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July 27, 2023 Jay Elrico Alexander, Authorized Agent Fraser Early Childhood Family Development Center 700 Humboldt Avenue North Minneapolis, MN 55411-3931 License Number: 804606 (Child Care Center) Program Location: 700 N. Humboldt, Minneapolis, MN 55411
Dear Jay Elrico Alexander, Authorized Agent: 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 7, 2022. You requested reconsideration of citation 4. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 4: Violation: The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center’s emergency plan was done in 2021. “Annual” or “annually” means prior to or within the same month of the subsequent calendar year. Request for Reconsideration. You indicated that the licensor saw the 2022 review of the center’s emergency plan and requested to see the review of the center’s emergency plan for 2021. Program staff were unable to locate the document, but it was later sent in an email on November 9, 2022. You attached a copy of the Child Care Emergency Plan with reviewed dates listed as 2019, 2020, 2021. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d), the license holder must review and update the emergency plan annually. Documentation of the annual emergency plan review shall be maintained in the program’s administrative records. Reconsideration Determination. During the licensing review, the program was unable to provide documentation that the program’s Emergency Preparedness Plan was reviewed during the 2021 calendar year. Although the licensor provided time for the program to locate the documentation, it was not provided during the licensing visit. 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 4, and it is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on December 7, 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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