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April 30, 2024 Anthony Riccardi, Authorized Agent Peace of Mind Early Education Center 12325 Highway 55 Plymouth, MN 55441-4750 License Number: 1113957 (Child Care Center) Program Location: 9025 Tamarack Rd., Woodbury, MN 55125-9225
Dear Anthony Riccardi: On March 4, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 1, 4, 12 and 19 in the Correction Order (Attachment A) issued to you by the Department of Human Services on February 13, 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 1: Violation: Staff did not supervise children at all times. At approximately 10:01 a.m. the DHS licensor observed an unsupervised child come into the Blue Fish classroom from the Red Fish classroom. Request for Reconsideration. You indicate in your reconsideration request that the child was with his/her grandparent, who was dropping off the child’s sibling to another classroom. You indicate the child was not unsupervised by any facility staff persons because the child was not yet in the care of staff persons. Applicable Law. Under Statutes, section 245A.02, subdivision 18, for purposes of licensed child care 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 child care program plan must mandate that children have supervision at all times. Reconsideration Determination. Information provided by the licensor indicates the licensor was standing facing the main door of the classroom where the child entered, and the classroom teacher was sitting with his/her back to the door. The child ran into the classroom alone, spoke with the teacher, and then left the classroom alone. The licensor did not observe any other adult with the child or any adult standing outside the classroom in the hallway. Also, the staff person did not turn toward the door or confirm the child was with an adult when the child left the classroom. Because the child went back into the hallway without supervision after interacting with the staff person, there is sufficient evidence to support the citation, and it is affirmed. Citation 4: Violation: Medication did not have a legible label with the child’s first and last name. A child’s medicine bottle was not labeled with the child’s first and last name in the PreK-1 classroom. Request for Reconsideration. You indicate in your reconsideration request that the medication was in an unopened box that was labeled with the child’s first and last name, and the medication was stored in a zip lock bag labeled with the child’s first and last name.
Applicable Law. Minnesota Rules, part 9503.0140, subpart 7, item C, requires that all medicine must be kept in its original container and have a legible label stating the child’s name. Reconsideration Determination. Information provided by the licensor indicates the box of medication was opened, and neither the bottle of medication nor the bag that contained the medication were labeled with the child’s name. Although licensor notes show the violation was corrected onsite, the original container of medication did not have a legible label stating the child’s name prior to the correction. There is therefore sufficient evidence to support the citation, and it is affirmed. Citation 12: Violation: A minimum of 35 square feet of indoor space was not available for each child in attendance. At 9:59 a.m., there were 19 children in the Red Fish main classroom. The main classroom has a maximum capacity for 15 children. Request for Reconsideration. You indicate in your reconsideration request that the back area of the Red Fish and Blue Fish classrooms was not measured or added onto the licensing floor plan as it originally was when the facility moved to its current location. You indicate you have requested the space to be measured and added on the licensing floor, and the space will then exceed the required 35 square feet of indoor space. 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. After further review, it was determined the citation should be rescinded. As a result, it is appropriate to rescind the citation. Citation 19: Violation: The required in-service training had not been completed for 1 of 6 (SP13) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include the required number of in-service hours for the previous concluded calendar year (SP13). Request for Reconsideration. You indicate in your reconsideration request that SP13 did complete required in-service training, but the training was not in his/her file at the time of the licensing visit. You submitted training certificates. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 7, requires that a license holder must ensure the center director, staff persons, substitutes, and unsupervised volunteers complete an in-service training each calendar year as further specified in the subdivision. Reconsideration Determination. SP13 began working full-time at the facility in October 2023, and was required to complete six hours of in-service training by December 31, 2023. The documentation provided in the reconsideration request was not provided during the licensing visit or made available to the licensor until reconsideration was requested. You acknowledged in your reconsideration request that the information was not in SP13’s file at the time of the licensing visit. 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 citations 1, 4 and 19, and they are affirmed. The Commissioner finds it is appropriate to rescind citation 12. 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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