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June 11, 2024 Holly Petrich, Authorized Agent Building Blocks Learning Center 1533 W. Arrowhead Rd. Duluth, MN 55811 License Number: 1074961 (Child Care Center) Program Location: 1533 W. Arrowhead Rd, Duluth, MN 55811-2251 Report Number: 202401367
Dear Holly Petrich: On May 23, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citations in the Correction Order (Attachment A) issued to you by the Department of Human Services on May 9, 2024. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Menus did not comply with the nutritional requirements of the USDA. Menus did not include the name of the breakfast cereal to confirm sugar limits are not exceeded. Through conversations with facility staff persons and an administrative staff person, it was determined that cereals that exceed the USDA sugar limits were served to children for breakfast one to two times per month. Request for Reconsideration. You acknowledge in your reconsideration request that the program served Lucky Charms and Fruit Loops to children “rarely.” You indicate that children were served ¾ cup of Lucky Charms, which contains 9.7 grams of sugar and is below the required 10 grams of sugar. You indicate that children were served ½ cup of Fruit Loops, which contains 6 grams of sugar and is below the required 10 grams of sugar. You indicate children were not served a full cup of cereal. Applicable Law. Minnesota Rules, part 9503.0145, subpart 2 requires that when food is provided by the license holder, menus must comply with nutritional requirements of the United States Department of Agriculture, Food and Nutrition Services, Code of Federal Regulations, title 7, section 226.20, which requires that breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). Reconsideration Determination. Information obtained during the licensing visit indicated sugary cereals were served to children for breakfast one to two times per month, and staff persons named 3-4 different sugary cereals including Lucky Charms and Froot Loops. Guidelines from the Child and Adult Food Care Program (CACFP), which is part of the U.S. Department of Agriculture (USDA) indicate that if the serving size is 36-40 grams, total sugars must not be more than 8 grams. Based on information from the website for each cereal, Lucky Charms contains 12 grams of sugar per 36 gram (1 cup) serving, and Fruit Loops contains 12 grams of sugar per 39 gram (1 1/3 cup) serving. You indicate in the reconsideration request that children were not served full cups of cereal, but the smaller serving sizes would still exceed the allowed sugar amounts because allowed sugar amounts are calculated in proportion to the actual amount served. As such, there is sufficient evidence to support the citation, and it is affirmed. Citation 2: Violation: The DHS Licensor was not given access to: documents and records, including records maintained in electronic format; and staff and personnel records of current and former staff. On February 15, 2024, licensors were denied access to documentation including staff and personnel records, child files, and other records. Request for Reconsideration. You indicate in your request for reconsideration that your child was in the hospital when the licensor and investigator visited your program on February 15, 2024, and that you had met with several specialists that morning. You indicate you told the licensors you were unable to be at the program at that time but that you were able to go to the program later in the day. Applicable Law. Minnesota Statutes, section 245A.04, subdivision 5 requires that when the commissioner is exercising the powers conferred by chapters 245A and chapter 260E, the commissioner must be given access to documents and records, including records maintained in electronic format. Reconsideration Determination. Although you were not present during the licensing visit, staff called you and asked where the DHS licensor could locate program files for staff and children. You declined to give the licensor access to program files. As such, 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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