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October 27, 2023 CERTIFIED MAIL Laiyun Yan, Authorized Agent MN Chinese Day Care & Learning Center 2300 North Hamline Avenue Roseville, MN 55113 License Number: 1018376 (Rule 3) ORDER OF CONDITIONAL LICENSE Dear Laiyun Yan: The Department of Human Services (DHS) is placing your license to provide child care at MN Chinese Day Care & Learning Center, located at 2300 North Hamline Avenue, Roseville, on conditional status for two years, beginning November 6, 2023. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with Child Care licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On July 20, 2023, DHS licensors conducted a licensing review at your facility located at 2300 North Hamline Avenue, Roseville. As a result of this licensing visit, the DHS licensors determined that your program failed to comply with the laws and rules that apply to licensed child care programs, citing 25 violations which raised concerns about the operation of the program. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of children served by the program. · Nature and Severity: On July 20, 2023, DHS licensors determined 25 licensing violations. Eighteen of the twenty-five violations are repeat violations for which you were previously cited. Numerous violations related to the health and safety of children, including: · Failure to comply with background study requirements (addressed in a separate Order to Pay a Fine on September 7, 2023) · Failure to operate within the terms of license · Failure to maintain adequate staff-to-child ratios · Failure to adequately supervise children · Failure to maintain staff distribution requirements · Failure to comply with risk reduction plan requirements · Failure to comply with emergency preparedness requirements · Failure to comply with nutritional requirements of the United States Department of Agriculture (USDA) · Failure to comply with health policies including following water bottle policies, sunscreen and diaper rash control product labeling, and storage requirements · Failure to comply with staff training requirements, including orientation, annual in-service, child development and learning, pediatric cardiopulmonary resuscitation (CPR), and pediatric first aid training · Failure to have required equipment and materials · Failure to keep hazardous items away from children · Failure to comply with cleanliness requirements · Failure to maintain equipment and furniture · Failure to verify staff qualifications · Chronicity: Your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o October 27, 2023 Conditional License (this order): 25 violations (18 repeat) o September 7, 2023 Order to Pay a Fine 1 background study violation ($200) o February 22, 2023 Correction Order: 6 violations (5 repeat) o August 19, 2022 Correction Order: 21 violations (12 repeat) o November 10, 2021 Correction Order: 12 violations (6 repeat) o November 25, 2019 Correction Order: 22 violations (5 repeat) Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children served in your care, your license to provide child care is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. Program Practices 1. Violation: The required staff-to-child ratios were not maintained. Fourteen toddler aged children and one preschool aged child were on the playground with two staff persons. Because toddler aged children were present, three staff persons were required. Citation: Minnesota Rules, part 9503.0040, subpart 1 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated August 19, 2022 2. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. · An unsupervised volunteer, under the age of 16, was supervising school aged children using the restroom. · An unsupervised volunteer, under the age of 16, was supervising school aged children when the only staff person left the classroom. · During the licensing review, two aide qualified staff persons (SP1 and SP8) were alone supervising fourteen toddler aged children and one preschool aged child. Documentation was not available to verify that SP1 was assistant teacher qualified, therefore SP1 is deemed an aide. Documentation was not available to verify that SP8 was teacher qualified, therefore SP8 is deemed an aide. The minimum qualifications of a teacher, assistant teacher, and an aide were required. · An unsupervised volunteer, under the age of 16, was supervising a preschool aged child walking from the playground to a classroom. Citation: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated February 22, 2023 · A Correction Order dated November 10, 2021 · A Correction Order dated November 25, 2019 3. Violation: The program was not operating within the terms of the license. On the day of the licensing review, there were fourteen school aged children in attendance. The center is licensed to provide care to nine school aged children. Citation: Minnesota Statutes, section 245A.04, subdivision 7a, paragraph (a) Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated August 19, 2022 Food and Water 4. Violation: Snack did not comply with USDA requirements. · Snack did not include two of the four food components identified by the USDA (fluid milk, juice or fruit or vegetable, meat or meat alternate, bread/bread alternate or cereal). · A grain based dessert was used as a food