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May 19, 2023 CERTIFIED MAIL Codelia Karn 7879 O’Brian Avenue Northeast Otsego, MN 55330-6837 License Number 1105990 FCC ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Karn: Based on the recommendation of Wright County Health and Human Services (Wright County), the Department of Human Services (DHS) is placing your license to provide family child care at 7879 O’Brian Avenue Northeast, Otsego, MN on conditional status for one year beginning May 19, 2023. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. In addition, DHS is ordering you to pay a fine of $800. Details of our findings are provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you failed to submit a background study for a caregiver prior to providing care, because you repeatedly failed to ensure that a caregiver had the required training, because you repeatedly failed to operate within the distribution limits of your license, because you provided false or misleading information to Wright County, because you repeatedly failed to comply with correction orders, and because you repeatedly failed to provide records as required. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Wright County determined that your program failed to comply with the laws and rules for licensed family child care. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations On April 12, 2023, Wright County made a licensing visit to your family child care program. Licensing program. As a result of the visit, you were issued a correction order for the following licensing violations. DHS considered the below violations as a factor when it determined that a Conditional License is appropriate. · You failed to comply with a previous correction order when you were using a caregiver that did not have the required training. · You failed to ensure that a caregiver had first aid training as required. · You failed to ensure that a caregiver had cardiopulmonary resuscitation training as required. · You failed to ensure that a caregiver had abusive head trauma (AHT) training as required. · You failed to ensure that a caregiver had Basics of License Family Child Care training as required. March 31, 2023, Correction Order which cited you for the following licensing violations: · You failed to submit a background study for a caregiver as required. · You failed to ensure that a caregiver had first aid training as required. · You failed to ensure that a caregiver had cardiopulmonary resuscitation training as required. · You failed to ensure that a caregiver had AHT as required. · You failed to ensure that a caregiver had Basics of License Family Child Care training as required. · You failed to correct violations that were cited previously. March 31, 2023, Order to Pay a Fine of $200 for repeated failure to comply with correction orders. March 27, 2023, Correction Order which cited you for the following licensing violations: · You failed to submit a background study for a caregiver as required. · You failed to ensure that a caregiver had first aid training as required. · You failed to ensure that a caregiver had cardiopulmonary resuscitation training as required. · You failed to ensure that a caregiver had AHT training as required. · You failed to ensure that a caregiver had Basics of License Family Child Care training as required. · You failed to operate within the distribution limits of your license on March 22, and March 27, 2023, when you were caring for 14 children under school age. You were allowed to care for no more than 10 under school age. February 3, 2023, Correction Order which cited you for the following licensing violations: · You failed to operate within the distribution limits of your license when you were caring for 11 children under school age. You were allowed to care for no more than 10 children under school age. · You failed to correct violations that were cited previously. January 5, 2023, Correction Order which cited you for the following licensing violations: · You failed to provide documentation of monthly fire and storm drill logs. · You failed to provide documentation of an emergency preparedness plan. · You failed to provide documentation of child development and learning and behavior guidance training as required. · You failed to ensure that your water temperature was at or below 120 degrees Fahrenheit. · You failed to provide documentation that you well water was tested annually. February 16, 2022, Correction Order which cited you for the following licensing violations: · You failed to ensure that electrical outlets were shielded as required. · You failed to provide documentation of date and time of emergency drills. · You failed to maintain your fire extinguisher as required. · You failed to ensure that chemicals and detergents were inaccessible to children in care. · You failed to ensure that your water temperature was at or below 120 degrees Fahrenheit. · You failed to provide documentation on permission to administer medication. · You failed to provide documentation of procedures for reporting maltreatment to parents as required. · You failed to obtain any known allergy information for children in care. · You failed to provide documentation of child development and learning and behavior guidance training as required. · You failed to provide documentation of admission and arrangement forms for a child in care. · You failed to provide documentation of immunization records for a child in care. · You failed to provide documentation of consent for emergency medical care for a child in care. · You failed to provide documentation of permission to transport for a child in care. · You failed to provide documentation of Basics of Licensed Family Child Care as required. Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children served in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period. 3. You must submit daily attendance records to Wright County on a monthly basis. The records must be submitted by the 5th of each month for the previous month beginning June 5, 2023. The records must show the name and the date of birth of each child, the days and hours they were in your care, and must include parent sign in and sign out signatures. 4. You must submit daily staff work time records to Wright County on a monthly basis. The records must be submitted by the 5th of the month for the previous month beginning June 5, 2023. The records must show the staff name, date and time worked, and staff signature. 