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May 14, 2024 Deqo S Siraj, Authorized Agent Valley Learning Center INC 3701 W. Old Shakopee Road, Suite 400 Bloomington, MN 55431 License Number 1102479 (Child Care Center) Report Numbers 202308913, 202310832 ORDER OF LICENSE REVOCATION Dear Deqo Siraj: The Department of Human Services (DHS) is revoking your license to provide child care services at Valley Learning Center located at 3701 W. Old Shakopee Road, Suite 400, Bloomington, MN 55431. This revocation is based on the license holder knowingly withholding relevant information from or giving false or misleading information to the commissioner, and failure to comply with applicable licensing laws or rules. Details of our findings are provided below. Our next steps and your options are also detailed. The revocation goes into effect on May 24, 2024, at 11:59 p.m., ten calendar days from the date of this letter, whether you intend to appeal the license revocation explained below. REASON FOR LICENSE REVOCATION 1. False or misleading information DHS determined that you knowingly withheld relevant information from or gave false or misleading information to the commissioner regarding an individual with a disqualified background study working in your program, during an investigation, and regarding compliance with licensing rules and laws. · Valley Learning Center INC knowingly withheld relevant information from or gave false or misleading information to the commissioner when you failed to identify a managerial official whose responsibilities included the direction of the management or policies of the program. Based on information obtained during the investigation of report numbers 202308913 and 202310832, it was determined that C2 had decision-making authority related to the operation of the program and responsibility for the ongoing management of or direction of the policies, services, or employees of the program. A managerial official is a controlling individual as defined in section 245A.02, subdivision 5a. · During the investigation of report numbers 202308913 and 202310832, it was determined that C1 knowingly withheld information from or provided false or misleading information to the DHS licensor about C2’s presence at the program. Based on information obtained during the investigation, it was determined that C2 had provided direct contact services to children and helped with other operational responsibilities while onsite at the program up to and including December 29, 2023. C1 stated C2 had not been present at the program since the beginning of 2023. · Based on interviews with staff persons on January 2, 2024, the DHS licensor determined that although C2 was disqualified from working at the center, the program allowed C2 to continue to work at the center under another individual’s name and identity. Legal Authority: Minnesota Statutes, sections 245A.07, subdivision 3(a)(2) and (3); 245A.04, subdivision 1(a); 245A.04, subdivision 1(g)(3); and 245A.04, subdivision 7a(b)(2). 2. Disqualification of a controlling individual On February 16, 2023, DHS notified you that a controlling individual (C2) had a disqualification, and ordered you to immediately remove C2. On April 3, 2023, C2 requested reconsideration of the disqualification. On June 30, 2023, DHS notified you and C2 that the disqualification was not set aside and a variance was not granted. If you appeal this revocation order, the issue of whether C2 poses a risk of harm to children served by the program will be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3(a)(2). 3. Controlling individual excluded from DHS administered program C2 is a controlling individual of your program. On October 7, 2021, DHS issued an Administrative Disqualification indicating that C2 was no longer authorized to receive Child Care Assistance Program payments in the State of Minnesota. On February 14, 2023, C2 and DHS executed a settlement agreement in which C2 agreed that s/he was disqualified from the Child Care Assistance Program for a period of three years until February 14, 2026. Based on this disqualification, C2 is prohibited from being a controlling individual or a license holder during this period of exclusion. Legal Authority: Minnesota Statutes, sections 245.095, subdivision 1; and 245A.07, subdivision 3(a)(4). 4. Failure to comply with licensing laws and rules DHS determined that your program failed to fully comply with the laws and rules that apply to licensed child care centers. DHS has also considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Nature and Severity: Several of the violations that led to the revocation of your license relate to the health and safety of children served by your program. In addition, six of the twenty-five violations are repeat violations for which you were previously cited. Valley Learning Center has: • Knowingly withheld information from or provided false or misleading information to DHS • Failed to remove a disqualified individual from the program • Failed to comply with staff-to-child ratios and staff distribution requirements • Failed to comply with supervision requirements • Failed to ensure hazardous items are inaccessible to children • Failed to comply with medication storage requirements • Failed to comply with staff training requirements, including pediatric cardiopulmonary resuscitation (CPR), pediatric first aid, orientation, and in-service • Failed to comply with personnel file requirements Chronicity: Your program received its license on April 17, 2020. You temporarily closed your program and were not serving children from December 1, 2021, to April 17, 2022, and January 23, 2024, to March 11, 2024. In the short time your program has operated, you have demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history:) o May 14, 204 Revocation (this order): 25 violations (6 repeat) o March 1, 2023 Correction Order 6 violations, 4 repeat o December 15, 2022 Correction Order 23 violations o December 8, 2021 Correction Order 1 violation 5. 