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July 19, 2023 Jane Elizabeth Adams Barber, Authorized Agent Colvill Head Start Center 1313 Northstar Drive Zumbrota, MN 55992-1091 License Number: 804938 Program Location: 269 E. 5th Street, Red Wing, MN 55066
Dear Jane Elizabeth Adams Barber: On November 7, 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 October 26, 2022. You requested reconsideration of citations 1 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 1: Violation: Food allergy information was not readily available to staff where food is prepared. Request for Reconsideration. You indicated food is not prepared on site at the facility but that the program has a contract with a school district to cater meals. You indicated that no food preparation employee works in the program’s kitchen and that food is delivered on carts to the classroom ready to serve. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d), a child’s allergy information must be available at all times including on site, when on field trips, or during transportation. A child’s food allergy information must be readily available to a staff person in the area where the food is prepared and served to the child. Reconsideration Determination. Although you indicated food is delivered to the facility, there was some amount of food preparation by the program after the food was delivered to the location. The facility was required to make food allergy information available to a staff person in the area where food is prepared and served. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 3: Violation: The DHS licensor observed that hazardous objects were accessible to children. Specifically, diaper wipes were stored on top of a low cupboard and a low changing table in the restrooms. Request for Reconsideration. You indicated the violation was false and that the program leases one room from the school district. You indicated the wipes that were observed were the property of the school district Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 17, sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e), child care centers licensed under that chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan that identifies the general risks to children served by the child care center. The plan shall prohibit the accessibility of hazardous items to children. Reconsideration Determination. Photographs taken at the facility during the licensing visit show diaper wipes located at the children’s level in a shared bathroom, which was a violation of the rule. As a result, 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 citations 1 and 3, and they 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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