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May 8, 2023 Rose Guerine Mingo Holtz, Authorized Agent Mes Amis French School 13000 SAINT DAVIDS RD Minnetonka, MN 55305-4120 License Number: 1078602 (Child Care Ctr) Program Location: 13000 SAINT DAVIDS RD, Minnetonka, MN 55305-4120 Dear Rose Guerine Mingo Holtz: 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 November 22, 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 individual child care program plan (ICCPP) for 1 of 1 (C1) children with a known allergy did not contain: • a description of the allergy (C1); • specific triggers (C1); • avoidance techniques (C1); • symptoms of an allergic reaction (C1); and • procedures for responding to an allergic reaction, including: medication, dosage, and doctor contact information (C1). Your Response. You stated C1 is allergic to amoxicillin which is a medication that is prescribed and only given by his parents, and that the center does not administer amoxicillin. 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. 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 individual childcare program plan (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. Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a). Reconsideration Determination. When a child has a known allergy, the license holder must maintain current information about the allergy in the child’s record and develop and ICCPP for the child. While you stated that the center does not administer amoxicillin, C1 had a known allergy that was documented in the child’s health care summary. The center was required to maintain allergy information in C1’s record and develop an ICCPP. At the time of the site visit, the center did not have an ICCPP for C1’s known allergy nor did it maintain the required allergy information in C1’s record. The record supports the citation, and it is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 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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