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 and considered the nature, chronicity, and severity of the violations and the effect the violations have on the health, safety, or rights of children served by the program. DHS has determined that you knowingly withheld information from or provided false or misleading information to the commissioner regarding an individual with a disqualified background study working in your program, during an investigation, and regarding compliance with applicable laws or rules. When the department cannot trust the license holder to provide true and accurate information, the department cannot rely on information provided by the license holder to ensure the health, safety or rights of children served by the program are protected. Several additional violations were found during the course of the licensing investigation that also impact the health, safety, or rights of children served by your program. DHS has determined that revocation of your license is appropriate based on the serious and chronic nature of the violations as identified in this order. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6; and section 245A.07, subdivision 1 (a). LICENSING VIOLATIONS DETERMINED ON OCTOBER 30, 2023, and JANUARY 2, 2024 DHS determined that your program failed to follow licensing rules and statutes, as described below. Background Studies 1. As a result of a licensing complaint, a DHS licensor determined that you failed to remove a disqualified individual from direct contact with people served by your program after receiving notice of your obligation to do so from DHS. Through investigation of report numbers 202308913 and 202310832, a DHS licensor determined that you failed to remove a disqualified individual (C2) from working in any position in your childcare center after receiving notice to do so from DHS. C2 was hired September 8, 2022. The program initiated a background study request on September 8, 2022. On February 16, 2023, you were notified that C2 was disqualified from working in any position in a licensed or certified childcare center and from any position with direct contact, or access to people that receive services from Valley Learning Center. It was determined through staff interviews that C2 has worked at the center, including in positions with direct contact and access to children, since February 16, 2023. Statute Violated: Minnesota Statutes, section 245C.18. Staff Qualifications and Trainings 2. Violation: On October 30, 2023, the program did not have documentation on site to show that 1 of 1 (SP1) staff persons met the: · education requirements of the teacher job classification for which the staff person was employed (SP1); and · experience requirements of the teacher job classification for which the staff person was employed (SP1). Citation: Minnesota Rules, part 9503.0032, subpart 2; and part 9503.0120, item B Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 14, 2022 3. Violation: On October 30, 2023, the program did not have documentation on site to show that 1 of 1 (SP3) staff persons met the education requirements of the assistant teacher job classification for which the staff person was employed (SP3). Citation: Minnesota Rules, part 9503.0033, subpart 2; and part 9503.0120, item B 4. Violation: On October 30, 2023, the program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 2 of 3 (SP1 and SP2) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment: · within 90 days of the start of work or within the previous two years (SP1 and SP2); and · before unsupervised contact with a child (SP1 and SP2). Citation: Minnesota Statutes, section 245A.40, subdivision 4 and Minnesota Rules, part 9503.0120, subpart D 5. Violation: On October 30, 2023, the program did not comply with first aid training requirements. Documentation was not available on site to show that 2 of 3 (SP1 and SP2) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: · within 90 days of the start of work or within the previous two years (SP1 and SP2); and · before unsupervised direct contact with a child (SP1 and SP2). Citation: Minnesota Statutes, section 245A.40, subdivision 3 and Minnesota Rules, part 9503.0120, subpart D 6. Violation: On January 2, 2024, documentation was not available on site to verify that before starting assigned duties 3 of 3 (SP1, SP4 and SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · the risk of abusive head trauma that was at least one half hour in length as required under subdivision 5a (SP1 and SP5); · allergy prevention and response as required by Minnesota Statutes, 245A.41, subdivision 1 (SP1 and SP5); · behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP1 and SP5); · the child care program plan and center's philosophy (SP1, SP4 and SP5); · emergency preparedness as required by Minnesota Statutes, 245A.41, subdivision 3. (SP1 and SP5); · handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP1 and SP5); · handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP1, SP4 and SP5); · procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP1 