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July 26, 2023
Mary J. Lockhart-Findling, Authorized Agent Windom Head Start 101 Vesta Street S. P.O. Box 36 Cosmos, MN 56228
License Number: 1083797 (Child Care Center) Program Location: 68 10th Street, Room 11, Windom, MN 56101-1561 Dear Mary J. Lockhart-Findling:
On December 27, 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 15, 2022. You requested reconsideration of citation 2. You did not request reconsideration of the remaining citation, and, as a result, that citation is final and not subject to review.
SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 2: Violation: The relocation site and evacuation route was not posted in a visible place as a part of the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, subpart 21.
Request for Reconsideration. You acknowledged that the address of the relocation site was not posted at the time of the licensing review, and you indicated you have been guided by safety consultants not to have the relocation address posted because it may be readily available to potential perpetrators. You indicated staff are familiar with the relocation site, that parents/guardians would be notified about where to pick up their child if children were relocated, and that parents/guardians would not be going to the classroom. You included a copy of the child care emergency plan.
Applicable Law. Minnesota Statutes, section 245A.41, subdivision 3, governs emergency preparedness for licensed child care centers. Under paragraph (f), the relocation site and evacuation route must be posted in a visible place as part of the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, subpart 21.
Reconsideration Determination. The program acknowledges the relocation site was not posted in a visible area. A photograph shows the relocation site was described as “located in Rule 3 binder.” The statute requires that the relocation site be posted in a visible place. 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 citation 2, and it is affirmed. This is a final agency decision.
Previously Ordered Corrective Action: In the Correction Order issued on December 15, 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
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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