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April 9, 2024 Megan Sohns, Regional Director Jessica Lynn Johnsen, Authorized Agent Yellow Brick Road Early Childhood Development Center 3200 Harbor LN N Plymouth, MN 55447 License Number: 1042765 (Child Care Ctr) Program Location: 3200 Harbor Lane N, Plymouth, MN 55447 Report Number: 202304810 Dear Megan Sohns and Jessica Lynn Johnsen: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 8 from the Correction Order issued to you by DHS on July 13, 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 8. The program did not follow all general requirements of behavior guidance. The program did not ensure that each child is provided with a positive model of acceptable behavior. Specifically, through documentation provided by the program, it was determined that a staff person (SP1) was playing a game with the children by bouncing a soft, rubber ball off the children’s heads. This does not provide a positive model of acceptable behavior. Applicable Law. Under Minnesota Rule 9503.0055, subpart 1, a license holder must see that the program’s policies and procedures for behavior guidance are carried out. The policies and procedures for behavior guidance must, among other requirements, ensure that each child is provided with a positive model of acceptable behavior. Your Response. You assert that the game at issue did not model negative or harmful behavior, and that the children enjoyed the game. You also state that SP1 is known to have secure relationships with the children s/he serves, and would not subject the children to behaviors considered negative or harmful. Reconsideration Determination. You do not dispute that SP1 engaged in play with preschoolers that involved him/her bouncing balls off the children’s heads and/or bodies. DHS reasonably determined that such style of play does not model acceptable behavior to children, as it may encourage them to throw balls at each other’s bodies and otherwise engage in rough play. The program’s own internal review concluded that, while SP1 did not intend harm with this style of play and the children had fun during the activity, the incident still warranted a warning to SP1 in the form of a “coaching conversation,” to ensure “appropriate play” in the facility. As for the program’s role in the incident, while the Commissioner recognizes that the program took disciplinary action upon discovery, the law requires the child care center license holders to develop, monitor, and enforce a policy that requires its employees to model acceptable behavior to the children served. Ultimately, the license holder is responsible for the operation of the program and compliance with the licensing laws and rules. Citation 8 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 8 is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on July 13, 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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