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June 6, 2023 Heather Erin McCaustlin, Authorized Agent Kids Count Daycare and Learning Center, Inc 6100 CENTURY LN ATTN HEATHER MCCAUSTLIN Prior Lake, MN 55372 License Number: 1034376 (Child Care Ctr) Program Location: 6880 Boudin St #200, Prior Lake, MN 55372 Dear Heather Erin McCaustlin: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 4, 14, and 18 from the Correction Order issued to you by the Department of Human Services on July 14, 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 4. A staff person did not wash their hands with soap and water before handling food or eating (Infant 2 (Phillies)). Licensor observed infant lunch time. The SPs did not wash their hand prior to meal service. Wearing gloves for meal service does not replace the requirement for staff person to wash their hands prior to serving food. (Infant 2 (Phillies): Infant classroom) Your Response. In your request for reconsideration, you stated that the staff person did wash their hands, but that the licensor did not see it. You had each staff member sign a form stating that they washed their hand prior to putting gloves on and serving infants. Applicable Law. A staff person must wash his or her hands with soap and water after changing a child's diaper, after using toilet facilities, and before handling food or eating. Minnesota Rules, part 9503.0140, subpart 14. Reconsideration Determination. Staff persons must wash their hands before handling food or eating. Minnesota Rules, part 9503.0140, subpart 14. The DHS licensor was present during infant lunch time and observed that a staff person did not wash their hands directly before handling food. The DHS licensor observed the staff person pick up infants, then place them in high chairs, touch multiple items on the counter tops, then put on gloves, then serve food. Even assuming that the staff person washed their hand prior to starting to pick up and seat children, the rule requires staff persons to wash their hands immediately before handling food or eating. In this case, the staff person performed several actions which would negate the intent and effects of hand washing immediately prior to serving food: the staff person was picking up multiple children, placing them in high chairs, and touching the countertops and other items on the countertop. Putting on gloves prior to serving the food, does not fulfill the requirement to wash hands immediately prior to handling food or eating. The record supports the citation and it is affirmed. Citation 14. The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 1 of 4 (SP4) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment within the previous two years (SP4). Your Response. You stated that SP4 was trained, but that the documentation was not approved by the DHS licensor because it was not the actual certification card. Applicable Law. Pediatric CPR training must cover CPR techniques for infants and children and the treatment of obstructed airways, and include instruction, hands-on practice, and an in-person, observed skills assessment under the direct supervision of a CPR instructor. Minnesota Statutes, section 245A.40, subdivision 4, paragraph (c). Pediatric CPR training must be completed prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment or within the previous two years. Minnesota Statutes, section 245A.40, subdivision 4. The license holder must ensure that a personnel record for each staff person is maintained at the center, including documentation that the staff person has completed the required first aid and CPR training. Minnesota Rules, part 9503.0120, subpart D. Reconsideration Determination. SP4’s record was required to contain documentation that s/he completed CPR training within the past two years. In this case, SP4’s record contained a CPR certification card that expired in July 2020, and an attendance list documenting all the names of the persons attending a class. The documentation did not include any information related to compliance with the pediatric CPR training requirement: the documentation was merely on attendance sheet with no information on topics covered, instructor information, results of the skills assessment, or on whether the individuals on the sheet were actually certified. As a result, the documentation in SP4’s record was not sufficient to demonstrate that SP4 completed the required CPR training. The record supports the citation and it is affirmed. Citation 18. The license holder did not have a written emergency plan that included accommodations for infants and toddlers. Your Response. You stated that your plan does include accommodations for infants and toddlers, and that you filled out the entire form online. Applicable Law. A licensed child care center must have a written emergency plan for emergencies that require evacuation, sheltering, or other protection of a child, such as fire, natural disaster, intruder, or other threatening situation that may pose a health or safety hazard to a child; the plan must be written on a form developed by the commissioner and must include accommodations for infants and toddlers. Minnesota Statutes, section 245A.41, subdivision 3, paragraph (a), subparagraph (8). Reconsideration Determination. While you stated that your plan does includes accommodations for infants and toddlers, your plan did not include the Commissioner-provided addendum to the Emergency Preparedness Plan for toddlers and infants. The Commissioner-provided Emergency Preparedness Plan addendum for toddlers and infants is a form that is a required part of the Emergency Preparedness Plan. The addendum was published in 2019 and specifically addresses accommodations for infants and toddlers during shelter-in-place or lockdown situations. The emergency plan you provided did not address that situation. Further, the Emergency Preparedness Plan form developed by the commissioner includes any addendums to that form – all must be completed as required. 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. Citations 4, 14, and 18 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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