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May 19, 2023 Linnae Marie Bolander, Authorized Agent For Kids Only 6350 185TH AVE NW Nowthen, MN 55303-9517 License Number: 1111398 (Child Care Ctr) Program Location: 13654 THRUSH ST NW, Andover, MN 55304-3782 Dear Linnae Marie Bolander: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1, 4, and 5 from the Correction Order issued to you by the Department of Human Services on July 19, 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. Snack did not comply with USDA requirements. • A grain based dessert was used as a food component. The licensor observed vanilla wafers being offered as a food component at morning snack. Grain-based desserts cannot count toward the grain component of meals and snacks, a second component was required. (Pre-3: Preschool classroom, School Age: School Age classroom, Toddler : Toddler classroom, Infant : Infant classroom, Pre-2: Preschool classroom and Pre-1: Preschool classroom) Your Response. You stated that you were cited based off of a USDA flyer that stated that grain based desserts are no longer counted as a component for meal and snacks, however, that flyer is for a program that you are not reimbursed from. You stated that vanilla wafers meet the requirement of enriched grains. You also attached nutritional labels to show that muffins contain more sugar than the vanilla wafers you serve. Applicable Law. When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 2. Snacks must include two of the following five components: Fluid milk, meat and meat alternates, vegetables, fruits, and grains; fruit juice, vegetable juice, and milk may comprise only one component of the snack. United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20(c)(3). Grain-based desserts do not count towards meeting the grains requirement. Code of Federal Regulations, title 7, section 226.20(a)(4)(iii). Reconsideration Determination. As a license holder who provides food to children, your menus must comply with USDA regulations, regardless of the program under which you are being reimbursed. The citation was based on USDA regulations. USDA regulations specifically state that snacks must include two of the following five components: Fluid milk, meat and meat alternates, vegetables, fruits, and grains; fruit juice, vegetable juice, and milk may comprise only one component of the snack. United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20(c)(3); In addition, grain-based desserts do not count towards meeting the grains requirement. Code of Federal Regulations, title 7, section 226.20(a)(4)(iii). In this case, a grain-based dessert was a component of the snack. As such, it did not count as a component of the snack. Without this component, the snack was not comprised of two of the required components. The record supports the citation and it is affirmed. Citation 4. The DHS licensor observed that hazardous objects were accessible to children. There were three climbers on the toddler playground that were placed on grass. Grass does not provide children with adequate surface protection from injury against falls. Your Response. You stated that you have ad the same type of climbers in the space for over 20 years. You included documentation from critical fall height research, and the climbers instruction booklet as well. Applicable Law. Hazardous objects, such as sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. A child care center’s risk reduction plan must prohibit the accessibility of hazardous items to children. Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e). Reconsideration Determination. When the environment surrounding the equipment poses a risk of harm to children, the equipment may present hazard. Children use climbers to climb, slide, and jump from, and typically offer children an opportunity to be multiple feet above the ground. Because of this, children may fall or hit the ground with a significant level of force. To mitigate potential harm, the structures must be surrounded by an appropriate fall zone covered in shock absorbing materials. A best practice is to include this aspect of the playground in the program’s risk reduction plan to ensure staff have considered this risk and taken the necessary steps to address it. Two of the three climbers are no longer manufactured. The manual you provided for those climbers state: “DO NOT place this produce on concrete, asphalt, packed earth or other hard surfaces. A fall onto a hard surface can result in serious injury.” These instructions specifically stated not to place the climber on packed earth or other hard surfaces. Grass alone underneath a play structure does not provide sufficient shock absorption should children fall from the structure above. In addition, the instruction manual for climber 2 (Rock Climber and Slide) stated: “Falls onto hard surfaces can result in head or other serious injuries. Never place on concrete, asphalt, wood, packed earth, grass or other hard surfaces.” As a result, the climbers presents a hazard to the children should they fall on the hard surface. The DHS licensor observed three climbers placed upon the grass without any additional shock absorbing materials, accessible children. The record supports the citation and it is affirmed. Citation 5. Program policies and procedures were not indexed with a table of contents or another method approved by the commissioner. Your Response. You acknowledged that the policies and procedures were not indexed, but stated that this violation should have been a fix-it ticket, not a correction order. Applicable Law. The license holder shall keep program policies and procedures readily accessible to staff and index the policies and procedures with a table of contents or another method approved by the commissioner. Minnesota Statutes, section 245A.04, subdivision 14, paragraph (c). Reconsideration Determination. The center’s policies and procedures were required to be indexed with a table of contents or another method approved by the commissioner. The DHS licensor observed, and you acknowledged, that the center’s policies and procedures were not indexed. The Commissioner appreciates your efforts to immediately correct the violation after it was raised. However, violations that do not qualify for fix-it tickets, must be cited, even if they are corrected on site during the licensing visit. This violation is not eligible to be issued as a fix-it ticket. The record supports the citation and it is approved. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1, 4, and 5 are 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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