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July 26, 2023 Mary J. Lockhart-Findling, Authorized Agent Marshall Area Head Start 101 Vesta Street S. P.O. Box 36 Cosmos, MN 56228 License Number: 1083793 Program Location: 1402 S. Saratoga Street, Marshall, MN 56258-0000
Dear Mary J. Lockhart-Findling: On December 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 December 9, 2022. You requested reconsideration of citations 2 and 3. You did not request reconsideration of the remaining citation, and, as a result, that citation is final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 2: Violation: Equipment and furniture were not in good repair. Specifically, a dramatic play sink was missing the faucet. (M1: Preschool classroom). Request for Reconsideration. You indicated you believe the citation was issued in error because the missing faucet piece on the dramatic play sink did not pose a risk to the safety of children. You indicated the absence of the faucet did not result in sharp edges or openings that would pose a risk. Applicable Law. Minnesota Rules, part 9503.0140, subpart 19, equipment and furniture must be durable, in good repair, structurally sound and stable following assembly and installation. Equipment must be free of sharp edges, dangerous protrusions, points where a child's extremities could be pinched or crushed, and openings or angles that could trap part of a child's body. Tables, chairs, and other furniture must be appropriate to the age and size of children who use them. Toys and equipment that are likely to be mouthed by infants and toddlers must be made of a material that can be disinfected. These must be cleaned and disinfected when mouthed or soiled and at least daily. Reconsideration Determination. Although the missing faucet may not have resulted in the play sink having sharp edges or openings that could trap part of a child’s body, the absence of the faucet indicated the play sink was not in good repair in violation of the rule. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 3: Violation: The program did not comply with the requirements for reducing the risk of sudden 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 that it cannot be dislodged by pulling on the corner with reasonable effort. Specifically, one crib mattress had a sheet on it that did not overlap the mattress. (Infant: Infant classroom) Request for Reconsideration. You did not dispute that the crib sheet did not overlap the mattress. You indicated no infant was in the crib at the time the licensor observed the sheet and that the sheet was changed to the correct size prior to an infant being placed in the crib. Applicable Law. 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. Although an infant was not in the crib at the time the sheet was observed, infants were in care, and the sheet did not overlap the mattress as required by 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 2 and 3, and they are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on December 9, 2022, you were ordered to correct the violations cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, section 245A.06, subdivision 2, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. 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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