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June 7, 2024 Rose Mingo Holtz, Authorized Agent Mes Amis French School 13207 Lake Street Ext Minnetonka, MN 55305 License Number: 1078602 (Child Care Ctr) Program Location: 13000 Saint Davids Rd, Minnetonka, MN 55305 Dear Rose Mingo Holtz: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citations 1, 2, 3, 4, 5, 6 from the Correction Order issued by DHS on February 2, 2024. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation 1. Personnel record was not maintained at the program for each staff person (SP3). It was determined through a review of records and a conversation with the administrative staff person that SP3 worked for the program during the summer of 2022. The personnel record provided for SP3 during the visit was for the year 2023, and the administrative staff person stated s/he did not have records for 2022. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Minnesota Rules 9503.0115, item B, and 9503.0120 require the license holder to maintain personnel records on site at the center, and to make those records available for inspection at the request of the Commissioner. Reconsideration Determination. Background studies records show that SP3 was hired by the center on June 28, 2022. Weekly time sheets issued by the center show that SP3 worked at the center in July and August 2022. The authorized agent stated during the site visit that SP3 worked at the center June through September 2022, went on substitute-status, then returned in November 2022. Given the information that SP3 started working at the center in summer 2022, the licensor asked the authorized agent for SP3’s personnel records from 2022, and was told that the center did not have them. SP3’s personnel records that the center had available (PIF and orientation training record) were dated June 2023, and his/her file was also missing some required documentation (including pediatric CPR and first aid training records). The lack of SP3’s personnel records from 2022, and the missing documentation from his/her file, were explained by the licensor as violations during the exit interview. Citation 1 is affirmed. Citation 2. Documentation was not available on site to verify that a staff person (SP3) had received his/her required orientation trainings prior to starting his/her assigned duties. Through a review of records and conversation with the administrative staff person, it was determined that SP3 began working for the program on July 29, 2022, and began assigned duties on August 1, 2022. There was no record of orientation until June 9, 2023. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 1, requires staff persons at a licensed child care center, including substitutes, to complete specified orientation trainings before starting their assigned duties. Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b), requires the license holder to provide those trainings and document the provision of those trainings. Reconsideration Determination. As discussed for Citation 1, records and information gathered during the licensing review show that SP3 began working at the center in summer 2022. Under the applicable law, staff persons at a licensed child care center, including substitutes, must complete specified orientation trainings before starting their assigned duties. Here, despite beginning his/her work at the center in summer 2022, SP3’s orientation training records show that s/he did not complete his/her required trainings until June 9, 2023. As a note, the Correction Order includes sudden unexpected infant death training as one of the training components that SP3 did not complete within the required time frame. Per its licensing terms, the center does not provide services to infant-aged children, and so this particular training was not required for SP3. The inclusion, however, does not impact the underlying violation, given the rest of the training components that SP3 was required to complete before starting his/her duties in summer 2022, and did not. Accordingly, Citation 2 is affirmed. Citation 3. The program did not comply with abusive head trauma training requirements. A staff person (SP3) did not complete training on abusive head trauma before caring for children under school age. Through a review of records and conversation with the administrative staff person, it was determined that SP3 began working for the program on July 29, 2022, and began assigned duties on August 1, 2022. There was no record of abusive head trauma training until June 10, 2023. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 5a, paragraph (a), requires staff persons, including substitutes, to complete training on the risk of abusive head trauma before caring for children under school age. Reconsideration Determination. The applicable statute requires staff persons, including substitutes, to complete abusive head trauma training before caring for children under school age. The center is licensed to serve preschool and school-aged children. As discussed for Citation 1, records and information gathered during the licensing review show that SP3 began working at the center in summer 2022. But, according to SP3’s orientation training documents, s/he did not complete abusive head trauma training until June 10, 2023. Citation 3 is affirmed. Citation 4. The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that a staff person (SP3) had satisfactorily completed the required pediatric CPR training within 90 days of start of work, or within the previous two years. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 4, unless training was completed within the previous two years, staff persons at a licensed child care center, including substitutes, must satisfactorily complete pediatric CPR training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Minnesota Rule 9503.0120, item D, requires a license holder to maintain on site at the center—as part of necessary personnel records—documentation showing that each staff person has completed the required pediatric CPR training. Reconsideration Determination. According to SP3’s personnel records, s/he is a teacher working with school-aged children. The center did not have documentation available on site showing that SP3 completed pediatric CPR training. Citation 4 is affirmed. Citation 5. The program did not comply with first aid training requirements. Documentation was not available on site to show that a staff person (SP3) had satisfactorily completed the required pediatric first aid training within 90 days of start of work, or within the previous two years. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 3, unless training was completed within the previous two years, staff persons at a licensed child care center, including substitutes, must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Minnesota Rule 9503.0120, item D, requires a license holder to maintain on site at the center—as part of necessary personnel records—documentation showing that each staff person has completed the required pediatric first aid training. Reconsideration Determination. According to SP3’s personnel records, s/he is a teacher working with school-aged children. The center did not have documentation available on site showing that SP3 completed pediatric first aid training. Citation 5 is affirmed. Citation 6. The program did not comply with child development and learning training requirements. Documentation was not available on site to show that a staff person (SP3) had completed the training within 90 days of employment. Through a review of records and conversation with the administrative staff person, it was determined that SP3 began working for the program on July 29, 2022, and began assigned duties on August 1, 2022. There was no record of child development training until June 9, 2023. Your Response. You wrote that, during the site visit, you were confused as to which documents the licensor needed to see at the time. You also state that SP3 is very qualified and completed his/her orientation trainings in summer 2023. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 2, requires staff persons at a licensed child care center, including substitutes, to complete child development and learning training within the first 90 days of employment. Under section 245A.40, subdivision 10, all training must be documented and maintained on site in each personnel record. Reconsideration Determination. As discussed for Citation 1, records and information gathered during the licensing review show that SP3 began working at the center in summer 2022, went on substitute-status, then returned in November 2022. SP3’s orientation training records show that s/he did not complete his/her required child development and learning training until June 9, 2023, which was outside of the 90-day period even when counting from November 2022. Citation 6 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1, 2, 3, 4, 5, and 6 are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on February 2, 2024, 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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