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February 2, 2024 Amy Alison Frey, Center Operator Minneapolis Kids @ Windom 1250 W Broadway Ave Minneapolis MN 55411 Certification Number: 1089589 (Cert CCC) Program Location: 5821 Wentworth Ave, Minneapolis, MN 55419-2308 Report Number: 202306028 DETERMINATION OF MALTREATMENT Dear Amy Alison Frey: The Department of Human Services (DHS) determined that Minneapolis Kids @ Windom located at 5821 Wentworth Ave, Minneapolis, MN, is responsible for maltreatment by neglect. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202306028. Our next steps and your options are also detailed. I. Determination of Maltreatment It was reported that an alleged victim (AV) was outside the facility unsupervised for almost two hours. DHS investigated the report as alleged maltreatment by neglect. Based on the maltreatment investigation, DHS determined that Minneapolis Kids @ Windom was responsible for neglect of the AV. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2, paragraph (a). Additional Citation Related to the Maltreatment Determination Citation: Minnesota Statutes, section 245H.13, subdivision 10 Violation: On July 14, 2023, a child, who was four years old, left the facility without staff persons knowledge or supervision and was found by a community person outside a facility door. The child was outside unsupervised for approximately 45 minutes. Supervision is defined as: Staff must supervise each child at all times. Staff are responsible for the ongoing activity of each child, appropriate visual or auditory awareness, physical proximity, and knowledge of activity requirements and each child's needs. Staff must intervene when necessary to ensure a child's safety. In determining the appropriate level of supervision of a child, staff must consider: (1) the age of a child; (2) individual differences and abilities; (3) indoor and outdoor layout of the child care program; and (4) environmental circumstances, hazards, and risks. Corrective Action Ordered: Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how you will ensure that children are supervised, with particular emphasis regarding when multiple children are transitioning between the bathroom and other locations throughout the facility, and how it will be maintained in the future. Submissions required as part of the corrective action ordered must be sent through the Provider Hub. II. YOUR RIGHT TO APPEAL You have the right to appeal this order. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. 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 this order was issued in the Provider Hub. Your request must: · Be in writing · List each violation you are challenging · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Identify what is inaccurate or incomplete about the violations · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. A response to your reconsideration request will be mailed or sent in the Provider Hub within 15 working days after DHS receives your request. Regarding the maltreatment determination, you have the right to request a fair hearing if a response is not mailed within 15 working days or if the maltreatment determination is affirmed following reconsideration. A reconsideration determination of the other violations in the correction order is a final agency decision and not subject to further appeal. Legal representation 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.justice4mn.org to find a local legal services program that may be able to help you. Legal authority for this action · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · Certification holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33, subdivision 2, paragraph (a) and (b) · This action is taken under Minnesota Statutes, section 245H.06, subdivision 1. The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245H.06, subdivision 2. Questions If you have any further questions regarding this matter, you may contact Sarah Schumacher, Supervisor, at 651-431-6555. Sincerely,
Maggie Hanson, Intake and Investigations Unit Manager Office of Inspector General Licensing Division Enclosure
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