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April 14, 2023 Tracy Bergstedt, Authorized Agent American Indian Family and Children's Services, Inc. 25 Empire Drive St. Paul, MN 55103 License Number: 806137 (Rule 4) CORRECTION ORDER Dear Ms. Bergstedt: On March 9, 2023, a licensing review of American Indian Family and Children's Services, Inc. , located at 25 Empire Drive, St. Paul, Minnesota, was conducted to determine compliance with state and federal laws and rules governing the provision of child-placing agencies under Minnesota Rules, parts 9545.0755 through 9545.0845 (Rule 4). As a result of this licensing review, a Correction Order is being issued. A. Reason for Correction Order Pursuant to Minnesota Statutes, section 245A.06, if the Commissioner of the Department of Human Services (DHS) finds that an applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the Commissioner may issue a Correction Order to the applicant or license holder. The following violation(s) of state or federal laws and rules were determined as a result of the licensing review. Corrective action for each violation is required by Minnesota Statutes, section 245A.06 and is hereby ordered by the Commissioner of Human Services. 1. Citation: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g), and section 245A.07, subdivision 3, paragraph (d). Violation: Your agency recommended a license for a foster home (FH1) with an effective date of January 1, 2022. However, the background study of a household member (HHM 1) was not completed until May 4, 2022. Background studies for all applicants and household members must be completed prior to recommending a license. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), except for background study violations involving the failure to comply with an order to immediately remove an individual or an order to provide continuous, direct supervision, the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provisions of this paragraph to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Corrective Action Ordered: You must comply with the 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 has been achieved and how compliance will be maintained in the future. 2. Citation: Minnesota Rules, part 9545.0785, subpart 3. Violation: American Indian Family and Children Service is a non-profit corporation. On March 19, 2019, the non-profit corporation was involuntarily dissolved by the Minnesota Secretary of State (MSOS). The MSOS reinstated the non-profit corporation on September 19, 2019. Further, the MSOS involuntarily dissolved the non-profit corporation on February 11, 2021 and reinstated it on February 17, 2021. During the periods of dissolution (March 19 to September 19, 2019 and February 11 to February 17, 2021), American Indian Family and Children Services violated Minnesota Rules, part 9545.0785, subpart 3, because the agency’s non-profit corporation had been involuntarily dissolved. Consequently, it was not “organized according to a legal form of association or incorporation under Minnesota Statutes.” Corrective Action Ordered: Within 30 days of receipt of this order, submit evidence of corrective action taken to ensure ongoing compliance. If you fail to correct the violation specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. Submissions required as part of a corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Taylor Johnson Licensing Division PO Box 64242 St. Paul, MN 55164-0242 B. Right to Request Reconsideration If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to: Commissioner, Department of Human Services ATTN: Legal Unit Licensing Division PO Box 64953 St. Paul, MN 55164-0242 Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14. If you have any questions regarding this Correction Order, please contact me at 651-431-3512. Sincerely,
Cory Jelinek, Foster Care Licensing Supervisor Licensing Division | Minnesota Department of Human Services
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