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April 9, 2024 Maria Jean Erickson, Authorized Agent Cradle Club (The) 4530 W 77th Street, Ste 100 Edina, MN 55435 License Number: 1078360 (Child Care Ctr) Program Location: 13986 Maple Knoll Way, Maple Grove, MN 55369 Dear Maria Jean Erickson: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 9 and 10 from the Correction Order issued to you by the Department of Human Services on July 17, 2023. You did not request reconsideration of any other citations, and therefore those citations are final and not subject to review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 9. The program did not comply with cardiopulmonary resuscitation (“CPR”) training requirements. Documentation was not available on site to show that a staff person (SP5) had satisfactorily completed the required pediatric CPR training within 90 days of the start of work or within the previous two years. Citation 10. The program did not comply with first aid training requirements. Documentation was not available on site to show that SP5 had satisfactorily completed pediatric first aid training within 90 days of the start of work or within the previous two years. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivisions 3 and 4, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers of a licensed child care center must satisfactorily complete pediatric CPR and first aid trainings prior to having unsupervised direct contact with a child, but not to exceed the first 90 days od employment. Under the subdivisions, pediatric first aid training must have been provided by an individual approved as a first aid instructor, and the CPR training must be—among other specifications—developed by the American Heart Association, the American Red Cross, or another organization that uses nationally recognized, evidence-based guidelines for CPR. Minnesota Rule 9503.0120, subpart D, requires license holders to maintain, at the child care center, documentation that each applicable staff person has completed the required pediatric CPR and first aid trainings. Your Response. You ask for Citations 9 and 10 to be reconsidered, asserting that SP5 had completed the pediatric CPR and first aiding trainings within the time period required under statute. As part of your reconsideration request, you submitted a “Certificate of Completion” from “Premier Safety,” denoting that SP5 successfully completed basic CPR and first aid programs for “adult,” “child,” and “pediatric,” as required by “The Department of Family and Protective Services (DFPS)—Child Care Licensing (CCL).” The certificate is dated August 16, 2022, and signed by instructor Chris Leech. You also submitted an email correspondence from Chris Leech, dated July 27, 2023, stating that classes taught by Premier Safety “follow universal CPR guidelines.” Moreover, you explain that the terms “DFPS” and “CCL” on the certificate refer to Texas state agencies, and that the Texan requirements for these trainings closely mirror Minnesotan ones. Reconsideration Determination. This analysis applies to both Citations 9 and 10. Minnesota Rule 9503.0120, subpart D, requires the program to maintain, on site, adequate documentation to show that a staff person had completed the requisite pediatric CPR and first aid trainings. On June 23, 2023, the date of DHS’s licensing review, the program did not have available on site sufficient documentation to show that SP5 had completed the statutorily-compliant pediatric CPR and first aid trainings. While SP5’s Premier Safety certificate may be sufficient to satisfy Texan requirements, the certificate does not convey, on its face, that the training courses met the specifications set forth in Minnesota Statutes, section 245A.40, subdivisions 3 and 4. According to the licensor, program staff persons attempted to contact Chris Leech or another Premier Safety personnel on the day of the review for clarification, but was not successful. The licensor attempted to locate Premier Safety online for more information, but was also unsuccessful. Lastly, the explanatory correspondence from Chris Leech was not received until July 2023. In sum, there was no documentation on site, on the day of the licensing review, to demonstrate that SP5 had received the required trainings detailed in the citations, and so the evidence supports affirming Citations 9 and 10. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 9 and 10 are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on July 17, 2023, you were ordered to correct the violations cited, and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. 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,
So Yeon Woo-Bockman, Attorney Legal Counsel’s Office Office of Inspector General
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