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April 3, 2024 CERTIFIED MAIL Christina Morland 616 Main Street West Concord, MN 55985-8811 License Number 1083093 FCC ORDER OF LICENSE REVOCATION Dear Ms. Morland: Based on the recommendation of Minnesota Prairie County Alliance (MN Prairie), the Department of Human Services (DHS) is revoking your license to provide family child care at 616 Main Street, West Concord, MN. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you used corporal punishment to discipline a child in your care, because you are responsible for maltreatment, and because you are disqualified. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Determination that the license holder is responsible for maltreatment October 23, 2023, Maltreatment Determination On October 23, 2023, MN Prairie determined that you were responsible for maltreatment of a minor by physical abuse. Specifically, MN Prairie determined that you aggressively grabbed a child by the arm holding the child off the ground for a period of time to move the child. You requested reconsideration and MN Prairie determined that the maltreatment determination was correct. You were notified of your right to appeal this determination through a fair hearing. Because you did not make a timely request for a fair hearing, the agency’s maltreatment determination is final. If you appeal this revocation order, as explained below, the underlying maltreatment determination will not be reviewed as a part of the contested case hearing. License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DHS is not imposing this fine. If the revocation is rescinded, DHS may impose the fine at that time. 3. Disqualification of the license holder. On December 7, 2023, DHS notified you that you were disqualified, and of the right to request reconsideration. the disqualification was for serious and recurring maltreatment. You did not make a timely request for reconsideration, so the correctness of the disqualification is final and will not be reviewed as part of the contested case hearing if you appeal this revocation order, as described below. In addition, the issue of whether you pose a risk of harm to children served by the program will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (2) and Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d) (1). 4. Failure to comply with licensing laws and rules MN Prairie determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations Violation History The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your MN Prairie licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. On September 22, and September 25, 2023, MN Prairie conducted a licensing investigation at your licensed program. As a result of the investigation, on January 29, 2024, you were issued a correction order for the following licensing violations: · You failed to use appropriate behavior guidance with a child in care when you aggressively grabbed a child by the arm holding the child off the ground for a period of time to move the child. · You failed to submit background studies for individuals providing care in your program as required. · You failed to provide documentation of a physical examination for a caregiver as required. · You failed to ensure that two caregivers were trained in first aid as required. · You failed to ensure that a caregiver was trained in cardiopulmonary resuscitation as required. · You failed to ensure that four caregivers had the required sudden unexpected infant death (SUID) and abusive head trauma (AHT) training prior to caring for children. · You failed to provide documentation of child passenger restraint training for an individual as required. · You failed to provide documentation of the Basics of License Family Child Care training for two caregivers as required. September 25, 2019, Conditional License, which cited you for failure to provide required supervision when a child was left unattended in your driveway. As a result, Mn Prairie made a determination that you were responsible for maltreatment. August 1, 2019, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. Severity of violations Because you are responsible for maltreatment of a child, because you are disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and due to the serious and chronic nature of the licensing violations and the conditions in the program, which impact the health and safety of children served in your care, your license to provide family child care services is revoked. Closure of license You notified MN Prairie of your request to close your license to provide family child care services. As a result, on September 25, 2023, your license to provide family child care was closed. Please note that failure to reapply or closure of a license by the license holder before an investigation is complete does not preclude DHS from issuing a licensing action at the conclusion of the investigation. Legal Authority: Minnesota Statutes, section 245A.07, subd. 1, paragraph (d). YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: 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 10 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 Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. 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.lawhelpmn.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. Operating the program pending the outcome of the appeal: As described above, your family child care license was closed at your request. If you file an appeal within the timeframes described above, you may not operate a family child care program pending the outcome of your appeal because your license has been closed. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this revocation order could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s). If you have questions about: · Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice. · Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP. Prohibition against providing legally unlicensed child care On August 1, 2019, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Posting of this Licensing Action You are required to place this Order of License Revocation 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 3, which describes under which conditions DHS may revoke a license. · When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (f). · When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a). · Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination. · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4) states that license holders shall pay a $1000 fine for each determination of maltreatment under section 260E. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4)(iv) states that license holders shall pay a $200 for each background study violation. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation that has not been reversed on appeal may not operate as a legally unlicensed child care provider. Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor at 651-431-6565. Sincerely,
Alyssa Dotson, Deputy Inspector General Licensing Division Office of Inspector General cc: Cheryl Moret, Minnesota Prairie County Alliance
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