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June 14, 2024 Angela Berge, Authorized Agent Freshwater Learning Center 4319 Steiner Street Saint Bonifacius, MN 55375-1100 License Number: 1023991 (Child Care Center) Program Location: 4319 Steiner Street, St. Bonifacius, MN 55375-1100 Report Number: 202403895
Dear Angela Berge: On May 30, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 1 in the Correction Order (Attachment A) issued to you by the Department of Human Services on May 28, 2024. You did not challenge citation 2, and it is therefore final and not within the scope of this review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. Specifically, on the day of the licensing visit, the Toddler 1 classroom had three aides with 12 children. With 12 toddlers, a teacher was required. Request for Reconsideration. You indicate the aide was qualified as a lead teacher and that you had planned to request a variance for the staff person on the date of the licensing visit. Applicable Law. Minnesota Rules, part 9503.0034, subpart 1, indicates an “aide” means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. Minnesota Rules, part 9503.0040, subpart 2, item D provides requirements for staff distribution. Reconsideration Determination. You do not dispute the correctness of the citation, but you indicate you were planning to send a variance request on the same day. However, the variance had not yet been submitted or approved when the violation occurred, and the staff person was still qualified as an aide at that time. 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 citation, and it is 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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