component. Based on a conversation with a staff person, it was determined that children are fed cheese balls and animal crackers as snack components. Citation: Minnesota Rules, part 9503.0145, subpart 2 5. Violation: Menus did not comply with the nutritional requirements of the USDA. Menus did not include: · a fruit; · at least one whole grain rich food per day; · no more than one serving of juice per day (needs to be 100%); · the name of the breakfast cereal to confirm sugar limits are not exceeded; and · the type of milk (whole, 1%, skim). Citation: Minnesota Rules, part 9503.0145, subpart 2 Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2021 · A Correction Order dated November 25, 2019 6. Violation: Water bottles were used to provide drinking water to children and the program did not follow the policy for cleaning and sanitizing water bottles. Although the program had a water bottle policy, the following was not met: · each day the water bottle or cup is used, the child care center cleans and sanitizes the water bottle or cup using procedures that comply with the Food Code under Minnesota Rules, chapter 4626; · a water bottle or cup is assigned to a specific child and labeled with the child's first and last name; and, · water bottles and cups are stored in a manner that reduces the risk of a child using the wrong water bottle or cup. Citation: Minnesota Statutes, section 245A.14, subdivision 17 Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 25, 2019 7. Violation: Products to control diaper rash were not labeled with the child's first and last name. Products to control diaper rash and sunscreen were not labeled with the child's first and last name. · Multiple containers of diapering wipes, diapering ointment, and sunscreen were not labeled with first and last names in the toddler classroom. · Multiple containers of sunscreen were not labeled with first and last names in the school age classroom. Citation: Minnesota Rules, part 9503.0140, subpart 7, item D 8. Violation: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. · Multiple containers of diapering wipes, diapering ointment, and sunscreen were stored on the diapering table at a height accessible to children in the toddler classroom. · Multiple containers of sunscreen were stored on a cart at a height accessible to children in the school age classroom. Citation: Minnesota Rules, part 9503.0140, subpart 7, item E Facility 9. Violation: The program did not comply with cleanliness requirements; the indoor space was not clean. · Children’s blankets and pillows were stored in piles on the top of a shelf, not separately. Blankets and pillows belonging to other children were touching other children’s blankets in the preschool classroom. This is not a clean and sanitary way to store children’s blankets and pillows. · The mat on the toddler classroom diapering table was cracked with holes in it. There is not a way to clean and sanitize it properly when the plastic is not intact. As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch.' Citation: Minnesota Rules, part 9503.0140, subpart 9 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated November 25, 2019 10. Violation: Equipment and furniture were not in good repair. · A climbing structure on the playground was broken with a jagged hole and cracks with sharp edges. · A climbing structure on the playground had a rope ladder with parts of the rope unattached. Citation: Minnesota Rules, part 9503.0140, subpart 19 11. Violation: The DHS licensor observed that hazardous objects were accessible to children. · A container of hand sanitizer was on a cart at a height accessible to children in the school age classroom. · A bottle with bleach written on it was on a cart at a height accessible to children in the school age classroom. · There were multiple areas where landscaping fabric was protruding through the wood chips on the playground. This is a tripping hazard. · A climbing structure on the playground was broken with a jagged hole and cracks with sharp edges. Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated August 19, 2022 12. Violation: A minimum of 35 square feet of indoor space was not available for each child in attendance. On the day of the licensing visit, the DHS licensors observed fourteen children in the school age classroom. This classroom has enough square footage for nine children. Citation: Minnesota Rules, part 9503.0155, subpart 9 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated August 19, 2022 13. Violation: Electrical outlets were not tamper-proof or shielded. · Four electrical outlets were not shielded in the school age classroom. · Three electrical outlets were not shielded in the lobby area. Citation: Minnesota Rules, part 9503.0155, subpart 11 Program Plan/Interest Areas 14. Violation: The program did not provide the children access to interest areas on a daily basis. Children were not provided daily access to a: · creative arts and crafts interest area in the toddler classroom; · construction interest area in the toddler classroom; · dramatic or practical life activities interest area in the school age classroom; · science interest area in the toddler and school age classrooms; · music interest area in the school age classroom; · fine motor activities interest area in the toddler