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May 2, 2023 Hema Sai Kishore, Authorized Agent Eureka Kids Inc. 1318 BOULDER POINT LN SW Rochester, MN 55902-1741 License Number: 1113672 (Child Care Ctr) Program Location: 3640 9TH ST NW, Rochester, MN 55901-6685 Dear Hema Sai Kishore: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 from the Correction Order issued to you by the Department of Human Services on February 7, 2023. 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. Food allergy information was not readily available to staff where food is served. Allergy information for a child with food allergies was not available in the Infant 1 Classroom where food is served. (Infant 1 Classroom: Infant classroom) Your Response. You stated that the staff in the Infant 1 Classroom had said that the Individual Childcare Program Plan (“CCPP) containing allergy information for a child was not located in the emergency backpack, which is kept in the food serving area. You stated that after the DHS licensor left the facility, a member of the management team investigated and immediately found that the ICCPP was actually in the emergency backpack Applicable Law. Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d), requires that a child's allergy information must be always available including on site, when on field trips, or during transportation. A child's food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Pursuant to Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a), if a child has a known allergy, the license holder must maintain current information about the allergy in the child's record and develop an ICCPP as specified in Minnesota Rules, part 9503.0065, subpart 3. The individual childcare program plan must include but not be limited to a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction, including medication, dosages, and a doctor's contact information. Reconsideration Determination. The child’s allergy ICCPP was required to be available in the area where food is prepared and served to the children. Children are served food in the Infant 1 Classroom, and the allergy ICCPPs are kept in an emergency backpack within the classroom. While the DHS licensor was on site, the allergy ICCPP for one child was not in the Infant 1 Classroom. Staff in the classroom told the DHS licensor that the ICCPP was not in the classroom. In addition, during the site visit, the authorized agent acknowledged that the ICCPP was not in the emergency backpack and had produced a new copy of the ICCPP to place in the backpack. The violation and the on-site correction was discussed in the exit interview with the authorized agent. The record supports finding that at the time of site-visit, the allergy ICCPP was not in the emergency backpack or otherwise in the classroom. 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 1, 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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