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February 22, 2024 CERTIFIED MAIL Sue Harris, Authorized Agent St James Community Child Care 500 3rd Ave S Saint James, MN 56081-1744 License Number: 830968 (Child Care Center) ORDER OF CONDITIONAL LICENSE Dear Sue Harris: The Department of Human Services (DHS) is placing your license to provide child care services at St James Community Child Care, 500 3rd Ave S, Saint James, MN 56081, on conditional status for two years, beginning March 3, 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. REASON FOR THE CONDITIONAL LICENSE On November 30, 2023, DHS licensors conducted a licensing review at your facility located at 500 3rd Ave S, Saint James, MN 56081. As a result of this licensing visit, the DHS licensors determined that your program failed to comply with the laws and rules that apply to licensed child care centers, citing 55 violations. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of children served by the program. · Nature and Severity: On November 30, 2023, DHS licensors determined 55 licensing violations. Nine of the 55 violations are repeat violations for which you were previously cited. Numerous violations related to the health and safety of children, including: · Failure to comply with background study requirements (two violations cited in this order and a separate background study violation addressed in a separate Order to Pay a Fine issued on October 31, 2023) · Failure to comply with requirements related to infant care and safe sleep requirements including pacifier labeling, items in a crib with an infant younger than one year of age, swaddling, and crib safety inspections · Failure to supervise children · Failure to keep hazardous items away from children · Failure to maintain adequate staff-to-child ratios · Failure to maintain staff distribution requirements · Failure to comply with age category grouping requirements · Failure to comply with staff training requirements, including orientation, CPR, first aid, sudden unexpected infant death, abusive head trauma, annual in-service, and training on an allergy-related individual child care program plan for a child · Failure to comply with child’s records, including maintaining allergy information, documentation of a physical examination within 30 days of enrollment, immunization records, and emergency contact information · Failure to comply with administering, labeling, and storing medication · Failure to maintain the condition of equipment and areas used by children · Chronicity: Your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this information: · February 22, 2024 Conditional License (this order): 55 violations (9 repeat) · October 31, 2023 Order to Pay a Fine: $200 (one background study violation) · October 31, 2023 Correction Order: 7 violations (2 repeat) · May 19, 2020 Correction Order: 10 violations (6 repeat) · April 4, 2019 Correction Order: 15 violations (11 repeat)
Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children served in your care, your license to provide child care is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. Background Studies 1. Violation: One of one (SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers), who had their background study submitted after September 30, 2019, were working in the program before the program received a notice from the commissioner stating that the individual was not disqualified or that the background study needed more time to be completed. Citation: Minnesota Statutes, section 245C.13, subdivision 2 2. Violation: The DHS licensor reviewed personnel records and determined that the license holder did not submit a completed background study for 1 of 7 (SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) before the individual began working in a position allowing direct contact with children receiving services from the program. The staff person began working in a position allowing direct contact with children on August 1, 2022, However, the license holder did not submit a background study request for the staff person until September 21,2022. Because the background study violation was self-corrected by the license holder before a DHS licensor discovered the violation, and because this is the license holder’s first self-corrected violation in the past 365 days, a fine is not being issued. (SP6) Citation: Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (b) and (g) Program Practices 3. Violation: The required staff-to-child ratios were not maintained. At approximately 9:55 a.m., there was one staff person supervising 8 toddlers. An additional staff person was required to meet the staff-to-child ratio requirement. (Toddler classroom) Citation: Minnesota Rules, part 9503.0040, subpart 1 4. Violation: The allowable maximum group size was exceeded. · At approximately 10:05 a.m., the toddler, preschool 1, and preschool 2 classrooms were combined in a gymnasium with 20 children present. The maximum group size for toddlers is 14 children. (Toddler classroom) · At approximately 11:15 a.m., the infant 3 and toddler classrooms were combined in a gymnasium, with 17 children present. The maximum group size for infants is 8 children and the maximum group size for toddlers is 14 children. Therefore, the maximum group size was exceeded for the infant and toddler age groups. (Infant 3 classroom) Citation: Minnesota Rules, part 9503.0040, subpart 1 5. