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June 27, 2024 CERTIFIED MAIL Susan Barker 134 1st Avenue Southwest Spring Grove, MN 55974-1101 License Number 190782 FCC ORDER LIFTING IMMEDIATE SUSPENSION ORDER OF CONDITIONAL LICENSE Dear Ms. Barker: Based on the recommendation of Houston County Department of Human Services (Houston County), the Department of Human Services (DHS) is placing your license to provide family child care at 134 1st Avenue Southwest, Spring Grove, MN on conditional status for two years, beginning June 27, 2024. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, you failed to ensure that your program was clean, sanitary, and free of clutter. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Houston County determined that your program failed to comply with the laws and rules for licensed family child care. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations New violations determined On, April 8, 2024, Houston County conducted a licensing investigation at your licensed program. The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DHS considered these violations as a factor when it determined that a Conditional License is appropriate. · April 9, 2024, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. These are the violations that were determined from that investigation. o You failed to ensure the program was clean and safe for children when the program was cluttered and unsanitary. Rule Violated: Minnesota Rules, part 9502.0435, subpart 1 o You failed to ensure that potty training chairs were clean and sanitary. Rule Violated: Minnesota Rules, part 9502.0435, subpart 14 o Failed to properly use extension cords when you had one continuously plugged in to the ceiling light. Rule Violated: Minnesota Rules, part 9502.0425, subpart 18, items C and D o You failed to ensure your outdoor play space was safe when children had access to litter, rubbish, and toxic materials. Rule Violated: Minnesota Rules, part 9502.0425, subpart 2 o You failed to ensure that hazardous materials and toxic substances were inaccessible to children in care when children had access to plastic bags, cleaning supplies, and other hazardous items. Rule Violated: Minnesota Rules, part 9502.0435, subpart 4 and subpart 6 o You failed to ensure the combustion items were the proper distance away from the furnace. Statute Violated: Minnesota Statute, section 245A.52, subdivision 3 o You failed to ensure the interior walls had a flame spread rating of 200 or less when you had unfinished walls and ceilings. Rule Violated: Minnesota Rules, part 9502.0425, subpart 15 o You failed to ensure that smoke alarms were installed properly. Statute Violated: Minnesota Statute, section 245A.52, subdivision 5(b) o You failed to ensure that there was a minimum of 35 square feet of usable indoor space for each child when your home was cluttered. Rule Violated: Minnesota Rules, part 9502.0425, subpart 1 o You failed to ensure that all stairs equipped with three or more steps had handrails. Rule Violated: Minnesota Rules, part 9502.0425, subpart 10, item A o You failed to ensure that a carbon monoxide detector was within ten feet of each room used for sleeping. Statute Violated: Minnesota Statute, section 245A.52, subdivision 5a Previous licensing actions The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your Houston County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · July 6, 2021, Correction Order, which cited that you failed to obtain written permission from parents prior to administering medicine, diapering products, sunscreen lotions, or insect repellents. Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care you are required to comply with the following terms: 1. You must follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period. 3. You must work with Houston County to obtain a mentor to work on ensuring you are following all family child care rules and laws. The mentor must be obtained within 30 days of the issuance of this order. Upon completion of working with the mentor you must submit a summary to Houston County of what you learned and changes you will implement into your program to support required compliance with licensing regulations including cleanliness of your program. 4. You must complete at least six hours of additional training within 60 days of receiving this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. The training(s) must include the topic of active supervision, specific to program environment safety. You must get approval from Houston County prior to attending the training(s) and you must submit documentation of your attendance to Houston County. 5. You must either provide a copy of the Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the order or had an opportunity to review the order and submit documentation to Houston County within 10 days of this order. For new families, you must submit documentation of compliance with this term to Houston County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Houston County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all family child care laws and rules. Prohibition against providing legally unlicensed child care On April 9, 2024, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Posting of this licensing action You are required to place this Order of Conditional License in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a conditional license order that has not been reversed on appeal may not operate as a legally unlicensed child care provider. · Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Bethany Moen, Houston County Department of Human Services
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