Minnesota

June 22, 2023                      

Jacob Thomas Margarit, Authorized Agent

LSS Life Haven

325 Jenks Ave

St. Paul, MN 55130

License Number 1020196 (CRF)

CORRECTION ORDER

Dear Jacob:

On April 11, 2023, a Department of Human Services (DHS) licensor conducted a licensing review at your facility located at 325 Jenks Ave, St. Paul to determine compliance with state and federal laws and rules governing the provision of children’s residential facilities under Minnesota Rules, parts 2960.0010 through 2960.0120, and transitional services under Minnesota Rules, part 2960.0500. As a result, DHS is issuing this order which requires you to take the correction action as described under each violation. Details of our findings are provided below. Our next steps and your options are also detailed.

LICENSING VIOLATIONS

DHS determined that your program failed to follow licensing rules and statutes, as described below.

PERSONNEL FILES

1. Citation: Minnesota Statutes, section 245A.65, subdivision 3 and Minnesota Rules, part 2960.0080, subpart 14 and 2960.0100, subpart 3, item A.

Violation: Three of three personnel files reviewed for requirements governing orientation did not meet requirements (personnel files numbered 1 through 3). There was no documentation of the following:

a. Training in general and special needs, including disability needs, of resident and families served;
b. Training for staff in all internal policies and procedures related to the prevention and reporting of maltreatment of individuals receiving services; and
c. The emergency plan was not reviewed with staff at least every six months.

Corrective Action Ordered: Immediately and on an ongoing basis, the license must ensure training meets all applicable requirements. Within 30 days receipt of this order, submit documentation that staff persons numbered 1 through 3 have received training as identified above.

Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 30, 2020.

2. Citation: Minnesota Statutes, section 245A.65, subdivision 3.

Violation: Three of three personnel files reviewed for requirements governing ongoing training did not meet requirements in the following ways:

a. There was no documentation that staff received annual training in vulnerable adult maltreatment reporting requirements (personnel files numbered 2 and 3); and
b. There was no documentation that staff received training in all internal policies and procedures related to the prevention and reporting of maltreatment of individuals receiving services (personnel files numbered 1 through 3).

Corrective Action Ordered: Immediately and on an ongoing basis, the license must ensure training meets all applicable requirements. Within 30 days receipt of this order, submit documentation that staff persons numbered 1 through 3 have received training as identified above.

RESIDENT FILES

3. Citation: Minnesota Rules, part 2960.0070, subpart 3, item B.

Violation: Three of three resident files reviewed for requirements governing resident admission documentation did not meet requirements. The file did not contain the following:

a. The date and time of admission (resident files numbered 3);

b. The language the resident speaks and writes (resident files numbered 1 through 3);

c. A description of presenting safety concerns including assaultive behavior and victimization concerns (resident files numbered 2 and 3); and

d. The spiritual or religious affiliation of the resident and the resident’s family.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure resident admission documentation meets all applicable requirements.

Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 30, 2020.

4. Citation: Minnesota Rules, part 2960.0050, subpart 3, item B.

Violation: Two of three resident files reviewed for requirements governing admission procedures did not meet requirements (resident files numbered 2 and 3). The license holder failed to notify the resident’s parent, guardian, or custodian, within a reasonable time after admission to the facility that information on the resident’s basic rights was available.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure resident rights meets all applicable requirements.

Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 30, 2020.

5. Citation: Minnesota Statutes, sections 245A.65, subdivisions 1 and 2.

Violation: One resident file reviewed for requirements governing vulnerable adults did not meet requirements. The resident file did not contain documentation of the following:

a. Orientation to the internal and external vulnerable adult maltreatment reporting policies, (resident file numbered 1);
b. A statement of specific measures that will be taken to minimize the risk of abuse to that person when the individual assessment indicates the need for measures in addition to the specific measures identified in the program abuse prevention plan (resident file numbered 1); and
c. Identified referrals made when the vulnerable adult was susceptible to abuse outside the scope or control of the licensed services.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure maltreatment of vulnerable adults meets all applicable requirements.

Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 30, 2020.

If you fail to correct the violations specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07.

Submissions required as part of a corrective action ordered must be sent to DHS Licensing at:

1. By secure email to: madelyn.gilbertson@state.mn.us; or

2. By mail to: Commissioner, Department of Human Services

ATTN: Maddy Gilbertson

Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

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

· List each violation you are challenging and identify what is inaccurate or incomplete about the information in the order

· Supply information that is accurate or more complete

· Be made before the deadlines provided below

If you are mailing your request, it must be received by DHS within 20 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

Attn: 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 20 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

Attn: Licensing Legal Unit

444 Lafayette Road North

St. Paul, MN 55155

Questions

If you have any further questions regarding this matter, you may contact Maddy Gilbertson, Senior Licensor, at 651-431-4585.

Sincerely,

Text, letter

Description automatically generated

Maddy Gilbertson, Senior Licensor
Licensing Division
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/