|
April 10, 2023 Candice Elaine Deal Bartell, Authorized Agent Cultivate Mankato 1634 N BROAD ST Mankato, MN 56001-3225 License Number: 1096847 (Child Care Ctr) Program Location: 227 E. Main Street, Mankato, MN 56001 Dear Candice Elaine Deal Bartell: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 and 3 from the Correction Order issued to you by the Department of Human Services on June 24, 2022. You did not request reconsideration of any other citation, therefore, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Staff did not supervise the children at all times (Preschool 2). On the day of the licensing visit, the DHS licensor observed a child from the Preschool 2 classroom walk out of the classroom to his cubby in the hallway out of sight of staff persons. 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. Your Response. You stated that the Preschool 2 classroom had three teacher qualified staff members present, and that two were in the classroom, and was in the hallway filling water bottles. You stated that the child would not have received permission to go to the cubby if the third teacher was not already filling water bottles, and that the cubbies or within a couple feet of the classroom door and in front of large windows that overlook the classroom. Applicable Law. For purposes of licensed child care centers, "supervision" means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times, with exception for school age children, and preschoolers using a restroom within the classroom. Minnesota Statutes, section 245A.02, subdivision 18. License holders must have and implement a child care program plan that mandates that supervision at all times. Minnesota Rules, part 9503.0045, subpart 1, item A. Reconsideration Determination. While you stated that there were two teachers in the classroom, and one teacher in the hallway, the evidence in the record indicates that teachers were not aware that the child left the classroom. The DHS licensor was present in the classroom and observed the child leave the classroom while the two teachers were engaged with other students. The DHS licensor observed that neither teacher in the classroom appeared to be aware that the child had left the classroom. The DHS licensor then went into the hallway and looked for additional staff and did not see any other staff present in the hallway at the time the child left the classroom. Supervision requires that staff are within sight and hearing of a child, and can intervene to protect the health and safety of the child. In this case, the record indicates that staff were not even aware the child had left the classroom, as such the child was unsupervised for a period of time. The record supports the citation, and it is affirmed. Citation 3. The program did not have documentation on site to show that 1 of 4 (SP4) staff persons met the experience requirements of the teacher job classification for which the staff person was employed (SP4). Your Response. You stated that SP4 has a college degree and had over 8,000 hours of experience working with young children in an autism center. You stated you did not realize that the time spent working with children in an autism center was not sufficient to qualify this staff member. You also stated that even if the individual was only qualified as an aide, the program would have met its staff to child ration. Applicable Law. Minnesota Rules, parts 9503.0032, subpart 2 identifies the education and experience (working in a licensed child care center or school) qualifications required for teachers based on the credentials they possess. License holders must maintain personnel records for each staff person at the center; the records must contain documentation indicating that the staff person meets the requirements of the staff person’s job position as well as the relevant education and experience requirements. 9503.0120, item B. Reconsideration Determination. The issue at hand is whether there was documentation on site to demonstrate that SP4, who was employed as a teacher, met the requirements of that job classification. The issue is not whether, on that particular day, SP4 was required to meet teacher qualifications in order for the classroom to be compliant with staff-to-child ratio. On the issue of whether there was documentation on site demonstrating that SP4 met the requirements of their position, the record indicates that SP4 was employed as a teacher and was identified as such in the Staffing Patterns form and the Summary of Personnel Information form. While SP4 may have spent time working with children, there is no information in the record that indicates that this experience was as an assistant teacher, aide, or student intern in a child care center or school, or that SP4 otherwise met the requirements of a teacher. 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. The record supports Citations 1 and 3, and they are 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
|