5. You must only use your one approved caregiver. Prior to using other caregivers you must have approval from Wright County to ensure they have the required training and background study. 6. You must work with Wright County to obtain a mentor to work on rule compliance including record compliance and to ensure that your program is sanitary and safe. The mentor must be obtained within 30 days of the issuance of this order. Upon completion of working with the mentor you must submit a summary to Wright County of what you learned and changes you will implement into your program to support a healthy and safe environment. 7. You must either provide a copy of the Order to Pay a Fine and Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the Order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the Order or had an opportunity to review the Order. You must provide this documentation to Wright County by June 9, 2023. For new families, you must submit documentation of compliance with this term to Wright County within 5 days of any child’s admission to your child care program Ongoing Monitoring Your Wright County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. REASON FOR FINE 1. Background Study Violation On March 27, 2023, Wright County made a visit to your family child care home to investigate a report received. As a result of the visit, Wright County determined that you failed to submit a background study for an individual that was caring for children. You were issued a correction order for this licensing violation. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (f). Fine: $200 2. Failure to Complete Training On March 27, 2023, Wright County made a visit to your family child care home to investigate a report received. As a result of the investigation, Wright County determined that you failed to ensure that a caregiver had training on sudden unexpected infant death (SUID) reduction requirements and abusive head trauma (AHT) prior to caring for children. You were issued a correction order for this licensing violation. Statute Violated: Minnesota Statutes, section 245A.50, subdivision 5a. Fine: $200 On March 27, 2023, Wright County made a visit to your family child care home to investigate a report received. As a result of the investigation, Wright County determined that you failed to ensure that a caregiver had training on cardiopulmonary resuscitation (CPR) and first aid prior to caring for children. You were issued a correction order for this licensing violation. Statute Violated: Minnesota Statutes, section 245A.50, subdivision 3a and 4a. Fine: $200 3. False and Misleading Information or Knowingly Withheld Relevant Information On March 27, 2023, Wright County made a visit to your family child care home to investigate a report received. As a result of the investigation, Wright County determined that you knowingly withheld relevant information or provided false or misleading information when you stated that it was a caregivers first day working in your program. You later said that the caregiver had begun working in your program on March 21, 2023. Wright County determined from a tracking log that the individual had worked in your program on four dates in March. Statute Violated: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (3). Fine: $200 Total Fine Amount $800 Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4)(i). YOUR APPEAL/RECONSIDERATION RIGHTS If You Wish to Appeal the Fine and the Conditional License, or Just the Fine You have the right to appeal both the fine and the conditional license, or only the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If You Wish to Only Appeal the Conditional License If you are not appealing the fine, you do not have a right to a contested case hearing. However, you have the right to request reconsideration of the conditional license and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Billing and Payment of the Fine DHS will send you an invoice for the $800 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described above, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described above, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for one year from that date. You continue to be required to comply with all family child care laws and rules. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Prohibition against providing legally unlicensed child care If you do not appeal this order, or if the action is affirmed on appeal, you will not be allowed to provide legally unlicensed child care to unrelated children in the future if you stop operating your licensed child care program. Operating an unlicensed family child care home is a misdemeanor offense. Posting of this licensing action You are required to place this Order to Pay a Fine and Order of Conditional license in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph ©(4)(iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c )(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · The timeline to request reconsideration of the order of conditional license is provided in Minnesota Statutes, section 245A.06, subdivision 4. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Under Minnesota Statutes, section 245A.06, subdivision 4, if DHS issues a dual order to pay a fine and a conditional license and the license holder appeals both the fine and the conditional license, DHS will not do a separate reconsideration of the conditional license. If the license holder does not appeal the fine but requests reconsideration of the conditional license, then the license holder does not have a right to a hearing and DHS will conduct a reconsideration of the conditional license. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. OR The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, Chapter 245A.03, subdivision 2b, subdivision 1 states that a child care provider who has received a Fine Order or Order of Conditional License under Minnesota Statutes, Section 245A.07 that has not been reversed on appeal may not provide unlicensed child care to non-relatives. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor at 651-431-6565. Sincerely,
Barbara Wagner, Unit Manager Licensing Division Office of Inspector General Cc: Becky Domjahn, Wright County Health and Human Services
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