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July 26, 2023 Mary J. Lockhart-Findling, Authorized Agent Jackson Head Start Classroom 101 Vesta Street S. P.O. Box 36 Cosmos, MN 56228 License Number: 1083792 (Child Care Center) Program Location: 115 S. Highway, Jackson, MN 56143
Dear Mary J. Lockhart-Findling: On December 21, 2022, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citation in the Correction Order (Attachment A) issued to you by the Department of Human Services on December 9, 2022. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Equipment and furniture were not in good repair. Specifically, a dramatic play sink was missing the faucet. (Preschool: 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. 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 the citation, and it is 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 violation 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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