Minnesota

March 11, 2024

Melisa Marie Schultz

Primrose School of Apple Valley

15455 Embry Path

Apple Valley, MN 55124

License Number: 1079346 (Child Care Ctr)

Program Location: 15455 Embry Path, Apple Valley, MN 55124

Dear Melisa Marie Schultz:

The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 4 from the Correction Order issued to you by DHS on May 8, 2023. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review.

SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:

Citation 4. The program did not comply with first aid training requirements. Documentation was not available on site to show that a staff person (SP4) completed pediatric first aid training before unsupervised direct contact with a child.

Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 3, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete first aid trainings prior to having unsupervised direct contact with a child.

Minnesota Rule 9503.0120, subpart D, requires the license holder to maintain, at the child care center, documentation showing that each applicable staff person has completed the required pediatric CPR and first aid trainings.

Your Response. You state that SP4 completed the requisite pediatric first aid training before his/her first unsupervised direct contact with the children in the program. SP4’s date of first unsupervised direct contact is recorded as March 6, 2023. As part of your reconsideration request, you submitted certificates from the American Heart Association (“AHA”), showing that SP4 completed Basic Life Support (“BLS”) and Heartsaver First Aid courses on December 3, 2022. You also submitted a copy of an email correspondence from an AHA employee, dated May 24, 2023, confirming that the BLS and Heartsaver First Aid courses cover pediatric first aid.

Reconsideration Determination. Minnesota Rule 9503.0120, subpart D, requires the child care facility to maintain, on site, adequate documentation to show that a staff person had completed his/her pediatric CPR and first aid trainings. On March 23, 2023, the date of DHS’s licensing review, the facility did not have available on site sufficient documentation to show that SP4 had completed pediatric first aid training. And as the Correction Order specified, the issue of documentation was the basis for the citation. SP4’s AHA certificates, on their faces, do not convey that they encompass a pediatric first aid component,1 and the explanatory correspondence from AHA was not received until May 2023. In all, the evidence supports affirming Citation 4.

Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 4 is 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,

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Afsheen Foroozan, Attorney

Legal Counsel’s Office

Office of Inspector General

11 In an email sent before the March 2023 licensing review, the licensor confirmed to the facility that an AHA BLS certificate satisfies the pediatric CPR training requirement, and so that particular training is not at issue here.


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