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July 26, 2024 Robin Nicole Siebenaler, Authorized Agent Hastings Child Development Center LLC 19999 Lewiston Blvd Hastings, MN 55033 License Number 1053682-Child Care Center Report Number 202403249 DETERMINATION OF MALTREATMENT AND ORDER TO PAY A FINE Dear Robin Nicole Siebenaler: The Department of Human Services (DHS) determined that Hastings Child Development Center LLC located 210 17th Street W, Hastings, MN is responsible for two incidents of maltreatment by neglect, one determined to be serious. Based on this determination, DHS is ordering you to pay a fine of $6,000 ($5,000 for one incident of determined maltreatment that was serious and $1,000 for determined maltreatment that did not meet statutory criteria as serious). Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202403249. Our next steps and your options are also detailed. I. Determination of Maltreatment It was reported that a staff person (SP) stepped over a bookshelf and rolled his/her ankle while carrying an alleged victim (AV). The SP and the AV fell to the floor and the AV sustained a fracture to his/her right femur. Based on the maltreatment investigation, DHS determined that Hastings Child Development Center LLC was responsible for two incidents of neglect, one deteremined to be serious, of the AV. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2, paragraph (a). Fine: $6,000 II. Order to Pay a Fine Because DHS determined that Hastings Child Development Center LLC is responsible for two incidents of maltreatment, one determined to be serious, you must pay a $6,000 fine. One incident of maltreatment was determined to be serious because the AV sustained a broken femur that required the care of a physician. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). Billing and Payment of the Fine DHS will send you an invoice for the $6,000 fine. Payment must be made as directed via the HUB. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. III. YOUR RIGHT TO APPEAL You have the right to appeal this order. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. 1. Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. If you choose to appeal, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. You must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request for reconsideration must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. A response to your reconsideration request will be sent within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not sent within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. If you choose to appeal, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Posting of this licensing action You are required to place this Maltreatment Determination and Order to Pay a Fine 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a child under section 260E for which the license holder is determined responsible and $5000 fine for each determination of serious maltreatment of a child under section 260E for which the license holder is determined responsible. · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33, subdivision 2, paragraph (a) and (b). · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. Questions If you have any further questions regarding this matter, you may contact Marie Tierney, Supervisor, at 651-431-6573. Sincerely,
Maggie Hanson, Intake and Investigations Unit Manager Office of Inspector General Licensing Division Enclosure
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