and school age classrooms; and · sensory stimulation activities interest area in the school age classroom. Citation: Minnesota Rules, part 9503.0045, subpart 2 Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated February 22, 2023 · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 Equipment List 15. Violation: The center lacked the following furnishings, equipment, materials, or supplies: School Age Room: School Age classroom · 9 sets of cognitive developmental equipment · 5 sets of manipulative toys · 5 rhythm instruments · 3 pieces of spontaneous dramatic play equipment · Materials and accessories to support the dramatic play equipment · 10 sports and recreation equipment Toddler Room: Toddler classroom · Sufficient amount of arts and craft supplies · 13 books · 24 large building blocks · 1 double easel · 4 noise or music making toys · 28 sets of manipulative toys · 4 soft, washable toys · Full length mirror · Materials and accessories to support the dramatic play equipment Citation: Minnesota Rules, part 9503.0060 Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated February 22, 2023 · A Correction Order dated August 19, 2022 · A Correction Order dated November 25, 2019 Equipment and Supplies 16. Violation: The minimum amount of equipment specified for an age category was not accessible every day to the children of that age category. There were small blocks stored on top of a high cabinet with dust on them in the toddler classroom, showing they had not been used in a long time. Citation: Minnesota Rules, part 9503.0060, subpart 1 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated February 22, 2023 Personnel Records 17. Violation: A personnel record was not maintained at the program for each staff person (SP9). Citation: Minnesota Rules, part 9503.0115, item B; and part 9503.0120 Staff Qualifications 18. Violation: The program did not have documentation on site to show that 1 of 4 (SP8) staff persons met the: · education requirements of the teacher job classification for which the staff person was employed (SP8); and · experience requirements of the teacher job classification for which the staff person was employed (SP8). Citation: Minnesota Rules, part 9503.0032, subpart 2; and part 9503.0120, item B Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated February 22, 2023 · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 · A Correction Order dated November 25, 2019 19. Violation: The program did not have documentation on site to show that 2 of 2 (SP1 and SP4) staff persons met the: · education requirements of the assistant teacher job classification for which the staff person was employed (SP1 and SP4); and · experience requirements of the assistant teacher job classification for which the staff person was employed (SP1 and SP4). Citation: Minnesota Rules, part 9503.0033, subpart 2; and part 9503.0120, item B Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated November 10, 2021 Staff Training 20. Violation: Documentation was not available on site to verify that before starting assigned duties, 4 of 4 (SP1, SP4, SP8 and SP9) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · the risk of abusive head trauma that was at least one half hour in length as required under subdivision 5a (SP4, SP8 and SP9); · allergy prevention and response as required by Minnesota Statutes, 245A.41, subdivision 1 (SP1, SP4, SP8 and SP9); · behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP1, SP4, SP8 and SP9); · the child care program plan and center's philosophy (SP1, SP4, SP8 and SP9); · emergency preparedness as required by Minnesota Statutes, 245A.41, subdivision 3. (SP1, SP4, SP8 and SP9); · handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP1, SP4, SP8 and SP9); · handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP1, SP4, SP8 and SP9); · procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP1, SP4, SP8 and SP9); · specific job responsibilities (SP1, SP4, SP8 and SP9); · program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP1, SP4, SP8 and SP9); · reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP1, SP4, SP8 and SP9); and · program's risk reduction plan as required under section 245A.66, subdivision 2 (SP1, SP4, SP8 and SP9). Citation: Minnesota Statutes, section 245A.40, subdivision 1; and section 245A.04, subdivision 14, paragraph (b), clause (1) Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 · A Correction Order dated November 25, 2019 21. Violation: The required in-service training had not been completed for 2 of 5 (SP1 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: · the required number of in-service training hours for the previous concluded calendar year (SP1 and SP6); · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP6); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP6); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP6); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP6); · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP6); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP6); and · training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP6). Citation: Minnesota Statutes, section 245A.40, subdivision 7 Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 25, 2019 22. