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July 19, 2023 Randy G. Anderson, Authorized Agent Kids, Inc. Adventure Zone 20288 Highway 15 N. Ste 100 Hutchinson, MN 55350-5685 License Number: 1096459 Program Location: 1215 Roberts Rd, SW, Hutchinson, MN 55350-2160
Dear Randy G. Anderson: On September 19, 2022, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations in the Correction Order (Attachment A) issued to you by the Department of Human Services on September 12, 2022. You requested reconsideration of citations 2 and 3. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 2: Violation: The program did not have documentation on site to show that 1 of 3 staff persons met the experience requirements of the teacher job classification for which the staff person was employed (SP2). Request for Reconsideration. You indicated that SP2’s college transcript and personnel information form show that SP2 was qualified, and you enclosed supporting documentation. Applicable Law. Minnesota Rules, part 9503.0032, subpart 2, sets out teacher qualification requirements. Also, under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center, and the personnel record must contain the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements as specified in parts 9503.0031 to 9503.0034. Reconsideration Determination. The information submitted with the reconsideration request shows the license holder was in compliance with the requirements. As a result, it is appropriate to rescind the citation. Citation 3: Violation: The required in-service training had not been completed for 3 of 3 (SP1, SP2 and SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: · the required number of in-service training hours for the previous concluded calendar year (SP1 and SP3); · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP2); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP2); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP2); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP2); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP2); · training on health policies as required by Minnesota Rules, part 9503.0110, subpart 1(SP2); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP2); and · training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP2). Request for Reconsideration. You indicated that SP1, SP2 and SP3 did have the required trainings, and you enclosed supporting documentation. You acknowledge that although SP1 had completed the required trainings, the documentation was not located in the staff file for Adventure Zone (license number 1096459). You indicated you are seeking reconsideration because all trainings were completed and are now in the correct staff file. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 7, requires a license holder to ensure that the center director, staff persons, substitutes and unsupervised volunteers complete in-service training each calendar year as specified in detail in the statute.
Reconsideration Determination. At the time of the licensing review, the information included in the staff files for the program that received the citation (license number 1096459) did not contain documentation of the required trainings. For SP1, the form to document 2021 in-service hours did not indicate a total of in-service hours. For SP2, the licensor was unable to verify completion of required trainings because the documentation in the file was missing the length of trainings and dates of trainings. For SP3, the licensor was unable to verify that SP3 had completed at least 12 hours of in-service training in 2021. As a result, because the program’s file did not contain documentation of the required trainings, there is sufficient evidence to support the citation, and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support citation #3, and it is affirmed. The Commissioner finds it is appropriate to rescind citation #2. 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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