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. o At approximately 10:00 a.m., two aide qualified staff persons were supervising 4 infants. To meet staff distribution requirements, a teacher or assistant teacher staff person was required. (Infant 2 classroom) o At approximately 10:05 a.m., two aide qualified staff persons were supervising 8 infants. To meet staff distribution requirements, a teacher or assistant teacher qualified staff person was required. (Infant 3 classroom) o At approximately 9:55 a.m., an aide qualified staff person was supervising 8 children in the toddler classroom. To meet staff distribution requirements, a teacher qualified staff person was required. (Toddler classroom) Citation: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated October 31, 2023 · A Correction Order dated April 4, 2019 6. Violation: During the program's regular hours of operation, infants were mixed with other age categories. At approximately 11:15 a.m., the infant 3 and toddler classrooms were combined in the gymnasium. (Infant 3 classroom) Citation: Minnesota Rules, part 9503.0040, subpart 3, item B, (1) 7. Violation: The 36-month range in age allowed for a group that mixes different age categories was exceeded. At approximately 10:05 a.m., the toddler, preschool 1, and preschool 2 classrooms were combined in the gymnasium. There was more than a 41-month age range between the youngest and oldest child present within the group. (Toddler classroom) Citation: Minnesota Rules, part 9503.0040, subpart 3, item B, (2) 8. Violation: Staff did not supervise the children at all times. At approximately 10:52 a.m., a preschool child entered a restroom located between the Preschool 2 classroom and the toddler classroom and closed the door. The child remained in the restroom until 10:58, and a staff person did not check on the child after 5 minutes. A restroom located between and shared by two classrooms is not considered to be an individual, private restroom within the classroom. (Preschool 2 classroom) At approximately 12:35 p.m., the lighting in the toddler classroom was not adequate to supervise children during naptime. The staff persons and the DHS licensor each had to utilize a cell phone flashlight to safely maneuver around the classroom due to a lack of ability to see within the classroom. (Toddler classroom) 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. Citation: Minnesota Statutes, section 245A.02, subdivision 18 and Minnesota Rules, part 9503.0045, subpart 1, item A Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated October 31, 2023 · A Correction Order dated May 19, 2020 · A Correction Order dated April 4, 2019 Health Practices 9. Violation: Food allergy information was not readily available to staff where food is: · prepared; and · served. (Cafeteria) Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d) Food and Water 10. Violation: Menus did not comply with the nutritional requirements of the USDA. Menus did not include the type of milk served (whole, 1%, skim). Citation: Minnesota Rules, part 9503.0145, subpart 2 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated May 19, 2020 · A Correction Order dated April 4, 2019 11. Violation: Water bottles were used to provide drinking water to children and the program did not have a policy for cleaning and sanitizing water bottles. Citation: Minnesota Statutes, section 245A.14, subdivision 17 Medication/First Aid 12. Violation: Written parental permission had not been obtained for administering: o medicine; and o diaper products. Citation: Minnesota Rules, part 9503.0140, subpart 7, item A 13. Violation: Written instructions from a physician or a dentist to administer prescription medication were not obtained or followed. There was an albuterol inhaler with an OptiChamber attachment that did not have a prescription label or written instructions from a physician on how to administer the medication. (Preschool 1 classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item B 14. Violation: Medication: · An abluteral inhaler was not kept in the original container in Preschool 1 · An albuteral inhaler did not have a legible label with the child's first and last name in Preschool 1 classroom · An expired EpiPen was not returned to parents or destroyed in Preschool 2 Citation: Minnesota Rules, part 9503.0140, subpart 7, item C 15. Violation: The record of medication administration form for medications, including and inhaler and prescription diapering ointment, did not include the: · name of the child; · name of the medication or prescription number; · date, time and dosage; and · name and signature of the person dispensing the medication; Preschool 1 Citation: Minnesota Rules, part 9503.0140, subpart 7, item C 16. Violation: Products to control diaper rash were not labeled with the child's first and last name. · There were two containers of Desitin diaper rash paste not labeled with the child's first or last names. (Infant 1 classroom) · There was one container of Gentle Steps Petroleum Jelly and one container of Desitin diaper rash cream not labeled with the child's first or last names. (Infant 2 classroom) · There was one container of Walgreens Healing Ointment and one container of Medline Remedy Phytoplex Silicone Cream not labeled with a child’s first or last name. (Infant 3 classroom) · There were two containers of Aquaphor, one tube of Rexall cream, and one container of Triple Paste medicated ointment for diaper rash not labeled with a child’s first or last name. (Preschool 1 classroom). Citation: Minnesota Rules, part 9503.0140, subpart 7, item D 17. Violation: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. · There were two prescription medications, three over the counter medications, and seven diaper control products that were accessible to children in the classroom and in the preschool bathroom. (Preschool 1 classroom) · There were three containers of sunscreen that were accessible to children (Infant 3 classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item E 18. Violation: Sunscreen was not labeled with the child's first and last name. (Infant 3 classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item C Facility 19. Violation: The program did not comply with cleanliness requirements; the indoor space was not clean (Toddlers, Preschool 1 and Preschool 2). · There were toys and equipment that were stained and discolored from a lack of cleaning. (Toddler classroom) · There were nap