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October 31, 2023 CERTIFIED MAIL Melissa Pelto 20589 Enfield Avenue North Forest Lake, MN 55025 License Number 1088095 FCC ORDER OF LICENSE REVOCATION Dear Ms. Pelto: Based on the recommendation of Washington County Community Services (Washington County), the Department of Human Services (DHS) is revoking your license to provide family child care services at 20589 Enfield Avenue North, Forrest Lake, MN. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you have repeatedly failed to submit background studies as required. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules Washington County determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations Severity of violations Previously, you were reminded to submit the required background studies by the end of December 2022, on the following occasions: · June 24, 2022, Washington county emailed you a reminder that background studies were to be completed for all household members as well as for anyone working in your program. · July 28, 2022, Washington County left you a voicemail message reminding you that background studies were to be completed for all household members as well as for anyone working in your program. · September 8, 2022, Washington County sent you their newsletter with information regarding the enhanced background studies and what was required. · October 26, 2022, DHS sent you an email regarding the information regarding the enhanced background studies and what was required. · October 31, 2022, Washington County emailed you a letter regarding the need to complete background studies for all individual household members or individuals working in the program. · November 3, 2022, Washington County sent you their newsletter with information regarding the enhanced background studies and what was required. · November 3, 2022, Washington County left a voice massage asking for an update on the statues if your required background studies. · December 9, 2022, DHS sent you an email regarding the information regarding the enhanced background studies and what was required. · December 20, 2022, DHS sent you an email regarding the information regarding the enhanced background studies and what was required. · June 1, 2023, Washington County sent you an email regarding your need to complete the required background studies. · July 18, 2023, Washington County sent you an email regarding your need to complete the required background studies. On June 1, 2023, Washington County made a visit to your family child care program. During the visit, Washington County determined through your admission that you failed to submit background studies as required for all individuals age 13 and over. Washington County reminded you that the studies were to be completed by the end of December 2022, which you acknowledged. You were issued a correction order for failure to submit four studies as required. Subsequently, on June 7, 2023, you submitted your background study as required. On June 13, 2023, you contacted Washington County to ask for an additional week for a household member to complete their study. Washington County gave you a week for one household member but notified you that all other required household members need to complete theirs immediately. You failed to submit background studies as required. On July 18, 2023, you notified Washington County by email that you had been busy and that an individual who had been working in your program was no longer living in the area. Washington County responded to your email that all required background studies still needed to be submitted. Washington County asked you to respond to the email with an update. You failed to respond to Washington County. On August 3, 2023, DHS issued you an Order to Pay a Fine for the June 1, 2023, visit. The fine was for failure to submit background studies for four individuals as required. The fine as well as the background studies are still outstanding. You have repeatedly failed to submit background studies as required. 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 family child care services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. 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. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: 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 Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Operating the program pending the outcome of the appeal: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of children served by your program could result in the immediate suspension of your license. Questions about CCAP If you are a provider authorized to receive Child Care Assistance Program (CCAP) payments, this revocation order could impact your ability to receive CCAP funding. If you have questions about CCAP, contact the County or CCAP agencies where you are authorized to receive CCAP funds. Prohibition against providing legally unlicensed child care On August 3, 2023, DHS issued an Order to Pay a Fine to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Posting of this Licensing Action You are required to place this Order of License Revocation 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.07, subdivision 3, which describes under which conditions DHS may revoke a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4)(iv) states that license holders shall pay a $200 for each background study violation. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation that has not been reversed on appeal may not operate as a legally unlicensed child care provider. Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Barbara Wagner, Unit Manager Licensing Division Office of Inspector General cc: Jennifer Rodriguez, Washington County Community Services
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