and SP5); · a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3 (SP1 and SP5); · specific job responsibilities (SP1 and SP5); · program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP1, SP4 and SP5); · reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP1 and SP5); · program's risk reduction plan as required under section 245A.66, subdivision 2 (SP1 and SP5); and · sudden unexpected infant death that was at least one half hour in length as required in subdivision 5 (SP1 and SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 1; and section 245A.04, subdivision 14, paragraph (b), clause (1) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 14, 2022 7. Violation: On January 2, 2024, the required in-service training had not been completed for 4 of 4 (SP1, SP3, SP5 and C2) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year, 2023. In-service training did not include: · the required number of in-service training hours for the previous concluded calendar year (SP1, SP3, SP5 and C2); · training on abusive head trauma that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5a (SP3, SP5 and C2); · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP3, SP5 and C2); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP3, SP5 and C2); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP3, SP5 and C2); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP3, SP5 and C2); · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP3, SP5 and C2); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP3, SP5 and C2); · training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP3, SP5 and C2); and · training on sudden unexpected infant death that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5 (SP3, SP5 and C2). Citation: Minnesota Statutes, section 245A.40, subdivision 7 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 14, 2022 Supervision 8. Violation: Staff did not supervise the children at all times. Based on interviews with staff persons it was determined that on January 2, 2024, children were frequently left unsupervised. · A teacher was alone with toddlers and preschoolers in the toddler classroom. The staff person took a preschooler to the bathroom outside of the classroom, leaving the other children unsupervised in the toddler classroom. The teacher also sent a preschooler to the bathroom by themselves, allowing the child to be alone in the bathroom outside of the classroom, unsupervised. · Staff persons left children unsupervised in the classroom when the staff person went to open the door for parents at pick up and drop off times. (Toddler classroom) · A child was left alone in the classroom on December 29, 2023, for approximately one minute when the staff person went to the toddler classroom to grab the child’s coat. (Infant Classroom) Citation: Minnesota Statutes, section 245A.02, subdivision 18 and Minnesota Rules, part 9503.0045, subpart 1, item A Program Practices 9. Violation: The 36-month range in age allowed for a group that mixes different age categories was exceeded. On January 2, 2024, at approximately 11:00 a.m., the DHS licensor observed preschoolers and toddlers combined. The youngest child in attendance was 17 months old and the oldest child was 4.5 years old. This exceeded the 36-month age range allowed. (Toddler classroom) Citation: Minnesota Rules, part 9503.0040, subpart 3, item B, (2) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 14, 2022 10. Violation: On January 2, 2024, the required staff-to-child ratios were not maintained. It was determined through interviews with staff persons that the program did not maintain the required staff-to-child ratios. On more than one occasion, a staff person worked alone with eight or nine toddlers and preschoolers. A second staff person was required. (Toddler classroom) Citation: Minnesota Rules, part 9503.0040, subpart 1 11. Violation: Staff distribution requirements were not maintained. The DHS licensor observed that a teacher or assistant teacher did not directly supervise an aide. · On October 30, 2023, an aide qualified staff person was supervising children alone. A teacher qualified staff person was required to meet staff distribution requirements. (Infant classroom) · On October 30, 2023, an aide qualified staff person was supervising children alone. A teacher qualified staff person was required to meet staff distribution requirements. (Preschool 1 classroom) Citation: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D Infant Care 12. Violation: Each infant’s bottle was not labeled with the child’s first and last name. On January 2, 2024, the DHS licensor observed a toddler drinking from an infant’s bottle. The bottle was not labeled with a first or last name. (Toddler classroom) Citation: Minnesota Rules, part 9503.0145, subpart 7, item D Physical Environment 13. Violation: On January 2, 2024, areas used by the children were not in good repair. The base boards, accessible to children, were peeling away from the wall, exposing peeling rust. (School Age 1 and School Age 2 classrooms) Citation: Minnesota Rules, part 9503.0140, subpart 20 14. Violation: On January 2, 2024, electrical outlets were not tamper-proof or shielded. · There was one electrical outlet not shielded. (Infant classroom) · There was one electrical outlet not shielded. (School Age 1 classroom)
Citation: Minnesota Rules, part 9503.0155, subpart 11 15. Violation: On January 2, 2024, the center lacked the following furnishings, equipment, materials, or supplies: · 18 large building blocks (Toddler classroom) · 1 double easel (Toddler classroom)
