Minnesota

April 21, 2023

Jay Elrico Alexander, Authorized Agent

Town Hall Early Childhood Family Development Center

700 HUMBOLDT AVE N

Minneapolis, MN 55411-3931

License Number: 807100 (Child Care Ctr)

Program Location: 8500 Zane Ave N, Brooklyn Park, MN 55443

Dear Jay Elrico Alexander:

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 May 25, 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 DHS licensor observed that hazardous objects were accessible to children. On the day of the review, the licensor observed hand sanitizer on teachers desk accessible to children, creating a hazard. (Classroom 5: Preschool classroom)

Your Response. You stated that the children in the classroom are under active supervision by a minimum of two adult staff members at all times, the classroom is arranged to allow teachers to be aware of the children’s location, and the desk is located away from where children’s activities occur. You also stated that hand sanitizer is always administered by staff members, and children are never left unsupervised with access to hand sanitizer.

Applicable Law. Hazardous objects 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. Given the age of the children in the preschool classroom, hand sanitizer is a hazardous item, and is required to be stored out of reach of children. In this instance, a bottle of hand sanitizer was stored on top of a teacher’s desk in the classroom, within reach of children in the classroom. While there may have been two staff in the classroom supervising the children, and the center requires that staff administer the hand sanitizer, the bottle of hand sanitizer was still accessible to, and in reach of children in the classroom. 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,

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Afsheen Foroozan, Attorney

Legal Counsel’s Office

Office of Inspector General


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/