items that did not fit in a child's cubby, with multiple blankets and pillows stacked on top of one another. This is not a clean and sanitary way to store personal items. (Preschool 1 classroom) · There were toys and equipment that were stained and discolored from a lack of cleaning. (Preschool 2 classroom) · As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch.' · There was a soiled wipe with visible brown organic matter laying on the bathroom floor. (Preschool 2 classroom) Citation: Minnesota Rules, part 9503.0140, subpart 9 20. Violation: Equipment and furniture were not in good repair. · There were broken plastic knobs from a kitchen playset that left sharp plastic edges attached to the playset that were accessible to children. (Preschool 1 classroom) · There was a plastic storage shelving unit that was missing the top shelving piece. Also, there was a crack in the middle of one of the drawers that was sharp and jagged (Preschool 1 classroom) · A wooden doll house had a broken roof that left areas that were sharp and splintering. (Preschool 1 classroom) · There were several cots that were frayed or in disrepair. (Preschool 1 classroom)
· The wooden train table was not assembled correctly, leaving a large gap in the table that could potentially injure a child. (Preschool 1 classroom) · There was a wooden shelving unit with chipped and peeling paint that exposed splintering wood which was accessible to children. (Toddler classroom) Citation: Minnesota Rules, part 9503.0140, subpart 19 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 21. Violation: The DHS licensor observed that hazardous objects were accessible to children. · There were several containers of sunscreen, a stapler, and latex diapering gloves accessible to children. (Infant 3 classroom) · There was an indoor climber with a slide that was set up directly on the classroom's carpeting, without an appropriate fall zone to minimize the risk of children falling and becoming injured. (Preschool 1 classroom) · There were loose staples and push pins throughout the classroom on the walls and floor accessible to children. (Preschool 1 classroom) · There were two bottles of lotion and disinfectant spray at a height that was accessible to children. (Preschool 1 classroom) · There was a large garbage can stored on top of the counters where the children's water bottles were located, posing a potential hazard if the garbage can were to fall on top of a child. (Preschool 1 classroom) · There were chairs stacked on top of one another, up to four chairs high, and stored on top of tables with children napping directly below the tables, posing a risk of harm if the chairs fell. (Preschool 1 classroom) · There were chairs stacked on top of one another and stored on top of tables, with children participating in activities right next to the tables, posing a risk of harm if the chairs fell. (Preschool 2 classroom) · There was a child's pacifier that was not labeled with the child's name or another labeling system to identify which child the pacifier belonged to. (Infant 2 classroom) · There was an indoor climber located in the gym that set directly on carpeting, without a fall zone to minimize the risk of children falling and becoming injured. (Facility) · There were four folding chairs set up around the gymnasium and additional folding chairs stacked against the walls and entrance to the gymnasium accessible to children. An infant was observed climbing on one of the chairs and a toddler was observed playing in between two of the chairs. (Facility) · There was a toddler child with a plastic bag of small hard candies, with both items posing as potential suffocation or choking hazards. (Facility) Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 22. Violation: Areas used by the children were not in good repair. · There were sections of baseboards that were separated and hanging from the wall. (Preschool 1 classroom) · There was cracked and peeling paint on the wall near the teacher’s desk. (Preschool 2 classroom)
Citation: Minnesota Rules, part 9503.0140, subpart 20 23. Violation: A rug or rugs: · were not firmly fastened to the floor (Preschool 1); and · had hazardous wrinkles (Preschool 1). Citation: Minnesota Rules, part 9503.0140, subpart 20 24. Violation: Hot or hazardous surfaces were not shielded or insulated. There was a bottle warmer on the counter that was not secured to the wall, posing a risk of hot water spilling or splashing on a child. (Infant 2: Infant classroom) Citation: Minnesota Rules, part 9503.0155, subpart 10 25. Violation: Electrical outlets were not tamper-proof or shielded. · There were 15 outlets not shielded with a tamper proof outlet cover. (Preschool 1 classroom) · There was one outlet that was not shielded with a tamper proof outlet cover. (Preschool 2 classroom)
Citation: Minnesota Rules, part 9503.0155, subpart 11 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order(s): · A Correction Order dated May 19, 2020 26. Violation: The facility floor plan did not indicate: · Space used exclusively for children during hours of operation which includes dimensions and locations of all areas. · The school cafeteria and small gym that is connected to the Infant 3 classroom are spaces within the school building that are used frequently throughout the day and not currently approved licensed space for the center to utilize. (Facility) Citation: Minnesota Rules, part 9503.0155, subpart 4 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 Postings 27. Violation: The license holder did not post a licensing action in a conspicuous place for the required two years. On August 16, 2023, the order to Fine Order issued on October 31, 2023, was not posted in the facility. Citation: Minnesota Statutes, section 245A.07, subdivision 5 Infant and Toddler Care 28. Violation: The program did not comply with diaper changing area requirements. The diaper change area did not have a hand sink equipped