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December 21, 2023 PERSONAL SERVICE Kiara Ta-shawn Clark, Authorized Agent Your Home Care Services, LLC 5611 Chicago Avenue Minneapolis, MN 55417 License Number 1098882 (245D-Home and Community Based Services) Your Home Care Services, LLC 5141 28th Avenue South Minneapolis, MN 55417 License Number 1110084 (Child Foster Residence Setting) Your Home Care Services 1663 196th Lane Northwest Oak Grove, MN 55011 License Number 1115234(Child Foster Residence Setting) ORDER OF TEMPORARY IMMEDIATE SUSPENSION Dear Kiara Ta-shawn Clark: The Department of Human Services (DHS) is immediately suspending your license to provide home and community-based services provided through license number 1098882, located at 5611 Chicago Avenue, Minneapolis, Minnesota; child foster care services through license number 1110084 at your child foster residence setting located at 5141 28th Avenue South, Minneapolis, Minnesota; and child foster care services through license number 1115234, at your child foster residence setting located at 1663 196th Lane Northwest, Oak Grove, Minnesota. This immediate suspension is based on a determination that persons served by your program are at an imminent risk of harm and your failure to provide the commissioner access to your programs. Details of our findings are provided below. Our next steps and your options are also detailed. License Number 1098882 The immediate suspension goes into effect on December 21, 2023, at 11:59 p.m., at the close of business today. After this time, you are prohibited from providing home and community-based services. License Numbers 1110084 and 1115234 The immediate suspension goes into effect on December 28, 2023, at 11:59 p.m., or when all service recipients have been transitioned to a new provider, whichever comes first. After this time, you are prohibited from providing child foster care at your child foster residence settings. REASON FOR TEMPORARY IMMEDIATE SUSPENSION There is an imminent risk of harm to persons served. License number 1098882 – Crisis Respite Services On December 13, 2023, DHS conducted an unannounced licensing review and complaint investigation at the unlicensed site where you provide crisis respite services. The controlling individual (CI1) directed staff to evade DHS licensors. A DHS licensor requested names of all persons served from the CI1 prior to the licensing review. The list CI1 provided on December 13, 2023, failed to include several persons currently receiving services from the program. During the visit, DHS licensors discovered there were additional people receiving services who were not identified. DHS was only provided limited access to clients, client rooms, client records, and staff records. With the limited access DHS could not fully determine who was receiving services. Of the limited staff and client records DHS was able to review, including medication administration records, most were incomplete and inaccurate. Without accurate client records, particularly with clients who are in crisis and require crisis respite services, staff are unable to understand and provide for the complex needs of clients served. The directive by CI1 to prohibit DHS access combined with the overall lack of records puts clients at risk of imminent harm and further prevents DHS from ensuring clients are safe and receiving necessary care to protect their health, safety, and rights. License number 1110084 – Hennepin County On December 13, 2023, DHS conducted a licensing review of your child foster residence setting located at License number 1115234 – Anoka County On December 15, 2023, DHS conducted a licensing review of your child foster residence setting located at Because reports related to the incidents detailed above are currently under investigation, no additional information can be released in this order. Based on these findings, DHS cannot ensure the health and safety of the persons served by your program at this time. DHS has determined that the health, safety, and rights of persons in your care are in imminent risk of harm. Therefore, DHS is suspending your licenses to provide home and community-based services and child foster care through your child foster residence setting. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 2(a)(1). You failed or refused to provide DHS access to your program On December 13, 2023, DHS licensors conducted an unannounced visit to your program for purposes of conducting a licensing review and complaint investigation. While on site, a DHS licensor heard a telephone conversation between a staff person and CI1. The staff person onsite was speaking to CI1 on speakerphone. The DHS licensor heard CI1 directing staff not to talk to and to evade DHS licensors. As a result, DHS was only given limited access to clients, client rooms, and records. That same day, December 13, 2023, DHS conducted a licensing review at your child foster residence setting located at 5141 28th Avenue South, Minneapolis, Minnesota. DHS heard the staff person onsite speaking to program management on the phone. After the staff person ended the call, the staff person refused to speak with DHS and told DHS that DHS licensors would have to speak with CI1. Failure or refusal of a license holder to fully comply with the commissioner’s right to access: (1) the physical plant and grounds where the program is provided; (2) documents and records, including records maintained in electronic format; (3) persons served by the program; and (4) staff and personnel records; without prior notice and as often as the commissioner considers necessary is reasonable cause for DHS to immediately suspend the license. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 5(b). EFFECTIVE DATE License Number 1098882 Because the services you provide under your HCBS license are not residential services, the temporary immediate suspension goes into effect at 11:59 p.m. on December 21, 2023. You are prohibited from operating your HCBS program after that time. License Numbers 1110084 and 1115234 Because you provide residential services under your CFRS licenses, the temporary immediate suspension goes into effect on December 28, 2023, at 11:59 p.m. or when the last individual is transitioned to an alternative service provider, whichever comes first. You are required to work with case managers to ensure persons served receive continuous care. Once each person served has secured a new service provider, or on December 28, 2023, whichever comes first, you are prohibited from operating your CFRS programs at that time. YOUR RIGHT TO APPEAL You have the right to appeal the temporary immediate suspension. 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. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 5 calendar days from when you receive 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 5 calendar days from when you receive 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. 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. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · This action is also taken under Minnesota Statutes, section 245A.04, subdivision 5(b) which states that failure or refusal to fully comply with the subdivision that requires the commissioner a right of access to programs, records, and clients, is reasonable cause to immediate suspend a license. · The timeline to appeal a temporary immediate suspension order is provided in Minnesota Statutes, section 245A.07, subdivision 2(b). · Because this report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder and any controlling individual shall discontinue operation of a program upon receipt of an order to immediately suspend the license under Minnesota Statutes, section 245A.07, subdivision 2(b). · Under Minnesota Statutes, section 245A.07, subdivision 2b, the effective date of the TIS may be delayed for up to 30 calendar days to provide for the continuity of care of service recipients in residential programs. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6544. Sincerely,
Jill Slaikeu, HCBS Unit Manager Licensing Division Office of Inspector General
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