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May 19, 2023 CERTIFIED MAIL Mark & Erika Biberg 5811 Covington Ter Minnetonka, MN 55345-6218 License Number 1110457 FCC ORDER OF CONDITIONAL LICENSE Dear Mr. & Ms. Biberg: Based on the recommendation of Hennepin County Human Services & Public Health Department (Hennepin County), the Department of Human Services (DHS) is placing your license to provide family child care at 5811 Covington Ter, Minnetonka, 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. 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 ensure that toxic substances were inaccessible to children, because you failed to ensure that hazardous materials were inaccessible to children in care, because you failed to submit documentation of crib safety inspections, because you failed to ensure gates were in place on stairs as required, because you failed to provide documentation of required training, and because you failed to provide documentation of program records. 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, Hennepin 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 September 12, 2022, Hennepin County made a licensing visit to your family child care 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 ensure that toxins were inaccessible outdoors to children in care when bug spray was on your deck stairs. · You failed to ensure that your furnace and water heater were inaccessible to children in care. · You failed to ensure your outside door was screened as required when the upstairs deck door screen was torn. · You failed to ensure gates were in place when children between six and 18 months were in care. · You failed to ensure that chipped and peeling paint was inaccessible to children in care. · You failed to ensure that trash containers were inaccessible as required. · You failed to ensure that toxins were inaccessible indoors to children in care when bug spray, mouthwash, vitamins and a sleep aid were accessible to children in care. · You failed to ensure that hazards were inaccessible to children in care when sharp knives, matches, lighters, and scissors were accessible to children in care. Additionally, children had access to two unlicensed bedrooms. · You failed to provide maltreatment reporting to families in care. · You failed to provide documentation of provider policies as required. · You failed to provide documentation of monthly crib safety inspections. · You failed to provide documentation of annual crib safety recalls. · You failed to provide documentation of monthly storm and fire drill logs. · You failed to provide documentation of annual child development and learning and behavior guidance training as required. · You failed to provide documentation of sudden unexpected infant death (SUID) training as required. · You failed to provide documentation of active supervision training as required. · You failed to provide documentation of permission to transport children as required. Severity of violations Due to the serious 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 completed and comply with a plan on how you will maintain all program and children records as required. You must submit the plan to Hennepin County by June 9, 2023. 4. You must obtain a minimum of six hours of additional training including family child care rule review and child care safety within 60 days of this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. Prior to attending training, you must obtain approval from Hennepin County that the training is appropriate. You must submit documentation of your attendance to Hennepin County. 5. You must either provide a copy of the 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 Hennepin County by June 9, 2023. For new families, you must submit documentation of compliance with this term to Hennepin County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Hennepin 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. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order 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 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 received 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 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. Prohibition against providing legally unlicensed child care As a result of this order, you are prohibited from providing legally unlicensed child care. A child care provider who has received an Order of Conditional License that has not been reversed on reconsideration or appeal may not provide legally unlicensed child care to non-relatives. Operating a prohibited unlicensed family child care program is a misdemeanor offense. Posting of this licensing action You are required to place this 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 · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a conditional license order that has not been reversed on appeal may not operate as a legally unlicensed child care provider. Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · 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. · Minnesota Statutes, Chapter 245A.03, subdivision 2b, subdivision 1 states that a child care provider who has received a conditional license under Minnesota Statutes, Section 245A.06 that has not been reversed on reconsideration or appeal may not provide unlicensed child care to non-relatives. · Operating a prohibited unlicensed family child care program is a misdemeanor offense under Minnesota Statutes, Section 245A.03, subdivision 3. 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: Azur Walters, Hennepin County Human Services & Public Health Department
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