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July 29, 2024 CERTIFIED MAIL Samantha Matthees 3531 Tamarack Avenue Northwest Bemidji, MN 56601 License Number 1083712 FCC ORDER OF SUSPENSION Dear Ms. Matthees: Based on the recommendation of Beltrami County Health and Human Services (Beltrami County), the Department of Human Services (DHS) is suspending your license to provide family child care at 3531 Tamarack Avenue Northwest, Bemidji, MN. Details of our findings are provided below. Our next steps and your options are also detailed. Because your license is currently temporarily suspended due to a Temporary Immediate Suspension Order as explained below, this suspension is effective immediately. You are also prohibited from operating as a legally unlicensed child care provider at this time. REASON FOR SUSPENSION 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 of your program, and information about the qualifications of caregivers working in your program. Specifically, because there is an open investigation on your program and because you failed to provide required supervision to children in care. DHS has determined that suspension of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Open ongoing investigation or judicial proceedings On March 21, 2024, Beltrami County received a report that you failed to provide required supervision to children in care on several occasions. As a result of these allegations, DHS issued an Order of Temporary Immediate Suspension on your family child care license on April 3, 2024. You appealed the order on April 11, 2024. You then withdrew your appeal on May 16, 2024. The Commissioner of DHS issued a final order affirming the immediate suspension of your license on May 30, 2024. The immediate suspension of your license remains in effect. There is a related, ongoing investigation by Beltrami County. Due to the open investigation, no additional information can be released in this order. There are ongoing judicial proceedings that are related to the report that led to the immediate suspension order. The outcome of the related, ongoing investigation and judicial proceedings are necessary to determine if a final licensing sanction will be issued. DHS cannot ensure the health and safety of the children served by your program at this time. DHS has determined that the health, safety, and rights of children in your care continue to be at imminent risk of harm. Therefore, DHS is suspending your license to provide family child care. Legal Authority: Minnesota Statutes, section 245A.07, subdivisions 2a, paragraph (b), subparagraph (2), and 3, paragraph (a), subparagraph (7). 3. Failure to comply with licensing laws and rules Beltrami County determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations April 5, 2024, Maltreatment Determination On April 5, 2024, Beltrami County determined that you were responsible for maltreatment of a minor by neglect. Specifically, Beltrami County determined that you did not provide adequate supervision based on you leaving the children in your child care program unattended during child care hours on multiple occasions. You requested reconsideration and Beltrami County determined that the maltreatment determination was correct. You have made a timely request for a fair hearing of the maltreatment determination. This hearing is pending. If you appeal the suspension order, as explained below, the maltreatment determination will be heard along with the suspension at a contested case hearing. Statute Violated: Minnesota Statutes, 260E.03 subdivision 15 (3). New violations determined On March 21, 2024, and April 2, 2024, Beltrami 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 suspension is appropriate. On April 3, 2024, Beltrami County determined that you failed to provide required supervision when you left the program on several occasions to go to the liquor store. You left the children unattended in the residence during nap time. Rule Violated: Minnesota Rules, part 9502.0315, subpart 29a and Minnesota Rules, part 9502.0365, subpart 5. 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 Beltrami County licensor for assistance. DHS also considered this history as a factor when it determined that a suspension is appropriate. · April 3, 2024, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. · March 4, 2024, Correction Order, which cited you for the following violations: o You failed to provide required supervision when you went outside to the garbage and left all children alone inside the residence. o You failed to protect infants, toddlers, and preschoolers from a hazard when they had access to food cooking on a hot stove. · October 5, 2020, Correction Order, which cited you for failing ensure that firearms and ammunition were stored as required when firearms and ammunition were stored together. · September 25, 2018, Correction Order, which cited you for the following violations: o You failed to provide documentation that each adult caregiver had completed the annual supervising for safety training. o You failed to provide documentation of each crib’s brand name and model number. o You failed to provide documentation that each crib was in compliance with federal standards. o You failed to submit documentation that you checked crib brand names and model numbers against the U.S. Consumer Product Safety Commission website annually as required. o You failed to keep crib safety documentation on site and available to parents. o You failed to provide documentation that you had completed the monthly pack and play inspections as required. 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, and the pending administrative and legal proceedings, your license to provide family child care services is suspended. YOUR RIGHT TO APPEAL You have the right to appeal the suspension. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. 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. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive 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 receive 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 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.lawhelpmn.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. Operating the program pending the outcome of the appeal: As discussed above, because the immediate suspension of your license remains in effect, if you appeal the suspension, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this [revocation/suspension/decertification] order could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s). If you have questions about: · Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice. · Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP. Posting of this Licensing Action You are required to place this Order of Suspension 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. Prohibition against providing legally unlicensed child care On April 3, 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. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may suspend a license. · Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · When a report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder that has received a final order immediately suspending a license continues to be prohibited from operating a program upon receipt of an order to suspend the license under Minnesota Statutes, section 245A.07, subdivision 2a, paragraph (c). · Minnesota Statutes, section 245A.03, subdivision 2 and 3 provides that a license holder under a temporary immediate suspension may not operate as a legally unlicensed child care provider. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · 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. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alyssa Dotson, Deputy Inspector General Licensing Division Office of Inspector General cc: Michele Voorhees, Beltrami County Health and Human Services
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