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April 30, 2024 Nadifo Shidane, Authorized Agent Nurturing Bright Minds Academy Corp. 6716 Gleason Rd Edina, MN 55439-1130 License Number: 1106142 (Child Care Center) Program Location: 6716 Gleason Rd, Edina, MN 55439-1130
Dear Nadifo Shidane: On February 28, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 2, 3, 4, 6, 7, 9, and 10 in the Correction Order (Attachment A) issued to you by the Department of Human Services on February 16, 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 2: Violation: Staff distribution requirements were not maintained. Specifically, from approximately 9:45 a.m. until 12:00 p.m., one staff person was alone with eight toddler and preschool aged children. A second staff person was required to meet staff distribution requirements. Request for Reconsideration. You indicated in your reconsideration request that you have ample staff to effectively serve the children in care. Applicable Law. Under Minnesota Rules, part 9503.0040, subpart 2, the license holder must ensure that requirements for staff distribution are met and a written staff distribution record is kept in the administrative record. Reconsideration Determination. During the licensing visit, one staff person was observed to be alone with eight toddler and preschool aged children for the duration of the licensing visit. A second person was required to meet staff distribution requirements. Because distribution requirements were not maintained according to the rule, there is sufficient evidence to support the citation, and it is affirmed. Citation 3: Violation: Staff did not supervise children at all times. Specifically, it was determined through a conversation with a staff person that if the infant staff person needs to use the restroom throughout the day, the toddler staff person stands in the hallway and monitors both the infant and toddler classroom. Also, it was determined through a conversation with a staff person that if the toddler staff person needs to use the restroom throughout the day, the infant staff person stands in the hallway and monitors both the infant and toddler classroom. Additionally, it was determined through a conversation with a staff person that if the infant staff person needs to leave the classroom for personal reasons, an infant is not always within sight and there is not the ability for the staff person to intervene in the event of an emergency to protect the health and safety of the infant. Request for Reconsideration. You indicated in your reconsideration request that no children were unsupervised during the licensing visit. You also indicated that when the licensor asked about procedures or breaks in case of emergency, a staff person clarified that staff had not planned to leave children unattended and would only use the bathroom during a scheduled break when additional staff were present. Applicable Law. Under Minnesota Statutes, section 245A.02, subdivision 18, for purposes of licensed childcare center, “supervision” means when a program staff person: is accountable for the child’s care; can intervene to protect the health and safety of the child; and is within sight and hearing of the child at all times. Under Minnesota Rules, part 9503.0045, subpart 1, item A, a childcare program plan must mandate that children have supervision at all times. Reconsideration Determination. Although you indicated no children were unsupervised during the licensing visit, only two staff persons were scheduled for that day, and each was alone in a classroom. It is reasonable that the staff persons would need a break during the day that would require an absence from the classroom. When the licensor asked staff what they did when they needed to use the restroom and they were alone, both staff persons indicated the other staff person would stand in the hallway and monitor both classrooms as indicated in the citation, and that would not allow for children to be kept within sight and for staff to be able to intervene in an emergency. There is therefore sufficient evidence to support the citation, and it is affirmed. Citation 4: Violation: A minimum of 35 square feet of indoor space was not available for each child in attendance. Specifically, from approximately 9:45 a.m. to 12:00 p.m., there were eight toddler and preschool aged children using a classroom that has an overall licensed capacity for seven children. Request for Reconsideration. You indicated in your reconsideration request that you had submitted a variance request to merge toddler and preschool classrooms, and all classrooms maintain ample square footage per child. You also indicated your current staffing levels reflect challenges posed by the pandemic and that you operate at the minimum ratio requirements. Applicable Law. Under Minnesota Rules, part 9503.0155, subpart 9, the licensed capacity of the center must be limited by the amount of indoor space. A minimum of 35 square feet of indoor space must be available for each child in attendance. Hallways, stairways, closets, utility rooms, lavatories, water closets, kitchens and space occupied by cribs may not be counted as outdoor space. Twenty-five percent of the space occupied by furniture or equipment used by staff or children may not be counted as indoor space. Reconsideration Determination. On the date of the licensing visit, eight toddler and preschool aged children were using the Toddler-Green room, which was licensed for the use of seven toddlers, for the duration of the visit. All approved equipment in use in that room is based on a capacity of seven toddlers. As such, there is sufficient evidence to support the citation, and it is affirmed. Citation 6: Violation: The program did not provide the children daily access to interest areas. Children were not provided daily access to a: creative arts and crafts interest area, construction interest area, dramatic or practical life activities interest area, science interest area, music interest area, fine motor activities interest area, large muscle activities interest area and sensory stimulation activities interest area. The school age classroom is a licensed space, and the