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April 3, 2024 Samantha Perala, Authorized Agent Stay and Play Child Care, LLC 114 N State Street New Ulm, MN 56073 License Number 1100426-Child Care Center Report Number 202309622 DETERMINATION OF MALTREATMENT AND ORDER TO PAY A FINE Dear Samantha Perala: The Department of Human Services (DHS) determined that Stay and Play Child Care, LLC, located at 114 N State Street, New Ulm, MN is responsible for maltreatment by neglect and providing false or misleading information to the commissioner during the investigation. Based on this determination, DHS is ordering you to pay a fine of $1200. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202309622. Our next steps and your options are also detailed. I. Determination of Maltreatment It was reported that an alleged victim (AV) left the facility without staff person’s (SP1 and SP2) knowledge or supervision and was gone approximately two minutes. The AV was found by a community person (CP) and returned to the facility unharmed. Based on the maltreatment investigation, DHS determined that Stay and Play Child care, LLC, was responsible for the neglect of an alleged victim. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2, paragraph (a). Fine: $1,000 Citations Related to the Maltreatment Determination 1. Citation: Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. Violation: Children were not supervised at all times. On an unknown date, a child left the facility for approximately two minutes without the knowledge or supervision of staff persons. The child walked through shrubs and onto a patio at a building next door approximately ten feet away from the facility. A community person saw the child and returned the child to the facility. ‘Supervision’ occurs when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child. 2. Citation: Minnesota Rules, part 9503.0040, subpart 1. Violation: Ratios were not maintained at all times. On an unknown date, there were 13 children in the toddler classroom. A supervisory staff person, who was working in the classroom, left the classroom out of ratio on more than one occasion when s/he left the classroom to other parts of the building and/or went into his/her office to work, leaving a single staff person to supervise the 13 children. The minimum staff to child ratio for the toddler age category is one staff person to seven children. Corrective Action Ordered: Correct immediately and submit your response through the Provider Hub within 30 days from the date of this letter detailing how compliance has been achieved. You must maintain compliance going forward. II. Providing False or Misleading information Based on the maltreatment investigation, DHS determined that a supervisory staff person provided false or misleading information. The supervisory staff person initially stated that s/he did not know who was working in the classroom at the time of the incident and that s/he worked in his/her office when the incident occurred. After obtaining additional information, it was learned and later confirmed by the supervisory staff person that the supervisory staff person was in fact working in the classroom at the time of the incident. Legal Authority: Minnesota Statutes, sections 245A.07, subdivision 3, paragraph (a), clause (3) Fine: $200 III. Order to Pay a Fine Because DHS determined that Stay and Play Child Care, LLC, is responsible for maltreatment and providing false or misleading information, you must pay a $1200 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). Billing and Payment of the Fine DHS will send you an invoice for the $1200 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. IV. YOUR RIGHT TO APPEAL You have the right to appeal this order. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. 1. Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. Your request for an appeal must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. You must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request for reconsideration must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. A response to your reconsideration request will be sent within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not sent within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Posting of this licensing action You are required to place this Maltreatment Determination and Order to Pay a Fine in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a child under section 260E for which the license holder is determined responsible. · DHS may impose a fine for knowingly withholding relevant information from or giving false or misleading information during an investigation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), clause (3). · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33, subdivision 2, paragraph (a) and (b). · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. Questions If you have any further questions regarding this matter, you may contact Melanie Daniel, Supervisor, at 651-431-6559. Sincerely,
Maggie Hanson, Intake & Investigations Unit Manager Office of Inspector General Licensing Division Enclosure
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