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July 20, 2023 Aaron Kyle Nelson, Authorized Agent Stepping Stones Early Learning Center 5645 Garden Drive Woodbury, MN 55129-8312 License Number: 1095855 (Child Care Center) Program Location: 11253 Eagle View Blvd, Woodbury, MN 55129-0000 Report No.: 202208777, 202206993
Dear Aaron Kyle Nelson: On December 13, 2022, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of a citation in the Correction Order (Attachment A) issued to you by the Department of Human Services on November 16, 2022. You requested reconsideration of citation 1. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: The required staff-to-child ratios were not maintained. Based on information obtained from the license holder and interviews of staff persons, the following was determined: · On August 25, 2022, two staff persons supervised 15 toddlers. A third staff person was needed to meet the required staff-to-child ratios. (Toddler classroom) · On October 26, 2022, two staff persons supervised 11 infants before 7:30. A third staff person was needed to meet the required staff-to-child ratio. · On another occasion, one staff person supervised 8 infants alone for at least one hour. A second staff person was needed to meet the required staff-to-child ratio. (Infant classroom: Infant classroom) Request for Reconsideration. You indicated the program does not operate any classrooms at any time out of required ratios. You also indicated the program would have been able to confirm the violation through video surveillance and childcare management software, and you indicated the licensor did not attempt to obtain those items. You provided supporting documentation. Applicable Law. Minnesota Rules, part 9503.0040, subpart 1, sets out minimally acceptable staff-to-child ratios and the maximum group size within each age category. For toddlers, the rule requires a 1:7 minimum ratio and a maximum group size of fourteen. For infants, the rule requires a 1:4 ratio and a maximum group size of eight. Reconsideration Determination. During the licensing investigation, the program indicated that video camera surveillance did not show the entire classroom. Also, the licensor requested data reports from the program’s software system to help determine the number of staff and children present in the classroom. Documentation provided by the program had several entries where a classroom name was crossed off and another was written in, and the licensor advised in the exit interview that the software documentation was not used because staff may have not necessarily signed into each classroom correctly. During the licensing investigation, four of six staff persons provided information that the program was out of ratio, and it was therefore determined it was more likely than not that the program was in violation of the applicable rule. As such, 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 #1, and it is 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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