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July 20, 2023 Zamzam Yusuf Mumin, Authorized Agent Solar Academy, Inc. 1274 Marion Rd SE Rochester, MN 55904-6724 License Number: 1064021 Program Location: 1274 Marion Rd SE, Rochester, MN 55904
Dear Zamzam Yusuf Mumin: On November 28, 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 November 15, 2022. You requested reconsideration of citations 1, 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 1: Violation: The program did not comply with the requirements for reducing the risk of sudden unexpected infant death. The center did not place each infant to sleep in a crib directly on a firm mattress with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be dislodged by pulling on the corner with reasonable effort. Request for Reconsideration. You indicated the crib observed by the licensor was empty and in the process of being cleaned. You indicated the licensor went in the infant room another time and noticed that the sheet was removed and a new one was in place. Applicable Law. Under Minnesota Statutes, section 245A.1435, paragraph (b), the license holder must place the infant in a crib directly on a firm mattress with a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of the sheet with reasonable effort. The license holder must not place anything in the crib with the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, part 1511. The requirements of this section apply to license holders serving infants younger than one year of age. Licensed child care providers must meet the crib requirements under section 245A.146. A correction order shall not be issued under this paragraph unless there is evidence that a violation occurred when an infant was present in the license holder's care. Reconsideration Determination. The violation was issued because a crib contained a sheet that did not fit tightly to the mattress so that it could not be dislodged by pulling on the corner with a reasonable effort. When you asked to see the loose sheet during the exit interview, the licensors said staff had already removed the sheet. However, a photograph taken prior to the removal of the sheet shows a visibly loose corner that did not fight tightly to the mattress. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 2: Violation: The program did not provide the children access to interest areas on a daily basis. Children were not provided daily access to a: · creative arts and crafts interest area (Toddler 1); · science interest area (School Age 2 and Toddler 1); and · sensory stimulation activities interest area (School Age 2 and Toddler 1). Request for Reconsideration. You indicated you have addressed the violations related to the creative arts and craft interest area and the science interest area, and you indicated you received confirmation that the adjustments you made were adequate. You provided supporting documentation. Applicable Law. Under Minnesota Rules, part 9503.0045, subpart 2, a child care program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with the equipment and materials needed to carry out the activities specified in items A to H, except that a child care program serving only school-age children and operating for less than 90 consecutive calendar days or any program operating for less than three hours a day must provide each child with daily access to indoor or outdoor large muscle activities specified in item G and at least five of the following interest areas: A. creative arts and crafts; B. construction; C. dramatic or practical life activities; D. science; E. music; F. fine motor activities; G. large muscle activities; or H. sensory stimulation activities. Reconsideration Determination. Although you later addressed the violations, you did not dispute that they were present at the time of the licensing visit. As a result, there is sufficient evidence to support the citation, and it is affirmed.
Citation 3: Violation: The required in-service training had not been completed for 2 of 3 (SP4 and SP6) 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 (SP4 and SP6); · training on abusive head trauma that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5a (SP4); · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP4); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP4); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP4); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP4); · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP4); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP4); · training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP4); and · training on sudden unexpected infant death that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5 (SP4). Request for Reconsideration. You did not dispute the accuracy of the citation, but you indicated you do not believe the statute requires the program to keep in-service trainings from previous years in staff files. You indicated a new in-service training document is completed each calendar year and placed in staff files. You indicated a 2022 in-service training document was in the file, and you provided a copy of the document. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 7, a license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year as specified in the statute. Reconsideration Determination. In addition to the subdivision in the applicable law section above and in the correction order, subdivision 10 of the same statute requires that all training must be documented and maintained on site in each personnel file. The violation was issued because the required in-service training for 2 of 3 individuals had not been completed for the previous concluded calendar year. 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, 2 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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