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June 21, 2023 CERTIFIED MAIL Trista Risser 509 2nd Street Southeast Little Falls, MN 56345-3020 License Number 1100292 FCC ORDER OF LICENSE REVOCATION Dear Ms. Risser: Based on the recommendation of Morrison County Social Services (Morrison County), the Department of Human Services (DHS) is revoking your license to provide family child care at 509 2nd Street Southeast, Little Falls, MN. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 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 child 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 repeatedly failed to provide required supervision to children in care, because you were providing care in an unlicensed area of your home, because you failed to ensure that animal feces was inaccessible to children in care, because you failed to comply with a correction order, because you failed to provide documentation of required paperwork for children in care, because you failed to provide documentation of crib safety inspections, and because you failed to provide age appropriate sleep equipment for a child in care. DHS has determined that revocation of your license is appropriate 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 Morrison County determined that you failed to fully comply with the laws and rules that apply to licensed family child care programs. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations New violations determined On March 16, 2023, Morrison County made a licensing visit to your family child care program. As the result of the visit, Morrison County determined the below licensing violations. On March 17, 2023, you were issued a correction order for these licensing violations. DHS considered these violations, as a factor when it determined that revocation of your license is appropriate. 1. You failed to provide required supervision to children in care when you admitted to sleeping on multiple occasions while children were napping. 2. You failed to provide appropriate equipment for a preschool age child in care when the child was sleeping on the top bunk of a bunk bed. The manufacturers recommendation for the top bunk is for children ages 6 and up. 3. You failed to ensure that that pet feces were inaccessible to children when a litter box was outside a bedroom that children had access to. 4. You failed to notify Morrison County of changes to your license when you allowed preschool age children in an area licensed only for infants and toddler cribs. Previous licensing actions The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your Morrison County licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. · August 10, 2022, Order to Pay a Fine of $200 for failure to comply with a correction order. · July 18, 2022, Correction Order for failure to comply with a prior correction order. · June 29, 2022, Correction Order which cited you for the following licensing violations: o You failed to provide documentation of immunization records for children in care. o You failed to ensure that your fire extinguisher was maintained as required. · May 17, 2021, Correction Order which cited you for the following licensing violations: o You failed to provide documentation of admission and arrangement forms for children in care. o You failed to provide documentation of immunization records for children in care. o You failed to follow standards for sick children or when giving children medication. o You failed to obtain written permission from parents before transporting children in care as required. · June 11, 2020, Correction Order, which cited the following licensing violations: o You failed to provide documentation of monthly fire and storm drills. o You failed to obtain all required information prior to admission. o You failed to provide documentation of annual crib safety recalls. o You failed to ensure your water temperature was at or below 120 degrees Fahrenheit. · October 29, 2019, Conditional License, which cited you for failure to provide the required supervision when a toddler age child was found outdoors unattended by a community member. · September 17, 2019, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. 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 in your care, your license to provide family child care services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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 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 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 do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. 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. Operating the program pending the outcome of the appeal: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of children served by your program could result in the immediate suspension of your license. Questions about CCAP If you are a provider authorized to receive Child Care Assistance Program (CCAP) payments, this revocation order could impact your ability to receive CCAP funding. If you have questions about CCAP, contact the County or CCAP agencies where you are authorized to receive CCAP funds. Prohibition against providing legally unlicensed child care If you do not appeal this order, or if the action is not reversed on appeal, you will not be allowed to provide child care, including legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. Posting of this Licensing Action You are required to place this Order of License Revocation 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 3, which describes under which conditions DHS may revoke a license. · When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4)(iv) states that license holders shall pay a $200 for each background study violation. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation 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.07, subdivision 5. 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: Katie Knettel, Morrison County Social Services Alissa Erdrich, Sourcewell
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