with hot and cold running water within three feet of the diaper changing surface (Preschool 1). Citation: Minnesota Rules, part 9503.0140, subpart 11 29. Violation: All crib brand names and model numbers were not checked annually against the U.S. Consumer Product Safety Commission website listing of unsafe cribs. There was no documentation to verify that crib brand names and model numbers were checked in calendar year 2022. Infant 1 classroom Infant 3 classroom) “Annual or “annually” means prior to or within the same month of the subsequent calendar year. Citation: Minnesota Statutes, section 245A.146, subdivision 31 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 30. Violation: There was no documentation to verify that crib safety inspections were completed on a monthly basis. · Crib safety inspections were not completed for cribs 1 through 9 in November and December 2022. (Infant 2 classroom) · Crib safety inspections were not completed for cribs 1 through 8 in July, August, September, October, November and December 2022. (Infant 1 classroom) Citation: Minnesota Statutes, section 245A.146, subdivision 4 Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 31. Violation: The program allowed an infant under six months of age who independently rolled onto his/her stomach after being placed to sleep on his/her back to remain sleeping on his/her stomach and did not have a signed statement from the parent indicating that the infant regularly rolls over at home. Through conversations with staff persons, it was determined that staff persons were not aware of the requirement in which an infant is able to roll over and remain in that position by age or with written parental permission. (Infant 1 classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (a) 32. Violation: The program did not comply with the requirements for reducing the risk of sudden unexpected infant death. The center did not ensure that there was nothing in the crib with an infant younger than 12 months of age, except for the infant's pacifier. At approximately 9:55 a.m., two infant children under 12 months of age were sleeping in their cribs with blankets. (Infant 1 classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (b) Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 33. Violation: The program did not comply with swaddling requirements. At approximately 9:55 a.m., an infant was observed swaddled and sleeping in a crib. The program did not have written parental permission to swaddle the infant. (Infant 1 classroom) Citation: Minnesota Statutes, section 245A.1435, paragraph (d) Equipment List 34. Violation: The center lacked the following furnishings, equipment, materials, or supplies: There were no music selections. (Toddler classroom) Citation: Minnesota Rules, part 9503.0060 Equipment and Supplies 35. Violation: The minimum amount of equipment specified for an age category was not accessible every day to the children of that age category. Through conversations with staff persons, it was determined that art materials were only accessible to children on a weekly basis. (Toddler classroom) Citation: Minnesota Rules, part 9503.0060, subpart 1 Nap and Rest 36. Violation: Children were required to remain on their cots after completing a nap or resting quietly for 30 minutes. Through conversations with staff persons, it was determined that children are required to stay on their cot for the duration of nap time, even if they are awake for longer than 30 minutes. (Preschool 1 classroom) Citation: Minnesota Rules, part 9503.0050, subpart 3 Staff Qualifications 37. Violation: The program did not have documentation on site to show that 3 of 6 (SP2, SP3 and SP5) staff persons met the: · education requirements of the teacher job classification for which the staff person was employed (SP2, SP3 and SP5); and · experience requirements of the teacher job classification for which the staff person was employed (SP3). Citation: Minnesota Rules, part 9503.0032, subpart 2; and part 9503.0120, item B Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 Staff Training 38. Violation: Program policies and procedures were not: · readily accessible to staff; and · indexed with a table of contents or another method approved by the commissioner. The policies and procedures that were indexed and accessible to staff persons belonged to the previous child care center at this location. This program’s policies and procedures were not indexed with a table of contents or another approved by the commissioner and were located in multiple areas of the office including the director’s desk, on top of shelving, in several filing cabinets with unlabeled and disorganized files and loose papers, and binders that were mislabeled. Citation: Minnesota Statutes, section 245A.04, subdivision 14, paragraph (c) 39. Violation: Documentation was not available on site to verify that before starting assigned duties, 2 of 8 (SP2 and SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP3); · the child care program plan and center's philosophy (SP3); · a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3 (SP2); · specific job responsibilities (SP2 and SP3); and · program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP2 and SP3). Citation: Minnesota Statutes, section 245A.40, subdivision 1; and section 245A.04, subdivision 14, paragraph (b), clause (1) 40. Violation: The required in-service training had not been completed for 6 of 7 (SP1, SP2, SP3, SP4, SP5 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training for the 2022 calendar year did not include: · the required number of in-service training hours for the previous concluded calendar year (SP1, SP2, SP3, SP4, SP5 and SP6); · training on cultural dynamics every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (4) (SP1); and · training on disabilities every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (5) (SP1). Citation: Minnesota Statutes, section 