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January 8, 2024 CERTIFIED MAIL Sheltonn Johnson, Authorized Agent Thrive Youth Services 4033 Hollyhock Cir N Brooklyn Park, MN 55443 License Number 1093608 (HCBS) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Sheltonn Johnson: The Department of Human Services (DHS) is ordering you to pay a fine of $200 for two background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirements: Background Study Violation Determined on January 17, 2024: 1. As a result of a licensing review a DHS licensor determined that the license holder did not initiate a background study for one staff person (SP1) before they began positions allowing direct contact with persons served by the program. SP1 began working in a position allowing direct contact with persons served by the program on September 19, 2022; however, the license holder did not initiate a background study to DHS until December 12, 2023. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provision of paragraph (d) to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Because the license holder self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. Statute Violated: Minnesota Statutes, sections 245C.04, subdivision 1, paragraph (g) and 245A.07, subdivision 3, paragraph (d). Fine: $0 Corrective Action Required: On an ongoing basis, you must comply with the background study requirements in Minnesota Statutes, section 245C. 2. As a result of a licensing review, a DHS licensor determined that, after the license holder was was ordered to immediately remove a disqualified staff person (SP2) from a position of direct contact, the license holder allowed SP2 to continue to provide direct contact services to persons served by the program. On July 5, 2023, DHS instructed the license holder to immediately remove SP2 form any position allowing direct contact with, or access to, persons receiving services. During the licensing review on January 17, 2024, the DHS licensor determined that the license holder allowed SP2 to continue to provide direct contact services on and after notification from DHS to immediately remove SP2. The failure to comply with an order from the Commissioner to immediately remove a disqualified individual form a position of direct contact is a violation of background study requirements. Statute Violated: Minnesota Statutes, section 245C.18 Fine: $200 for one background study violation Corrective Action Required: SP2 must be immediately removed from any position of direct contact. Immediately and on an ongoing basis, you must comply with the background study requirements in Minnesota Statutes, section 245C. Within 10 days form receipt of this order, submit a written documentation to your licensor detailing how compliance has been achieved and how compliance will be maintained in the future. Billing and Payment of the Fine DHS will send you an invoice for the $200 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. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. 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. Your Right to Appeal You have the right to 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. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive 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 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: 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. 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. Legal Authority for this Licensing Action · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(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)(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. · 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. Questions If you have any further questions regarding this matter, you may contact Christala Culhane, HCBS Unit Supervisor, Supervisor, at 651-431-6541. Sincerely,
Jill Slaikeu, Unit Manager Licensing Division Office of Inspector General
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