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April 12, 2023 CERTIFIED MAIL Kelly Giefer, Authorized Agent Our Little World Daycare 200 Woodhaven Circle Mankato, MN 56001-6444 License Number 1061387 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Kelly Giefer: The Department of Human Services (DHS) is ordering you to pay a fine of $1000 for five out of six background study violations that occurred at Our Little Daycare, located at 121 Birkdale Drive, Mankato, Minnesota. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirement: Background Study Violation Determined on March 22, 2023 While preparing for a licensing review, a DHS licensor determined that you failed to request background studies for six staff persons before they began working in positions allowing direct contact with children served by the program. · SP1 was hired and began working in a position allowing direct contact services to persons served by the program on September 7, 2022. You initiated a background study for SP1 on September 7, 2022. However, DHS did not receive SP1’s consent and disclosure form and SP1’s background study was closed on October 13, 2022. You initiated another background study request for SP1 on October 17, 2022. Because you self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. · SP2 was hired and began working in a position allowing direct contact services to persons served by the program on November 4, 2022. You initiated a background study for on SP2 on November 2, 2022, however, SP2’s fingerprints were not submitted within 14 days and the background study was closed on November 24, 2022, and you were informed to immediately remove SP2 from a position allowing direct contact services. You initiated another background request for SP2 on December 13, 2022. · SP3 was hired and began working in a position allowing direct contact services to persons served by the program on January 13, 2023. You initiated a background study for on SP3 on January 12, 2023, however, SP3’s fingerprints were not submitted within 14 days and the background study was closed on January 27, 2023, and you were informed to immediately remove SP3 from a position allowing direct contact services. You initiated another background request for SP3 on February 3, 2023. Although you -corrected the background study violations involving SP2 and SP3 by submitting the background study before a DHS licensor became aware of the violations, at least 365 days had not passed since you previously self-corrected the background study for SP1. · SP4 was hired and began working a position allowing direct contact services with persons served by the program on August 29, 2022. On the day of the licensing visit, SP4 was working at the program and did not have a background study. Following the licensing review, you initiated a background study request on SP4 on March 23, 2023. · SP5 was hired and began working in a position allowing direct contact with persons served by the program on February 22, 2023. On the day of the licensing visit, SP5 was working at the program and did not have a background study. Following the licensing review, you initiated a background study request for SP5 on March 24, 2023. · SP6 was hired and began working in a position allowing direct contact with persons served by the program on March 22, 2023. On the day of the licensing visit, SP6 was working at the program and did not have a background study. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g); Minnesota Statutes, section 245C.05, subdivision 2. Fee: $1000 (six background study violations– five fineable at $200 per violation) Corrective Action Required: You must comply with background study requirements in Minnesota Statutes, chapter 245C. Within 10 days from receipt of this order, submit written documentation to your licensor detailing how compliance will be maintained in the future. Billing and Payment of the Fine DHS will send you an invoice for the $1000 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. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment. Your Right to Appeal You have the right to 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 receive this order. Please send it to: 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 receive this order. Please bring it to: Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following 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 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 · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(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. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Donna Gainor, Unit Supervisor, at 651-431-6529. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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