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August 15, 2024 CERTIFIED MAIL Shannon Rooney 751 Heather Drive Shoreview, MN 55126-3117 License Number 1122529 FCC (In Application) AMENDED ORDER OF LICENSE DENIAL Dear Ms. Rooney: Based on the recommendation of Ramsey County Community Human Services Department (Ramsey County), the Department of Human Services (DHS) is denying your application for a family child care license. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE DENIAL 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 that would be served by your program, available evaluations from consumers of your program, and information about the qualifications of caregivers that would be working in your program. Specifically, because a household member is disqualified. DHS has determined that denial of your license application is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Disqualification of a household member/affiliated person On April 4, 2024, DHS notified a household member of a disqualification, and of the right to request reconsideration. On April 16, 2024, the disqualified individual made a timely request for reconsideration of the disqualification. On August 15, 2024, DHS notified you that the disqualified individual’s disqualification could not be set aside and a variance had not been granted. This is a final agency decision. If you appeal this denial order, the correctness of the disqualification will not be reviewed as part of the contested case hearing because it is final. In addition, because the disqualification cannot be set aside, the issue of whether they pose a risk of harm to children served will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 245A.05, paragraph (a), subparagraph (5); Minnesota Statutes, section 245A.04, subdivision 7, paragraph (h). Because an affiliated person is disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and in order to protect the health, safety, and rights of children who would be in your care, your application to provide family child care is denied. YOUR RIGHT TO APPEAL As acknowledged in DHS’s letter to your counsel dated August 2, 2024, you have already submitted an appeal of the license denial. As the appeal of the license denial has already been initiated, you do not need to submit another appeal as a result of this amended 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. Prohibition against providing legally unlicensed child care On April 7, 2017, DHS issued an Order to Pay a Fine 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.05, subdivision (a), which describes under which conditions DHS may deny a license. · “Applicant” is defined under Minnesota Statutes, section 245A.02, subdivision 3. · Minnesota Statutes, section 245A.04, subdivision 7 states that the commissioner shall not issue a license if the applicant or a household member has a disqualification which has not been set aside and no variance has been granted. · When a denial of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a denial of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · Applicants 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. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter within the past two years. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license denial 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. 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: Shannon Draper, Ramsey County Community Human Services Department
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