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July 26, 2023 Mary J. Lockhart-Findling, Authorized Agent Mountain Lake Head Start 101 Vesta Street S. P.O. Box 36 Cosmos, MN 56228 License Number: 1083794 (Child Care Center) Program Location: 1005 4th Avenue, Mountain Lake, MN 56159
Dear Mary J. Lockhart-Findling: On December 23, 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 1, 2 and 3. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Food allergy information was not readily available to staff where food is prepared. Specifically, food allergy information for one child was not available where food is prepared. (Facility: Facility) Request for Reconsideration. You indicated you believe the citation was issued in error because allergy information was posted in the kitchen at the time of the licensing review. You acknowledged the posted information was not the allergy form, and you included a photograph of post-it notes that were 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. Although a post-it note in the kitchen indicated the child had a “food allergy” and was to have “no dairy,” the post-it note did not contain all of the information on the Individual Child Care Program Plan (ICCPP) form. The ICCPP form provided 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 2: Violation: Menus did not comply with nutritional requirements of the USDA. Menus did not include at least one whole grain rich food per day. Request for Reconsideration. You indicated that although the posted menu did not include whole grains, the actual food served were whole grains. You indicated the menus were provided by the school district and that the district revised their menu. You included copies of menus. Applicable Law. Under Minnesota Rules, part 9503.0145, subpart 2, when food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Reconsideration Determination. You acknowledged the program’s menu did not comply with USDA requirements because it did not show a whole grain being served at least once daily, and the rule requires menus to comply with nutritional requirements of the USDA when food is provided by the license holder. As a result, there is sufficient evidence to support the citation, and it is affirmed. Citation 3: Violation: The relocation site and evacuation route was not posted in a visible place as 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, and a photograph shows the relocation site was described as “Refer to Rule 3.” 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 citations 1, 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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