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March 22, 2024 Amber Malissa Pass, Authorized Agent Alphabet Junction Learning Center 3, Inc. 7840 Victoria Drive Victoria, MN 55386-9794 License Number: 1056538 (Child Care Center) Program Location: 7840 Victoria Drive, Victoria, MN 55386
Dear Amber Malissa Pass: On July 8, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 2 in the Correction Order (Attachment A) issued to you by the Department of Human Services on June 23, 2023. You did not request reconsideration of citation 1, and that citation is therefore final. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 2: Violation: The center did not submit a background study request for two staff persons before they began working in a position allowing direct contact with children receiving services from the program. Specifically, one staff person (SP9) was separated on the program’s background study roster on December 9, 2022. On the date of the licensing visit, SP9 was working in the program without a cleared background study. Also, another staff person (SP10) had a misspelling of his/her name on the program’s background study roster, and the eligible study was therefore not valid for SP10. Request for Reconsideration. You indicate in your reconsideration request that you promptly fixed the error regarding the misspelling of SP10’s name and updated the background check. You did not address the violation with regard to SP9. Applicable Law. Under Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (b) and (g), the commissioner shall conduct background studies as specified. Reconsideration Determination. You did not challenge the violation with regard to SP9. With regard to SP10, you acknowledge SP10’s name had been misspelled when the background study was submitted. You did not indicate the violation was incorrect but indicate you promptly fixed the error. Because there is sufficient evidence that background studies were not submitted for two staff persons as required, there is sufficient evidence to support the citation, and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citation and it 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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