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November 8, 2023 Jacob Margarit Lutheran Social Service of Minnesota 2485 Como Ave Saint Paul, MN 55108
RE: Report No. 202305521 LSS Juneberry License No. 1070007/1069963 Dear Jacob Margarit: CORRECTION ORDER An investigation of LSS Juneberry was completed regarding report number 202305521 which alleged violation of Minnesota Statutes, section 626.557, and Minnesota Statutes, Chapter 245D. This maltreatment allegation concerned sexual abuse. The disposition of the investigation report is substantiated. 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. 1. Citation: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g); and Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d); and 245C.13, subdivision 2. Violation: As a result of an investigation, a DHS investigator determined that you failed to request a background study for one staff person before they began working in a position allowing direct contact with persons served and then you failed to provide continuous, direct supervision of the individual while the individual’s background study was in process, but not yet completed. On February 24, 2023, a staff person (P) was hired and on February 25, 2023, had supervised contact with persons served. On February 27, 2023, a background study was initiated for the P. On March 4 and 5, 2023, the P worked unsupervised. On March 7, 2023, the P submitted their fingerprints and March 8, 2023, the P was cleared to work unsupervised. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provision of paragraph (d) to avoid a fine for a background study violation may not avoid fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Because the license holder self-corrected the background study violation involving the P before the Commissioner discovered the violation, the license holder is not being fined for the background study violations involving the P. However, the failure to submit a background study request to DHS before a staff person began a position allowing direct contact with persons served by the program is a violation of background study requirements. Corrective Action Ordered: You must comply with the background study requirements in Minnesota Statutes, chapter 245C.04 and Minnesota Statutes, section 245A.07. 2. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: A review of the P’s training record showed no evidence that orientation training to the individual service recipient needs was provided as required. Although the P worked at the facility for four months, his/her training record did not include documentation that the P reviewed and received instruction on the service recipient’s Coordinated Service and Support Plan, the Coordinated Service and Support Plan Addendum goals and outcomes, the Individual Abuse Prevention Plan, or the Self-Management Assessment. The SP no longer worked at the facility. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 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, . Sincerely,
Deb Neubauer-Hoffman, Investigator Office of Inspector General Licensing Division deb.neubauer-hoffman@state.mn.us 651-431-6567 Enclosure
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