (SP4 and SP5) staff persons met the: • education requirements of the teacher job classification for which the staff person was employed (SP4 and SP5); and • experience requirements of the teacher job classification for which the staff person was employed (SP4 and SP5). Citation: Minnesota Rules, parts 9503.0032, subpart 2; and 9503.0120, item B. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: • A Correction Order dated September 14, 2022 • A Correction Order dated May 2, 2019 • A Correction Order dated October 10, 2018 License Holder Response received on October 14, 2022: “SP2 and SP4 are no longer employed at the center. The program has reviewed staff files to ensure Personnel Information Forms accurately reflect staff qualifications.” 4. Violation: Documentation was not available on site to verify that before starting assigned duties 4 of 6 (SP3, SP4, SP5 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: • the risk of abusive head trauma that was at least one-half hour in length as required under subdivision 5a (SP3, SP4, SP5 and SP6); • allergy prevention and response as required by Minnesota Statutes, 245A.41, subdivision 1 (SP3, SP4, SP5 and SP6); • behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP3, SP4, SP5 and SP6); • the child care program plan and center's philosophy (SP3, SP4, SP5 and SP6); • emergency preparedness as required by Minnesota Statutes, 245A.41, subdivision 3. (SP3, SP4, SP5 and SP6); • handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP3, SP4, SP5 and SP6); • handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP3, SP4, SP5 and SP6); • procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP3, SP4, SP5 and SP6); • specific job responsibilities (SP3, SP4, SP5 and SP6); • program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP3, SP4, SP5 and SP6); • reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP3, SP4, SP5 and SP6); • program's risk reduction plan as required under section 245A.66, subdivision 2 (SP3, SP4, SP5 and SP6); and • sudden unexpected infant death that was at least one half hour in length as required in subdivision 5 (SP3 and SP6). Citation: Minnesota Statues, section 245A.40, subdivision 1; and Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b) (1) Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: • A Correction Order dated September 14, 2022 • A Correction Order dated May 2, 2019 License Holder Response received on October 14, 2022: “Program will ensure all new staff complete a minimum half hour of Abusive Head Trauma and Sudden Unexpected Infant Death training and log on the DHS orientation form.” 5. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 2 of 4 (SP4 and SP5) 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 within the previous two years (SP4 and SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 4; and Minnesota Rules, part 9503.0120, item D. Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated September 14, 2022. License Holder Response received on October 14, 2022: “SP2 and SP3 are no longer with the program. Program has reviewed CPR and First Aid requirements with staff and will ensure compliance within 90 days of hire for new staff.” 6. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 2 of 4 (SP4 and SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training within the previous two years (SP4 and SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 3; and Minnesota Rules part 9503.0120, item D. Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated September 14, 2022. 7. Violation: The program did not comply with child development and learning training requirements. Documentation was not available on site to show that 2 of 3 ( SP4 and SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed training that was at least two hours in length (SP4 and SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 2. Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated September 14, 2022. License Holder Response received on October 14, 2022: “SP4 and SP5 are no longer with the program. Program will train staff on Child Growth and Development upon hire and every other year through professional development training.” INFANT CARE 8. Violation: The required crib safety inspections were not completed on a monthly basis. Documentation was not available on site to verify that crib safety inspections were completed in October and November of 2022. (Infant classroom) Citation: Minnesota Statutes, section 245A.146, subdivision 4. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: • A Correction Order dated September 14, 2022 • A Correction Order dated May 2, 2019 License Holder Response received on October 14, 2022: “Program has completed crib checks monthly since licensing inspection and center management will ensure this is completed monthly going forward.” PHYSICAL ENVIRONMENT 9. Violation: The program did not comply with cleanliness requirements; the indoor space was not clean (Discovery Preschool and Infant classroom). Cots were stored in the children's bathroom near the toilets. This was not a clean and sanitary way to store cots. (Discovery Preschool) The food preparation sink was dirty with food residue. (Infant 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 orders: • A Correction Order dated September 14, 2022 • A Correction Order dated February 4, 2022 • A Correction Order dated June 26, 2019 • A Correction Order dated May 2, 2019 License Holder Response received October 14, 2022: “Program staff has reviewed program’s cleaning procedures and center management will observe for cleanliness requirements. Wall behind trash can was cleaned and program has reviewed cleanliness expectations.” 10. Violation: Areas used by the children were not in good repair. One toilet paper holder was broken in the Discovery Preschool children’s bathroom. One toilet paper holder was broken in the Preschool children’s bathroom. (Preschool classroom and Discovery Preschool) The electrical outlet in the hallway outside the Discovery Preschool classroom was missing the outlet plate cover. (Facility) Citation: Minnesota Rules, part 9503.0140, subpart 20. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: • A Correction Order dated September 14, 2022 • A Correction Order dated February 4, 2022 • A Correction Order dated June 4, 2020 • A Correction Order dated May 2, 2019 11. Violation: Electrical outlets were not tamper-proof or shielded. The outlet in the hallway outside the Discovery Preschool classroom was unshielded. (Facility) Citation: Minnesota Rules, part 9503.0155, subpart 11. Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated June 4, 2020. License holder response received on June 10, 2020: “All electrical outlets are shielded.” HAZARDS 12. Violation: The DHS licensor observed that hazardous objects were accessible to children. Cots were stored propped lengthwise against a wall in the toddler bathroom, posing a tipping hazard. (Discovery Preschool classroom) A roll of plastic bags was stored on the bathroom floor accessible to children. (Preschool classroom) Two spray bottles labeled "disinfectant/sanitizer" were stored accessible to children. One spray bottle was stored on a toy shelf and one spray bottle was stored on a chair. (Pre-K/School-age 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 a Correction Order dated September 14, 2022. CHILDREN’S FILES 13. Violation: Three of eight (C1, C2 and C3) 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. Citation: Minnesota Rules, parts 9503.0125, item G; and 9503.0140, subpart 5. Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated September 14, 2022. License Holder Response received on October 14, 2022: “Program has audited children’s files and created a checklist to ensure all items are received from enrolled families.” 14. Violation: One of one (C5) children’s files reviewed did not contain documentation of a current physical examination received within 30 days of enrollment. Citation: Minnesota Rules, part 9503.0125, item G; and part 9503.0140, subpart 3. 15. Violation: The program did not develop an Individual Child Care Program Plan for one of one (C5) children’s files reviewed with a known allergy. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a). Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated June 4, 2020. 16. Violation: The individual child care program plan (ICCPP) for one of one (C4) children with a known allergy did not contain procedures for responding to an allergic reaction, including: medication, dosage, and doctor contact information. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a). HEALTH PRACTICES 17. Violation: On January 24, 2023, food allergy information was not readily available to staff where food is prepared and served. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d). Repeat Licensing Violation: The license holder was cited for a similar violation in a Correction Order dated June 4, 2020. 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. 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: 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: 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 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. · Child care centers are required to follow Minnesota Rules, parts 9503.0005 to 9503.0170; and Minnesota Statutes, Chapters 245A, 245C, and 260E. · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · 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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