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July 27, 2023 Mary J Lockhart-Findling, Authorized Agent Willmar Head Start 101 Vesta Street S. P.O. Box 36 Cosmos, MN 56228 License Number: 1102775 (Child Care Center) Program Location: 1311 Highway 71 NE, Willmar, MN 56201-2174
Dear Mary J Lockhart-Findling: On March 20, 2023, 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 February 23, 2023. You requested reconsideration of citations 2, 5 and 6. 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 2: Violation: Food allergy information was not readily available to staff where food is prepared. Request for Reconsideration. You indicated that food allergy information is now posted and available in the program’s kitchen in a folder. You included photographs. You also indicated that you believe the citation was issued in error because you do not believe allergy forms are required to be posted in the kitchen. 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 food is prepared and served to the child. Reconsideration Determination. The information posted at the time of the licensing review did not contain all of the information on the Individual Child Care Program Plan (ICCPP) form, and no additional food allergy information was available in the kitchen on the date of the licensing visit. The ICCPP forms provides additional information describing the allergy, indicating what triggers the allergy, listing known symptoms the child may display when exposed to an allergen, and indicating whether medication is required to response to an allergic reaction. Under the statute, a child’s allergy information must be readily available to a staff person where food is prepared and served to the child. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 5: Violation: The program did not have documentation on site to show that 1 of 2 (SP5) staff persons met the experience requirements of the teacher job classification for which the staff person was employed (SP5). Request for Reconsideration. You indicated you believe the citation was issued in error because SP5 was intended to be a substitute rather than a regular teacher, and you indicated the individual has never substituted without a teacher qualified teacher present. You included supporting documentation. Applicable Law. Under Minnesota Rules, part 9503.0032, subpart 2, sets out the requirements for teacher education and experience. Under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center, and the personnel record for each staff person must contain the staff person’s documentation indicating that the staff person meets the education and experience requirements specified in parts 9503.0031 to 9503.0034. Reconsideration Determination. Documentation obtained during the licensing review did not show SP5 met the education requirements, and although documentation listed 190 hours of experience with the license holder, an additional 850 hours of experience was required. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 6: Violation: Documentation was not available on site to verify that before starting assigned duties 1 of 6 (SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP5). Request for Reconsideration. You indicated the citation was issued in error because there was an error on the training record. You indicated the training date was completed on November 7, 2022, rather than on November 8, 2022, and that a supervisor verified the date during the licensing inspection. You included copies of the training record and corrected Orientation Record. Applicable Law. Under Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b), clause (1), the license holder shall provide training to program staff related to their duties in implementing the program’s policies and procedures developed under paragraph (a). Under Minnesota Statutes, section 245A.40, subdivision 1, the child care license holder must ensure that the director, staff person, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties. The orientation must include information about the topics specified in the statute. Reconsideration Determination. Documentation reviewed during the licensing visit indicated the orientation on behavior guidance was completed on November 8, 2022, and a staff person indicated during the exit interview that the training was a day late. 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, 5 and 6, and they are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on February 23, 2023, 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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