Minnesota

August 2, 2023

Su-Fei Wong, Authorized Agent

7625 Metro Blvd Ste 200

Minneapolis, MN 55439

RE:  Report No. 202210371

  Bar None Residential Services

  License No. 1036848

Dear Su-Fei Wong:

CORRECTION ORDER

An investigation of Bar None Residential Services was completed regarding report number 202210371 which alleged violation of Minnesota Statutes, section 260E, and Minnesota Rules, parts 2960.0010 to 2960.0120 (CRF). This maltreatment allegation concerned physical abuse and neglect. The disposition of the investigation report is maltreatment determined. Two violations were noted.

VIOLATIONS AND CORRECTION ORDERS

The following violations of state and (or) federal laws and rules were observed. Corrective action for each violation is required by Minnesota Statutes, section 245A.06, and is hereby ordered by the Commissioner of Human Services. Failure to correct the violations within the prescribed amount of time may result in fines and/or action against your license, as provided for in Minnesota Statutes, sections 245A.06 and 245A.07.

Citation: Minnesota Rules part 2960.0050, subpart 1, items N and R; and 2960.0710, subpart 6, items A and B.

Violation: The license holder did not ensure that an emergency use of physical holding was in response to an immediate intervention necessary to protect the resident or others from physical harm; and that the physical holding used was the least intrusive intervention that would effectively react to the emergency. This resulted in a violation of the resident’s right to be free from restraint or seclusion used for a purpose other than to protect the resident from imminent danger to self or others.

· On December 1, 2022, staff (S) implemented an emergency use of physical holding on a child (C2) that was not in response to an imminent threat of harm; and instead, the C2 came out of his/her room during a “Five Second Rule.” (Note: This is called to get all residents into their rooms in five seconds so staff persons can address a situation.) and S grabbed C2 by the shirt and pinned him/her to the door. Through interviews with C2 and other staff members it was determined S did not attempt lesser restrictive methods prior to implementing the physical hold.

· On December 15, 2022, staff (S) implemented an emergency use of physical holding on a child (C3) that was not in response to an imminent threat of harm; and the technique used was not part of the license holder’s approved restrictive procedures plan. The physical hold was implemented after C3 threw a deck of cards at others and the S grabbed C3’s sweatshirt at the neck and pushed C3 backwards and over a couch. Through interviews with C1 and other staff members it was determined S did not attempt lesser restrictive methods prior to implementing the physical hold and did not use an approved restrictive procedure.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure restrictive procedures requirements are met.

If you believe any of the citations are in error, you may ask the Commissioner of Human Services to reconsider the parts of the correction order that you believe to be in error. If you choose to exercise this right, your request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this letter. Your request for reconsideration must be sent to:

Commissioner

Minnesota Department of Human Services

c/o Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

You must include any and all information, documentation, or other evidence you have to support your request for reconsideration. Please note that a request for reconsideration does not stay any provisions of the correction order.

If you have any questions regarding the investigation, contact me immediately. If you have any questions regarding compliance with this Correction Order or applicable rules, contact your licensor, Ginny Benson at 651-431-6957.

Sincerely,

Diagram

Description automatically generated with low confidence

Scott Broady, Investigator

Office of Inspector General

Licensing Division

Scott.broady@state.mn.us

651-431-6557

Enclosure


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/