Citation: Minnesota Rules, part 9503.0060 Hazards 16. Violation: The DHS licensor observed that hazardous objects were accessible to children. On October 30, 2023, and January 2, 2024, the DHS licensor observed sharp screws, accessible to children, protruding from the surfaces of multiple toy shelves. (School Age 1, School Age 2, and Preschool classrooms) Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 17. Violation: Hot or hazardous surfaces were not shielded or insulated. On January 2, 2024, the DHS licensor observed a bottle warmer being stored on a low refrigerator, accessible to children. (Infant classroom) Citation: Minnesota Rules, part 9503.0155, subpart 10 Health and Safety 18. Violation: On January 2, 2024, the program did not comply with annual fire extinguisher inspection requirements. The fire extinguisher was last inspected in November 2022. Annual or annually means prior to or within the same month of the subsequent calendar year. Citation: Minnesota Rules, part 9503.0155, subpart 16 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated December 14, 2022 19. Violation: On January 2, 2024, food allergy information was not readily available to staff where food is: · Prepared; and · Served Food allergy information was not available in the kitchen and classrooms for a child with food allergies. Citation: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d) 20. Violation: Meals did not comply with the nutritional requirements of the USDA. On January 2, 2024, the DHS licensor observed that all of the children in the Toddler classroom were served 1% milk at lunch. There was at least one child under two years of age in the classroom. Children under two years of age must be provided whole milk to meet the USDA requirements. (Toddler classroom) Citation: Minnesota Rules, part 9503.0145, subpart 4 Repeat Violation: The license holder was cited for a similar violation in the following orders: o A Correction Order dated December 14, 2022 o A Correction Order dated March 1, 2023 21. Violation: On January 2, 2024, water bottles were used to provide drinking water to children and the program did not follow the policy. Water bottles were not labeled with children's first and last names. (Large Motor Room) Citation: Minnesota Statutes, section 245A.14, subdivision 17 22. Violation: On January 2, 2024, products to control diaper rash were not labeled with the child's first and last name. Diaper wipes and diaper creams stored in the children’s bathroom were not labeled with a child’s first and last name. (Toddler classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item D 23. Violation: On January 2, 2024, the program did not comply with medication storage requirements. A diaper rash product was accessible to children. · Diaper wipes and diaper creams were stored in the children’s bathroom on the floor, accessible to children. (Toddler classroom) · Diaper wipes and diaper creams were stored on a low shelf in the Infant classroom, accessible to children. (Infant classroom) Citation: Minnesota Rules, part 9503.0140, subpart 7, item E Equipment and Supplies 24. Violation: Equipment and furniture were not in good repair. · On October 30, 2023, there was a broken padlock, accessible to children, on a shelf. (School Age 2 classroom) · On January 2, 2024, there was a broken highchair tray accessible to children. (Infant classroom) Citation: Minnesota Rules, part 9503.0140, subpart 19 25. Violation: On January 2, 2024, a rug or rugs: · did not have a nonskid backing (Preschool 1 classroom); · were not firmly fastened to the floor (Preschool 1 classroom); and · were curled or had frayed edges (Preschool 1 classroom). Citation: Minnesota Rules, part 9503.0140, subpart 20 YOUR RIGHT TO APPEAL You have the right to appeal the revocation. If you choose to appeal the revocation, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. 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 and the controlling individuals a license for five years. In addition, any additional licenses held by you or the controlling individuals 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: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of children served by your program could result in the immediate suspension of your license. 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. 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. · The timeline to appeal a revocation order is provided in Minnesota Statutes, section 245A.07, subdivision 3(b). · “Controlling individual” is defined under Minnesota Statutes, section 245A.02, subdivision 5a. · 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 denial shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · 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 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 and Minnesota Rules, parts 1400.8505 to 1400.8612. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · If a license holder files a timely appeal of a revocation order, the license holder may continue to operate the program pending a final order of the appeal under Minnesota Statutes, section 245A.07, subdivision 1(b). · 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. Questions If you have any further questions regarding this matter, you may contact Donna Gainor, Unit Supervisor, at 651-4316030, extension 4008. Sincerely,
Peggy Cunningham, Unit Manger Licensing Division Office of Inspector General
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