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February 2, 2024 Anthony James Riccardi, Authorized Agent Little Newtons Operating, LLC 12325 Highway 55 Plymouth, MN 55411-4750 License Number: 1111720 (Child Care Center) INITIAL LICENSE APPLICATION ORDER OF CONDITIONAL LICENSE Dear Anthony Riccardi: The Department of Human Services (DHS) is placing your license to provide child care at 12325 Highway 55, Plymouth, on conditional status for one year, beginning February 9, 2024. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with Child Care licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. On September 8, 2021, DHS received your application for a child care center license under the name Little Newtons (license number 1111720) to be located at 12325 Highway 55, Plymouth. The license application was required because C2 became an owner and controlling individual under the previous child care center license at the same location, Lil Newtons Nest (license number 1055385) in September 2021. As specified under Minnesota Statutes, section 245A.043, subdivision 1, licenses are not transferable. The license for Lil Newtons Nest (1055385) was placed on conditional status on January 25, 2023, due to noncompliance with child care center licensing requirements. REASON FOR THE CONDITIONAL LICENSE Under Minnesota Statutes, section 245A.06, subdivision 1, paragraph (a), the Commissioner may issue an Order of Conditional License if a license holder fails to comply with applicable laws or rules. DHS has considered the nature, chronicity, and severity of the violations of laws and rules, as well as the health, safety, and rights of children served by the program. Nature and severity: · As an owner and controlling individual of Lil Newtons Nest (license number 1055385), you failed to comply with licensing standards, resulting in the issuance of the January 25, 2023, Order of Conditional License. The conditional license was issued for a period of two years and not set to expire until January 2025. · As an owner and controlling individual of Lil Newtons Nest (license number 1055385), you have been unable or unwilling to comply with the terms of the January 25, 2023, conditional license. Before license number 1111720 was issued, you had not complied with or successfully completed the Order of Conditional License 1055385. · As an applicant and controlling individual for Little Newtons (license number 1111720), you submitted a substantially incomplete and deficient child care center license application, which demonstrates that you continued to lack understanding of the requirements for operating a child care center in compliance with licensing statutes and rules. Chronicity: Since September 2021, you have demonstrated a history of noncompliance with licensing rules and statutes, through the operation of Lil Newtons Nest (license number 1055385) and through the license application process for Little Newtons (license number 1111720). The information below summarizes this history. Violation history under the operation of Lil Newtons Nest (1055385): · September 29, 2023 Correction Order 1 violation · August 4, 2023 Correction Order 22 violations (14 repeat) · June 26, 2023 Correction Order 4 violations (4 repeat) · June 14, 2023 Order to Pay a Fine $200 (one background study violation) · May 16, 2023 Correction Order 30 violations (17 repeat) · April 26, 2023 Correction Order 2 violations · March 10, 2023 Correction Order 4 violations (2 repeat) · January 20, 2023 Conditional Order 31 violations (10 repeat) · December 21, 2022 Determination of $1,200 Maltreatment, Failure to Report Maltreatment and Order to Pay a Fine · December 12, 2022 Order to Pay a Fine $200 (one background study violation) · October 31, 2022 Correction Order 9 violations (6 repeat) · March 29, 2022 Correction Order 10 violations (6 repeat) · October 6, 2021 Correction Order 1 violation (1 repeat) · September 7, 2021 Correction Order 1 violation License application process for Little Newtons (license number 1111720): In addition to C2 becoming an owner and controlling individual under Lil Newtons Nest (license number 1055385) in September 2021, additional controlling individuals (C3, C4, and C5) were added between April and September 2023. · On November 24, 2021, the DHS licensor spoke with the authorized agent of Little Newtons (1111720), C2, regarding the application process. A Notice of Incomplete Application letter was issued via email regarding missing and noncompliant documents. · On March 31, 2022, DHS requested staffing information from C2 via email for Little Newtons (1111720). · On May 19, July 20, August 17, September 29, October 12, and November 15, 2022, and January 4, January 31, February 8, and February 23, 2023, DHS emailed C2 for missing staffing documents that were required in the application for Little Newtons (1111720). · On June 29, 2023, DHS emailed C3 for missing staffing documents that were required in the application for Little Newtons (1111720). · On July 23 and September 23, 2023, the DHS licensor spoke with C4 regarding the missing staffing documents that were required in the application for Little Newtons (1111720). · On September 29, 2023, DHS emailed C3 and C4 for missing staffing documents that were required in the application for Little Newtons (1111720). · On December 14, 2023, DHS emailed C3 and C5 for missing staffing documents that were required in the application for Little Newtons (1111720). · On December 19, 2023, DHS licensors conducted an on-site pre-licensing review. The program was found out of compliance. An email was sent to C3 and C5 regarding the remaining corrections required to complete the application process for Little Newtons (1111720). · On December 28, 2023, documentation of all corrections were submitted to DHS and Little Newtons (1111720) was approved for licensure, effective January 1, 2024. CONDITIONAL LICENSE TERMS In addition to the child care center licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days from receipt of this order, you must provide written notification of the conditional status of your license to all parents/legal guardians. Prior to providing the written notification to all parents/legal guardians, you must submit the written notice to your DHS licensor for approval. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees who will have direct contact with children served by the program. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and · the date the background study request was submitted to DHS. 3. Within 45 days from receipt of this order, you must ensure that all staff persons have successfully completed training as required under Minnesota Statutes, section 245A.40, as well as training on your risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 3. You also must ensure that new hires successfully complete all applicable training. You must maintain documentation of the completed training in each staff person’s personnel record. 4. You must develop a detailed supervision plan to ensure that children will be supervised by program staff persons at all times, consistent with the definition of supervision under Minnesota Statutes, section 245A.02, subdivision 18, and in compliance with the risk reduction plan requirements under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f), (1) through (5). Within 30 days from receipt of this order, you must submit the supervision plan to your licensor for approval. 5. Within 30 days after the supervision plan is approved by your licensor, you must provide training to all staff on the supervision plan and maintain documentation of the training in each staff person’s personnel record. You must also ensure new hires receive the same training and document the training in each new hire’s personnel record. 6. On a monthly basis while your license is on conditional status, you must complete staffing patterns that identify every staff person and his/her job title included in the staff-to-child ratio for each classroom and maintain all completed staffing patterns onsite. The staffing information must be documented on the enclosed form titled “Staffing Patterns,” must be completed separately for each classroom, and must include the total number of children in attendance each hour for each classroom. The documentation must include the time each person takes their break, if applicable, and identify the name of the person who replaces them. Staffing patterns must be completed at the beginning of each month and made immediately available to the Commissioner upon request. Within 30 days from the receipt of this order, you must develop a plan to ensure staff to child ratios are maintained at all times and submit the plan to your licensor for approval. YOUR RIGHT TO REQUEST RECONSIDERATION If you choose to request reconsideration of this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request for reconsideration must be submitted in the Provider Hub within 10 calendar days from the date of issue. If you do not meet this deadline, you lose your right to request reconsideration. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all child care center licensing laws and rules. Posting of this licensing action You are required to place this Order of Conditional License 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.06, subdivision 1. · Licensed Child Care Centers are required to follow Minnesota Rules, parts 9503.0005 to 9503.0170; and Minnesota Statutes, Chapters 245A, 245C, and 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Meg Holmen, Supervisor, at 651-431 6030, extension 4013. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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