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October 31, 2023 Nicole Marie Flick, Authorized Agent ABC123 Child Enrichment Center LLC 1710 CENTER AVE W STE 130 Dilworth, MN 56529-1309 License Number: 1077914 (Child Care Ctr) Program Location: 1710 CENTER AVE W STE 130, Dilworth, MN 56529-1309 Report Number: 202206311 Dear Nicole Marie Flick: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of a Citations 1 and 2 from the Correction Order issued to you by the Department of Human Services on September 30, 2022. You did not request reconsideration of any other citation, therefore, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Staff did not supervise the children at all times (Little Tots). During naptime, the DHS licensors observed the Little Tots classroom was very dark. The lights were turned off and the windows were covered. Both licensors were present in the classroom and were unable to see the children adequately, and needed to use a cell phone flashlight in order to see the children. (Little Tots: Infant/Toddler classroom) Your Response. In your request for reconsideration, you stated that the DHS licensor’s assessment that the classroom was too dark is inaccurate and subjective. You stated you have no information regarding the licensor’s ability to see, and no information about the staff members present and their ability to see. You stated “It is assumed that the staff members present chose the darkness of the room and were able to see every child adequately.” Applicable Law. Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. Reconsideration Determination. There were two licensors present in the classroom. Both licensors had annual eye exams. Outside of one licensor wearing eye glasses which did not impair their ability to see, neither licensor had any known visual impairment. Both licensors entered the classroom and allowed time for their eyes to adjust. The licensors observed that the classroom was extremely dark and required cell phone flashlights to see the floor, the cribs, and children in the cribs. Supervision requires that staff are within sight and hearing, and have the ability to intervene to protect the health and safety of the child. The record supports finding that classroom was dark enough that viewing the children in the classroom required the use of a flashlight. Staff are not within sight of children, if the room is dark enough that a flashlight is required to see the children in the room. As such, the record supports the citation and it is affirmed. Citation 2. The program did not ensure that infants were not placed in a position where the airway may be blocked or with anything covering the infant's face. On the day of the licensing visit, a DHS Licensor observed two infants in cribs in the Little Tots classroom that were covered with blankets which completely covered their bodies including the children’s heads. (Little Tots: Infant/Toddler classroom) Your Response. In your request for reconsideration, you stated that the violation is incomplete because you do not have any confirmation of the age of the children observed in the crib. Applicable Law. Sleeping infants must not be in a position where the airway may be blocked or with anything covering the infant's face. Minnesota Statutes, section 245A.1435, paragraph (c). Reconsideration Determination. Sleeping infants must not be in a position where the airway may be blocked or with anything covering the infant's face. However, the Little Tots classroom contains both toddler and infants. The licensors observed children sleeping with blankets completely covering their entire bodies, including their heads, but did not verify the ages of the children under the blankets.The record does not contain sufficient information to determine whether the children sleeping under the blankets were infants or toddlers. As such, there is not sufficient information to support the citation and it is rescinded. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 is affirmed, and Citation 2 is rescinded. This is a final agency decision. 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,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General CC: Katherine Claffey, Groshek Law
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