space was not set up for children as identified in the childcare program plan. Request for Reconsideration. You indicated in your reconsideration request that the program has not enrolled school-age children for the past three years and that the school-age area remains locked with items stored. Applicable Law. Under Minnesota Rules, part 9503.0045, subpart 2, a childcare program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with equipment and materials needed to carry out the specified activities. Reconsideration Determination. You did not dispute that the school age classroom was not set up for children, but you indicated no school age children were enrolled. During the previous licensing visit on March 16, 2023, the licensor indicated to you that if the school age room was not in use, the school age capacity should be removed from the facility license. The licensor subsequently requested that the program submit a change in license to remove the school age capacity from the facility license, but no change request has been received. On the day of the licensing visit, the licensor observed the school age classroom was not locked, and the school age classroom is a licensed space. As such, there is sufficient evidence to support the citation, and it is affirmed. Citation 7: Violation: The program did not comply with the requirements for naps and rest. Specifically, cribs, cots, mats and beds were not placed with clear aisles and unimpeded access for both adults and children on at least one side. One crib was not accessible on one full side. Request for Reconsideration. You indicated in your reconsideration request that during the inspection, one crib was temporarily relocated and not promptly returned to its original position near the window. You indicated the crib was relocated to accommodate the licensor’s navigation through the facility and that it was an isolated incident. Applicable Law. Under Minnesota Rules, part 9503.0050, subpart 4, naps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping child. Cribs, cots, beds, and mats must be placed so there are clear aisles and unimpeded access for both adults and children on at least one side of each piece of napping and resting equipment. Cribs, cots, beds, and mats must be placed directly on the floor and must not be stacked when in use. Reconsideration Determination. You acknowledged in your reconsideration request that one crib had been relocated and not returned to its original position, and you did not dispute that the crib was not accessible on one full side as observed by the licensor. The license holder did not observe that cribs were moved or shifted during the licensing visit. There is therefore sufficient evidence to support the citation, and it is affirmed. Citation 9: Violation: The risk reduction plan did not include specific policies and procedures to ensure adequate supervision of children at all times, with particular emphasis on supervision of school age children when using the restroom or visiting the child’s personal storage space. Request for Reconsideration. You indicated in your reconsideration request that the facility has diligently updated risk reduction procedures to ensure appropriate supervision of school-age children. You indicated you had previously corrected the violation but that you placed it “in the wrong section in the documentation.” Applicable Law. Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f), requires that the plan must include specific policies and procedures to ensure adequate supervision of children at all times with particular emphasis on specified areas, including supervision of school-age children when using the restroom and visiting the child’s personal storage space. Reconsideration Determination. You acknowledged in your reconsideration request that the documentation was misplaced at the time of the licensing visit, and documentation must be available and on site at the time of the visit. During the licensing visit, the licensor requested assistance to confirm that the Risk Reduction Plan on site was the most current and accurate, and the program verified that it was. The available document did not include specific policies and procedures to ensure adequate supervision of children at all times, with particular emphasis on supervision of school age children when using the restroom or visiting the child’s personal storage space as required. There is therefore sufficient evidence to support the citation, and it is affirmed. Citation 10: Violation: The yearly review of the risk reduction plan did not include consideration of incidents that occurred in the program since the last review, including: · the assessment factors in the plan; · internal reviews conducted; · substantiated maltreatment findings; and · incidents that caused injury or harm to a child. Request for Reconsideration. You indicated in your reconsideration request that there were no incidents from the previous year that required inclusion in the risk reduction documentation. You indicated you had previously left the last page blank and that the licensor had not previously raised concerns. Applicable Law. Under Minnesota Statutes, section 245A.66, subdivision 3, paragraph (b), the license holder must review the risk reduction plan each calendar year and document the review. When conducting the review, the license holder must consider incidents that have occurred in the center since the last review, including the assessment factors in the plan, the internal reviews conducted under this section, if any, substantiated maltreatment findings, if any, and incidents that caused injury or harm to a child, if any, that occurred since the last review. Reconsideration Determination. You did not dispute that the yearly review of the risk reduction plan did not include the required elements, and you acknowledged the last page was left blank. You had been previously cited for the same violation after a licensing visit on January 12, 2022, and the citation was affirmed on February 10, 2023, after you requested reconsideration. 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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