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 1 of 6 (SP9) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment before unsupervised contact with a child (SP9). Citation: Minnesota Statutes, section 245A.40, subdivision 4 and Minnesota Rules, part 9503.0120, subpart D Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 23. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 6 (SP9) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training before unsupervised direct contact with a child (SP9). Citation: Minnesota Statutes, section 245A.40, subdivision 3 and Minnesota Rules, part 9503.0120, subpart D Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 Risk Reduction Plan 24. Violation: The risk reduction plan did not include specific policies and procedures to ensure adequate supervision of children at all times, with particular emphasis on supervision of school age children when using the restroom and visiting the child's personal storage space. During the licensing visit, the DHS licensors observed a school aged child using the restroom unsupervised. The risk reduction plan did not include specific policies and procedures with an emphasis on supervision of school age children using the restroom. Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f) Emergency Preparedness 25. 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 2023. The last review of the emergency preparedness plan was January of 2022. A review was due by the end of January 2023. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Citation: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d) Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated August 19, 2022 · A Correction Order dated November 10, 2021 · A Correction Order dated November 25, 2019 Corrective action required You must immediately correct the violations as described above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations. If you fail to demonstrate substantial compliance with child care licensing requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Additionally, DHS will not approve a request to increase your childcare services from the date of this order until the time your conditional license expires. CONDITIONAL LICENSE TERMS In addition to the child care licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days from receipt of this order, you must provide written notification of the conditional status of your license to all parents/legal guardians. Prior to providing the written notification to all parents/legal guardians, you must submit the written notice to your DHS licensor for approval. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees and other individuals newly affiliated with your program who require a background study under Minnesota Statutes, section 245C.02, subdivision 6a. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and · the date the background study request was submitted to DHS. 3. You must develop a detailed supervision plan to ensure that children will be supervised by program staff persons at all times, consistent with the definition of supervision under Minnesota Statutes, section 245A.02, subdivision 18, and in compliance with the risk reduction plan requirements under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f), (1) through (6). Within 30 days from receipt of this order, you must submit the supervision plan to your licensor for approval. 4. Within 30 days after the supervision plan is approved by your licensor, you must provide training to all staff on the supervision plan and maintain documentation of the training in each staff person’s personnel record. You must also ensure new hires receive the same training and document the training in each new hire’s personnel record. Within 45 days from receipt of this order, you must ensure that all staff persons have successfully completed training as required under Minnesota Statutes, section 245A.40, subdivisions 1 through 7, including orientation, child growth and development, first aid, cardiopulmonary resuscitation (CPR), sudden unexpected infant death and abusive head trauma, child passenger restraint systems, and annual in-service training, as well as training on your risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 3. You also must ensure that new hires successfully complete all applicable training. You must maintain documentation of the completed training in each staff person’s personnel record. 5. While your license is on conditional status, you must complete daily maintenance, cleanliness, and hazard checks of the facility, equipment, and outdoor play areas, and maintain documentation onsite to show that the checks have been completed. This documentation must be made immediately available to the Commissioner during onsite inspection and otherwise requested. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all child care laws and rules. Posting of this licensing action You are required to place this Order of Conditional License in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · Child care centers are required to follow Minnesota Rules, parts 9503.0005 to 9503.0170; and Minnesota Statutes, Chapters 245A, 245C, and 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Chad Kratzke, Supervisor, at 651-431-6535. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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