|
March 19, 2024 Amy Loetz, Authorized Agent Seeds of Faith Preschool, a Ministry of St. Luke’s 7000 Hinton Avenue South Cottage Grove, MN 55016 License Number: 1013264 (Child Care Ctr) Program Location: 7000 Hinton Avenue South, Cottage Grove, MN 55016 Dear Amy Loetz: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 2 and 5 from the Correction Order issued by the DHS on March 15, 2023. You did not request reconsideration of any other citations, therefore, those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 2. The program did not have a menu available on site. Your Response. You state that the applicable licensing rule does not specify that menus must be posted, and that there is a dry-erase board at the center on which the menu is written. Applicable Law. When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture (USDA), Food and Nutrition Service, Code of Federal Regulations title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 2. Reconsideration Determination. The rule specifically states when food is provided by the center, menus must comply with USDA requirements. The program provides snacks to children, and as such, is required to have a menu. In order to review for compliance with this rule, the menu must be made available to the DHS licensor. While you stated there is a dry erase board at the facility on which food items are listed for families to view, at the time of the March 15, 2023 visit, the DHS licensor observed that no food items were listed on the dry erase board. The authorized agent was present with the licensor at this time, and noted “it’s not there.” No other menu was provided to the DHS licensor during the licensing visit. As such, at the time of the licensing visit, there was no menu available for the DHS licensor to review for compliance with the USDA nutritional requirements. This citation is affirmed. Citation 5. The program’s risk reduction plan did not include specific policies and procedures to ensure adequate supervision of children at all times, with particular emphasis on: times when children are transitioned from one area within the facility to another; child drop-off and pick-up times; supervision during outdoor play and on community activities; and supervision of children in hallways. Your Response. You state that above-noted details were included in a previously-filed risk reduction plan (“RRP”), which you submitted as part of the reconsideration request. Applicable Law. Licensed child care centers must develop a risk reduction plan, and that plan must include specific policies and procedures to ensure adequate supervision of children at all times as defined under section 245A.02, subdivision 18, with particular emphasis on: (1) times when children are transitioned from one area within the facility to another; (2) nap-time supervision; (3) child drop-off and pick-up times; (4) supervision during outdoor play and on community activities; (5) supervision of children in hallways; and (6) supervision of school-age children when using the restroom and visiting the child’s personal storage space. Minnesota Statutes, section 245A.66, subdivision 2, paragraphs (a), (f). Reconsideration Determination. After reviewing the RRP you submitted substantively for its compliance with the requirements of section 245A.66, subdivision 2(f), with attention to sections highlighted by you, the Commissioner still upholds the citation. The statute requires child care center license holders to document with specificity the policies and procedures that the facility and its staff persons will implement to ensure adequate supervision of children in various circumstances (e.g., nap time, outdoor play and community activities, in hallways). It is important for license holders to record those policies and procedures with clarity and specificity, because, under section 245A.40, subdivisions 1 and 7, a facility’s RRP must be made available to its staff persons for required training purposes. This facility’s RRP states in general terms that the children will always be supervised under various circumstances (e.g., “children will transition from one area to another only with staff supervision,” “children are always within sight of staff within hallways, outdoor play, and field trips”), but it is scant on the specific procedures and methods that the staff persons will utilize to achieve those goals for supervision. In all, the relevant sections of the facility’s RRP, as they were presented here, do not satisfy the requirements of section 245A.66, subdivision 2(f). Therefore, Citation 5 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 2 and 5 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,
So Yeon Woo-Bockman, Attorney Legal Counsel’s Office Office of Inspector General
|
