|
March 8, 2024 Gretchen Hengemuhle, Director of Licensing/Credentials Pond Early Childhood Family Development Center 700 Humboldt Avenue N Minneapolis, MN 55411 License Number: 1076817 (Child Care Ctr) Program Location: 9600 3rd Avenue South, Bloomington, MN 55420 Dear Gretchen Hengemuhle: 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 May 10, 2023. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. The DHS licensor observed that hazardous objects were accessible to children on the toddler playground. A small cube climber and a small slide were placed on the grass area, which does not provide a safe or adequate fall zone. Applicable Law. Minnesota Statutes, section 245A.66, subdivision 2, and Minnesota Rule 9503.0140, subpart 17, require licensed child care centers to keep hazardous objects out of reach of children. Your Response. You argue that the citation should be rescinded, because, there were no children on the toddler playground at the time of the licensing review, and at any rate, the children in the program are always supervised by at least two staff persons at all times. You also state that the toddler playground is shared with five additional programs in the building, and that the toddlers in this program “do not utilize the outdoor playground, often choosing to use the indoor large muscle space or going for walks in the neighborhood.” Reconsideration Determination. First, while you wrote that the toddlers in your program do not use the outdoor playground in question, during the exit interview, a program person indicated that the toddlers go the area according to their schedule. Next, since the playground is a shared space with other programs in the building, DHS recognizes that this program may not have control over where the specified climber and slide are left in the area after use by other programs. Nonetheless, when this program uses the playground with its toddlers, it is still responsible to make the space safe and mitigate any hazardous conditions. During the exit interview, a program person indicated that staff persons, before the toddlers begin to play, would walk around the playground and move the climber and slide to safer areas. While this may be an appropriate safety plan, its actual implementation is in doubt. According to a licensor present for the review, s/he spoke with a staff person responsible for toddlers, and was told they do not move anything on the playground and use the equipment where they remain. Citation 1 is affirmed. Citation 2. The license holder did not post a licensing action in a conspicuous place for the required two years. A fine order issued to the program on November 24, 2021, was placed in a folder affixed to a bulletin board. The fine order was not visible from the folder, and the document was also missing its first page. Applicable Law. For licensed child care centers, upon receipt of any order for fine issued by the Commissioner, and notwithstanding any pending appeal of that order, the license holder must post that order in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. Minnesota Statutes, section 245A.07, subdivision 5. Your Response. You state that the fine order was placed in a red folder conspicuously marked “MN DHS Licensing,” and the folder was affixed to a “clearly visible bulletin board in a readily accessible hallway.” You argue that the program’s manner of posting the order “actually drew more attention to the posting than if the document itself was simply posted amidst a plethora of other documents.” (Emphasis included.) Reconsideration Determination. The statute for “conspicuous” posting ensures that license holders are transparent with their current and prospective clients about any violations found and sanctions made against the program. Here, the fine order was placed in a readily accessible hallway, but it was behind a folder labeled “MN DHS Licensing.” The folder not only physically obscured the order, but its label did not make apparent that the documents within relayed adverse agency findings about the program. Moreover, the actual copy of the order in the folder was missing its first page, which contained most of the substantive details and reasoning for the sanction. Citation 2 is 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
|
