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April 9, 2024 Naveen Kumar Aggarwal, Authorized Agent Kiddiegarten School of Maple Grove 9495 Garland Avenue Maple Grove, MN 55311 License Number: 1082283 (Child Care Ctr) Program Location: 9495 Garland Lane N, Maple Grove, MN 55311 Report Number: 202304957 Dear Naveen Kumar Aggarwal: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 from the Correction Order issued by the DHS on September 13, 2023. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Area used by the children were not in good repair. Through interviews and conversations with staff persons, it was determined that a fence gate on the playground was not securely attached, causing it to fall on a toddler. Your Response. You provided the following information in the request for reconsideration. In spring of 2023, the facility began renovation work of its playground, and facility staff persons were instructed to not go to the playground until June 12, 2023. On June 6, 2023, after the construction work was completed for the day, the crew failed to secure a fence panel separating the “east” and “west” playground, which was temporarily removed for ease of access. On June 8, 2023, despite being instructed to not enter the playground until June 12th, a staff person took the children in his/her class to the east playground. From there, a child was able to access the loose fence panel, and the panel fell on him/her. The child was not injured from the incident. As part of the reconsideration request, you submitted: a photograph showing the loose fence panel, resting upright on an adjacent panel; a police report of the incident, in which the staff person is described as having known about the construction work and the playground being temporarily off limits; and an email chain from the program to the construction team. Per the email communications, in the morning of June 6th, the program requested the construction team to “put back” all opened fence panels, among other punch list items. Then on June 8th, the program wrote again to the team, admonishing them for failing to secure the fence panel as requested and leaving the playground “in a hazardous condition.” Applicable Law. Under Minnesota Rule 9503.0140, subpart 20, the areas used by children must be free from debris. Reconsideration Determination. Under Minnesota Rule 9503.0140, subpart 20, and Minnesota Statutes, section 245A.66, subdivision 2, licensed child care centers must prohibit the accessibility of hazardous items or conditions to children. The program’s “Outdoor Activity Area/Playground Safety” policies state that “[a] daily inspection is completed to observe for potential hazards of the entire outdoor activity area,” and that any broken equipment will be removed or not used until repaired. You do not dispute that the fence panel in question was loose and at risk of falling on children as of the evening of June 6th, and that a staff person brought the children to the playground on June 8th, while the fence situation remained unmitigated. Looking at the circumstances, it appears unlikely that the “daily inspection” required under the program’s playground policy occurred on June 8th, or the day before. While your position is that the construction team and/or the staff person may be more directly responsible for the incident, the law places the onus on the license holders to develop, monitor, and carry out policies and procedures to keep the children safe and away from hazards. See Minnesota Statutes, section 245A.04, subdivision 14. Ultimately, the license holder is responsible for the operation of the program and compliance with the licensing laws and rules. Therefore, Citation 1 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on September 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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