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July 14, 2023 CERTIFIED MAIL Mariah Drever 514 2nd Street Southeast Glenwood, MN 56334 License Number 1087970 FCC ORDER OF INDEFINITE SUSPENSION Dear Ms. Drever: Based on the recommendation of Western Prairie Human Services (Western Prairie), the Department of Human Services (DHS) is indefinitely suspending your license to provide family child care services at 514 2nd Street Southeast, Glenwood, MN. Details of our findings are provided below. Our next steps and your options are also detailed. Because your license is currently suspended due to a Temporary Immediate Suspension Order as explained below, this indefinite suspension is effective immediately. You are also prohibited from operating as a legally unlicensed child care provider at this time. REASON FOR INDEFINITE SUSPENSION 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 children served in your program, available evaluations of your program, and information about the qualifications of caregivers working in your program. Specifically, because there is an open investigation of your program. DHS has determined that suspension 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. Open ongoing investigation On April 18, 2023, Western Prairie received a report that indicated a child was unresponsive in your care and emergency responders were called. As a result of these allegations, DHS issued an Order of Temporary Immediate Suspension on your child care license on April 19, 2023. You did not appeal the order. The immediate suspension of your license remains in effect. The report that led to the immediate suspension order remains under investigation by Western Prairie and law enforcement. Due to the open investigation, no additional information can be released in this order. Based on these findings, DHS cannot ensure the health and safety of the children served by your program at this time. DHS has determined that the health, safety, and rights of children in your care continue to be in imminent risk of harm. Therefore, DHS is indefinitely suspending your license to provide family child care services. Legal Authority: Minnesota Statutes, section 245A.07, subdivisions 2a (b)(2) and Minnesota Statutes, section 245A.07, subdivisions 3(a) (6). 3. Failure to comply with licensing laws and rules Western Prairie determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations Previous licensing actions The following actions 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 licensing actions and correction orders for further details on these violations. If you do not have copies of these orders, contact your Western Prairie County licensor for assistance. DHS also considered this history as a factor when it determined that an indefinite suspension of your license is appropriate. o April 19, 2023, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. o May 11, 2021, Correction Order, which cited you for failure to provide a complete fire escape plan as required. 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 served in your care, your license to provide family child care services is suspended. YOUR RIGHT TO APPEAL You have the right to appeal the indefinite suspension. 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. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: 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. 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: As discussed above, because the immediate suspension of your license remains in effect, if you appeal the indefinite suspension, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. Prohibition against providing legally unlicensed child care On April 19, 2023, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Questions about CCAP If you are a provider authorized to receive Child Care Assistance Program (CCAP) payments, this suspension 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. Posting of this Licensing Action You are required to place this Order of Indefinite Suspension 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 in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may suspend a license. · Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may suspend a license. · When a report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder that has received a final order indefinitely suspending their license continues to be prohibited from operating a program upon receipt of an order to indefinitely suspend the license under Minnesota Statutes, section 245A.07, subdivision 2a, paragraph (c). · Minnesota Statutes, section 245A.03, subdivision 2 and 3 provides that a license holder under an indefinite suspension may not operate as a legally unlicensed child care provider. · 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 and Minnesota Rules, parts 1400.8505 to 1400.8612. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, Chapter 245A.03, subdivision 2b, subdivision 1 states that a child care provider who has received an order ofindefinite suspension under Minnesota Statutes, Section 245A.07 that has not been reversed on appeal may not provide unlicensed child care to non-relatives. · Operating a prohibited unlicensed family child care program is a misdemeanor offense under Minnesota Statutes, Section 245A.03, subdivision 3. 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: Kim Gulbrandson, Western Prairie Human Services
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