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May 2, 2024 Sarah Sekimoto, Authorized Agent Paidea Child Development Center 949 Geneva Avenue N Saint Paul, MN 55128-7409 License Number: 830354 (Child Care Center) Program Location: 949 Geneva Avenue N, Oakdale, MN 55128-7409
Dear Sarah Sekimoto: On April 1, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 4 and 6 in the Correction Order (Attachment A) issued to you by the Department of Human Services on March 7, 2024. You did not request reconsideration of the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 4: Violation: Documentation was not available on site to verity that before starting assigned duties, 2 of 4 (SP2 and SP10) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · Allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP10); · Behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP10): · A child’s individual care program plan as required under Minnesota Rules, part 9503.0065, subpart 3 (SP2); and · Specific job responsibilities (SP10). Request for Reconsideration. You indicate in your request for reconsideration that there was an inaccurate date of first contact with children on two forms in SP2’s file. You indicate SP2 completed all training before working with children and that you have now corrected the documentation error. You also indicate that in the future, you will ensure training is completed before working with children and that dates are carefully documented on the orientation training record. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 1, the childcare center license holder must ensure that the director, staff persons, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties. Subdivision 10 requires all training to be documented and maintained on site in each personnel record. Under Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b), clause (1), the license holder shall provide training to program staff related to their duties in implementing the program’s policies and procedures developed under paragraph (a) of the same subdivision. Reconsideration Determination. You acknowledged in your reconsideration request that, at the time of the licensing review, documentation showed dates of training completion after the date of first contact. Because documentation was not available on site to verify that staff persons received required training before beginning assigned duties, there is sufficient evidence to support the citation, and it is affirmed. Citation 6: Violation: The license holder did not have a written emergency plan that included accommodations for infants and toddlers. Request for Reconsideration. You indicated in your reconsideration request that the addendum was completed and was placed in the parent handbook. You indicated that although the form was not in the licensing binder, the updated form was located and shown to the licensor at the time of the licensing visit. You provided the form with your reconsideration request. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 3, a licensed childcare center must have a written emergency plan for emergencies that requires evacuation, sheltering, or other protection of a child, such as fire, natural disaster, intruder or other threatening situation that may pose a health or safety hazard to a child. The plan must be written on a form developed by the commissioner and must include required elements as listed in the statute, which include accommodations for infants and toddlers. The statute also indicates the emergency plan must be included in the program’s policies and procedures as specified under section 245A.04, subdivision 14, which requires that program policies and procedures be readily accessible to staff. Reconsideration Determination. The infant/toddler addendum is required by statute to be in the emergency preparedness plan, and the addendum was not located in the licensing binder, which is used for training staff. Although the violation was corrected during the licensing visit after the addendum was located in the parent handbook in another location, it did occur. As a result, 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 citations, and they are 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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