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April 6, 2023 Crystal Monique Port, Authorized Agent Crystals Cuddle Bugs Childcare Center 14865 S ROBERT TRL Rosemount, MN 55068-3108 License Number: 1078336 (Child Care Ctr) Program Location: 14865 S Robert Trail, Rosemount, MN 55068 Dear Crystal Monique Port: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 3 from the Correction Order issued to you by the Department of Human Services on June 28, 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. The program did not comply with requirements for an allergy-related Individual Child Care Program Plan (ICCPP); Documentation was not available to show that staff persons reviewed an allergy-related ICCPP. There was no documentation available to show that 1 of 1 (SP2) staff persons had reviewed an allergy-related ICCPP for a child. Your Response. You stated that staff had reviewed all ICCPPs at the time of training, and the child’s whose ICCPP was not signed by SP2 was not under the care of SP2 that day. SP2 is not a regular teacher in that classroom. Applicable Law. The license holder must ensure that each staff person who is responsible for carrying out the individual child care program plan review and follow the plan, and must maintain documentation of a staff person's review on site. Minnesota Statutes, section 245A.41, subdivision 1, paragraph (b). Reconsideration Determination. While you stated that that all staff reviewed all ICCPPs, you also admitted that SP2 did not sign the ICCPP like all other staff who reviewed the plan. As such, there was no documentation on site that SP2 reviewed the ICCPP in question. In addition, while you state that SP2 was not a regular teacher in the child’s classroom, the DHS licensor observed that SP2 was staffing the child’s classroom during the site visit. This indicates, that even if the child was not in the classroom on that particular day, that SP2 is a person who is responsible for carrying out the ICCPP. The record supports finding that SP2 was a person required to review and follow the ICCPP, and that there was no documentation on site that SP2 reviewed the ICCPP. 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 Citation 3, and it is 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
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