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March 6, 2024 Maria Snider Rainbow Child Development Center 605 Como Avenue Saint Paul, MN 55103 License Number: 830776 (Child Care Ctr) Program Location: 605 Como Avenue, Saint Paul, MN 55103 Dear Maria Snider: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1 and 2 from the Correction Order issued to you by DHS on March 22, 2023. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. The program did not comply with cardiopulmonary resuscitation (“CPR”) training requirements. Documentation was not available on site to show that three staff persons (SP1, SP4, SP6) had satisfactorily completed the required pediatric CPR training before having unsupervised contact with a child in the program. Citation 2. The program did not comply with first aid training requirements. Documentation was not available on site to show that three staff persons (SP1, SP4, SP6) had satisfactorily completed pediatric first aid training before having unsupervised direct contact with a child in the program. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivisions 3 and 4, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric CPR and first aid trainings prior to having unsupervised direct contact with a child. Minnesota Statutes, section 245C.02, subdivision 11, defines “direct contact” to include provision of “face-to-face care” to persons served by a licensed program. Minnesota Rule 9503.0120 requires license holders to maintain, at the child care center, certain personnel records for each staff person. The records to be maintained on site include documentation that the staff person has completed the required CPR and first aid training. Your Response. You argue that, whenever SP1, SP4, or SP6 were working with children, “there was always at least one person readily available to assist with the required pediatric CPR/First Aid training.” Moreover, citing the definition of “staff supervision” in Minnesota Rule 9503.0030, subpart 1(E), you contend that all staff persons at the facility are supervised throughout their employment, and therefore none of the specified staff persons (“SPs”) could have had “unsupervised” direct contact with the children. Reconsideration Determination. This analysis applies to both Citations 1 and 2. A review of SP1, SP4, and SP6’s personnel records, including their Personnel Information Form (“PIF”), showed they all had unsupervised direct contact with the children in the program prior to completing their required pediatric CPR and first aid trainings. Specifically:
You assert there was no violation of the rules, because, when the SPs were caring for the children pre-CPR and first aid trainings, there always was at least one other CPR and first aid-qualified person in the facility “readily available” to assist. The applicable statutes and rules require that, when providing unsupervised face-to-face care to children in the program, all such staff persons must have completed CPR and first aid trainings, and therefore be “readily available” and able to administer the appropriate maneuvers and aid as necessary. It is not sufficient that only some direct contact staff persons in the facility are qualified to do so. Additionally, citing the definition of “staff supervision” in Minnesota Rule 9503.0030, subpart 1(E), you seem to argue that all non-supervisory/managerial staff persons at the facility are supervised throughout their employment, and so none of the SPs could have had “unsupervised” direct contact with the children. In the broader context of Chapter 9503, however, the term “staff supervision” is used to establish general responsibilities of a facility supervisor or director. It has little relevance for the present issue—which is, according to the information gathered by DHS, the above-referenced SPs provided face-to-face care of children without having yet completed their CPR and first aid trainings, and without direct oversight from another staff person with the requisite qualifications. Both citations are affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1 and 2 are affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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