245A.40, subdivision 7 41. Violation: The program did not comply with sudden unexpected infant death training requirements. The training on reducing the risk of sudden unexpected infant death for 1 of 8 (SP3) individuals (director, staff persons, substitutes, or volunteers) was not completed before caring for infants. Citation: Minnesota Statutes, section 245A.40, subdivision 5, paragraph (a) Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 42. Violation: The program did not comply with abusive head trauma training requirements. The training on abusive head trauma for 1 of 8 (SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) was not completed before caring for children under school age. Citation: Minnesota Statutes, section 245A.40, subdivision 5a, paragraph (a) Repeat Licensing Violation: The license holder was cited for a similar violation in the following order: · A Correction Order dated April 4, 2019 43. Violation: The program did not comply with requirements for an allergy-related Individual Child Care Program Plan (ICCPP). Documentation was not available to show that staff persons reviewed an allergy-related ICCPP. There was no documentation available to show that 2 of 2 (SP1 and SP9) staff persons had reviewed an allergy-related ICCPP for a child. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (b) 44. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 3 of 8 (SP2, SP4 and SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment within the previous two years. Citation: Minnesota Statutes, section 245A.40, subdivision 4 and Minnesota Rules, part 9503.0120, subpart D 45. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 3 of 8 (SP2, SP4 and SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: · within 90 days of the start of work or within the previous two years (SP4); and · within the previous two years (SP2 and SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 3 and Minnesota Rules, part 9503.0120, subpart D Children's Records 46. Violation: Each child's record did not contain all required information. One of five (C3) children's files reviewed did not contain the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. Citation: Minnesota Rules, part 9503.0125 47. Violation: Two of five (C1 and C3) children's files reviewed did not contain documentation of a current physical examination received within 30 days of enrollment. Citation: Minnesota Rules, part 9503.0125, item G; and part 9503.0140, subpart 3 48. Violation: One of five (C3) children's files reviewed did not contain a current immunization record, a signed notarized statement of parental objection to the immunization, or a medical exemption. Citation: Minnesota Rules, part 9503.0125, item G; and part 9503.0140, subpart 5 49. Violation: The program did not develop an Individual Child Care Program Plan for 1 of 1 (C1) children's files reviewed for a child with a known allergy. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a) 50. Violation: Each child's record did not contain all required information . Two of five (C3 and C4) children's files reviewed did not contain the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. Citation: Minnesota Rules, part 9503.0125 Policies and Administrative Records 51. Violation: The license holder did not have a written emergency plan that included: · accommodations for a child with a disability or a chronic medical condition; and · accommodations for infants and toddlers. Citation: Minnesota Statutes, section 245A.41, subdivision 3 52. Violation: The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center's emergency plan was done in 2022. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Citation: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d) 53. Violation: The license holder did not: · included the emergency plan in the program's indexed policies and procedures; and · provide a physical or electronic copy of the emergency plan to the child's parent upon enrollment. Citation: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (e) 54. Violation: The child care program plan was not evaluated by a teacher qualified staff person in the previous calendar year. There was no documentation to verify that the program plan was evaluated in 2022. Citation: Minnesota Rules, part 9503.0045, subpart 1, item E Food and Water Policies and Procedures 55. Violation: Sanitation procedures and practices for food were not prepared by or provided by the license holder as specified in Minnesota Rules, part 9503.0145, subpart 3. These procedures and practices must be in compliance with the requirements for food and beverage establishments in Minnesota Rules, chapter 4626 and must include procedures for washing of food, utensils, and equipment. Through conversations with staff persons, it was determined that milk cups are not cleaned as required after each use and before using again for the next mealtime. (Toddler classroom) Citation: Minnesota Rules, part 9503.0145, subpart 3 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 (6). 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 form titled “Staffing Patterns for Licensed Child Care Centers,” found in the forms and other documents section on the DHS website for licensed child care centers. 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. 7. While your license is on conditional status, you must complete daily maintenance, cleanliness, and hazard checks of the facility, equipment, and outdoor play areas, and maintain documentation onsite to show that the checks have been completed. This documentation must be made immediately available to the Commissioner during onsite inspection and otherwise requested. 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 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 Jason Condon, Supervisor, at 651-431 6030, extension 4003. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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