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April 12, 2024 Tammi Balder, Authorized Agent TeddyBear Treehouse Learning Center 701 1st Avenue NE Suite 1 Buffalo, MN 55313-1735 License Number: 1065642 (Child Care Center) Program Location: 701 1st Avenue, Suite 1, Buffalo, MN 55313-1735
Dear Tammi Balder: On December 30, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citation 1 in the Correction Order (Attachment A) issued to you by the Department of Human Services on December 15, 2023. You did not request reconsideration of citation 2, and that citation is therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: A DHS licensor observed that hazardous objects were accessible to children. Specifically, a staff purse was stored on a sensory table in the preschool classroom. Request for Reconsideration. You indicate in your reconsideration request that staff informed you the personal item placed on the sensory table was actually an empty lunch tote. You indicate the licensor arrived at the preschool at approximately 12:15 p.m. when staff had just finished lunch. You also indicate that all staff purses and hazardous items are stored in the office and out of reach of children at all times, and the empty lunch tote did not pose a threat to children. Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 17, sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must stored out of reach of children. Under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) child care centers must develop a risk reduction plan, and the plan shall prohibit the accessibility of hazardous items to children. Reconsideration Determination. A photograph in the file taken at the time of the licensing visit shows a black handbag with a handle and a zippered compartment on a table in a classroom. Although you indicate the handbag was used as a lunch tote rather than a purse, you do not dispute that it was stored on a sensory table within reach of children. During the exit interview, the licensor explained that the item located on the sensory table was considered a hazard accessible to children. 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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