Minnesota

March 27, 2024                      

Jacob Margarit, Authorized Agent

Lutheran Social Service of Minnesota

2485 Como Ave

St. Paul, MN 55108

License Number: 801447 (Rule 4)

CORRECTION ORDER

Dear Mr. Margarit:

On January 3-5, 2024, a Department of Human Services (DHS) licensor conducted a licensing review at your facility located at 2485 Como Ave, St. Paul, MN. As a result of this visit, DHS determined that you are in violation of two of the child-placing agencies under Minnesota Rules, parts 9545.0755 through 9545.0845 (Rule 4). As a result, DHS is issuing this order which requires you to take the correction action as described under each violation. Details of our findings are provided below. Our next steps and your options are also detailed.

LICENSING VIOLATIONS

DHS determined that your program failed to follow licensing rules and statutes, as described below.

Notice of Reinspection

1. Violation: The agency provided a conflict of interest policy and form for board members to sign verifying they will adhere to the policy. However, the policy does not address the protocol when a board member is an applicant for adoption.

Rule Violated: Minnesota Rules, part 9545.0785, subpart 4.

2. Violation: The agency provided a copy of the bond which outlined that it would cover the requirements in statute except the bond was not made in favor of the agency that will receive the records. It was made in favor of DHS.

Statute Violated: Minnesota Statutes, section 245A.04, subdivision 10(3).

Corrective action required

You must correct the violations cited above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations.

RECOMMENDATION(S)   

The following recommendation(s) are not requirements of the licensing rules and statutes that govern your services or facility. DHS has provided the recommendations below to call your attention to areas where your facility is in minimum compliance with the requirements of applicable rules or statutes. DHS recommends that you comply with the following recommendations to ensure that you continue to meet the requirements of applicable licensing rules and statutes.

Your failure to follow these recommendations will not result in a fine or action against your license at this time.  However, should your failure to follow these recommendations result in a violation of rules or laws at a future date, you will be cited for noncompliance and DHS could issue a fine or other licensing action.

Recommendation: Although the agency lists a statement that the agency complies with (1) the Indian Child Welfare Act, Public Law 95-608; (2) the Minnesota Indian Family Preservation Act, Minnesota Statutes, sections 260.751 to 260.835; (3) the heritage act, Minnesota Statutes, sections 259.29, 260C.193, subdivision 3, and 260C.212 to 260C.215; and (4) the interstate compact on the placement of children, Minnesota Statutes, section 260.851 in information on their website, it does not provide the statutes on the website. It is recommended that the statute references be added to the website information.

Rule: Minnesota Rules, parts 9545.0815, subpart G.

YOUR RIGHT TO REQUEST RECONSIDERATION

You have the right to request reconsideration of this order in writing. Your request must:

1. Specify the parts of the correction order that are alleged to be in error;

2. Explain why they are in error; and

3. Include documentation to support the allegation of error.

If you are mailing your request, it must be received by DHS within 20 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to:

Commissioner, Department of Human Services

Office of Inspector General

Legal Counsel’s Office

Attn: Licensing Legal Unit

PO Box 64953

St. Paul, MN 55164-0953

If your request is being personally delivered, it must be received by DHS within 20 calendar days from when you received this order. Please bring it to:

Commissioner, Department of Human Services

Office of Inspector General

Legal Counsel’s Office

Attn: Licensing Legal Unit

444 Lafayette Road North

St. Paul, MN 55155

Legal authority for this licensing action

· This action is taken under Minnesota Statutes, section 245A.06, subdivision 1.

· This child-placing agency must maintain compliance with the licensing statutes and rules, specifically Minnesota Rules, parts 9545.0755 through 9545.0845.

· The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 2.

Questions

If you have any further questions regarding this matter, you may contact Karol Jensen-Schneider at 651-431-3469.

Sincerely,

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Tamara Moore, Unit Supervisor

Licensing Division

Office of Inspector General


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/