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August 16, 2024 Jessica Johnsen, Authorized Agent Yellow Brick Road Early Childhood Development Center 4816 Overlook Drive Bloomington, MN 55437 License Number: 1081604 (Child Care Center) Program Location: 10420 Yellow Circle Drive, Minnetonka, MN 55343-9102
Dear Jessica Johnsen: On June 5, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 5, 6, 7, 8, 9 and 10 in the Correction Order (Attachment A) issued to you by the Department of Human Services on May 22, 2024. You did not request reconsideration of the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 5: Violation: The minimum amount of equipment specified for an age category was not accessible every day to the children of that age category. Specifically, art materials were stored on a high shelf out of each and musical instruments were stored behind a plexiglass cabinet making them not accessible to children in the classroom. Request for Reconsideration. You indicate in your reconsideration request that art supplies are in the classroom, art is part of the daily classroom schedule and lesson plan, and children have daily access to the supplies. You also indicate the plexiglass shelf is easily accessible and that it allows children to see and point to art materials that are then distributed to them by teachers. You submitted a photograph of the plexiglass shelf, and you submitted a schedule showing “Table Time” at 10:30 with activities that “could be science, sensory, math, fine motor or art.” Applicable Law. Under Minnesota Rules, part 9503.0060, subpart 1, minimum equipment specified for an age category must be accessible every day to the children of that age category and arranged as specified in the child care program plan. Reconsideration Determination. Accessible is commonly defined to mean that something is able to be used or reached, and DHS requirements regarding equipment list guidelines indicate accessible means that equipment is stored in a location where children themselves are able to reach and use the equipment. During the licensing visit, the licensor observed that art and music materials remained out of reach of children during the entirety of the time the licensor was on site. Also, the documents submitted list art and music as optional, and the activities were not conducted at the times listed on the schedule on the date of the licensing visit. There is sufficient evidence to support the citation and it is affirmed. Citation 6: Violation: Children were required to remain on their cots, mats, cribs or beds after completing a nap or resting quietly for 30 minutes. Specifically, children were required to remain sitting on their cots for a duration longer than 30 minutes, and although they were offered toys, they were required to play with them while remaining on their cots. Request for Reconsideration. You indicate in your reconsideration request that staff do allow children to get up after 30 minutes of rest if they are not asleep, and children are not required to remain on their cots. You also indicate children are provided quiet activities for awake times, such as reading books quietly on their cots, or they may do a quiet activity at a table after waking or 30 minutes of resting. You submitted a copy of the program’s nap and rest time policy. Applicable Law. Under Minnesota Rules, part 9503.0050, subpart 3, a child who has completed a nap or rested quietly must not be required to remain on a cot or mat in a crib or bed. Reconsideration Determination. During the licensing visit, the licensor observed that children were provided toys to play with while required to remain on their cots. The licensor was in the classroom at 2:00 p.m., and documented rest time occurred from 12:30 to 3:00. The licensor also observed that children sitting on their cots were no longer resting but expected to remain on their cots. The licensor photographed children actively playing with toys while sitting on cots. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 7: Violation: The program did not comply with the requirements for naps and rest. Specifically, naps and rest were not provided in a quiet area that was physical separated from children who were engaged in activity that would disrupt a napping or resting child. Multiple children were observed playing with toys on or around their cots in the same space and directly next to other children that were still sleeping. Request for Reconsideration. You indicate in your reconsideration request that staff do allow children to get up after 30 minutes of rest if they are not asleep, and children are not required to remain on their cots. You also indicate children are provided quiet activities for awake times, such as reading books quietly on their cots, or they may do a quiet activity at a table after waking or 30 minutes of resting. You submitted a copy of the program’s nap and rest time policy. Applicable Law. Under Minnesota Rules, part 9503.0050, subpart 4, naps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping or resting child. Reconsideration Determination. During the licensing visit, awake children were observed playing with toys on their cots directly next to sleeping children rather than being allowed to move to tables or other spaces for quiet activities, and the licensor also took photographs. The rule requires that naps and rest be provided in an area that is physically separated from children who are engaged in an activity that will disrupt a napping or resting child. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 8: Violation: The required in-service training had not been completed for 1 of 3 (SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous calendar year. Specifically, in-service training did not include training on disabilities every two years as required, and documentation of required training was missing. Request for Reconsideration. You submitted a copy of the staff person’s time card, and you indicate s/he attended an all day training that included training on disabilities. You indicate the staff person was clocked in for the entire training and clocked out after they left the training or if they were not participating for a period of time. You also submitted the agenda for the training and indicated the documents were presented during the licensing visit. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 7, a license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year. At least once every two years, the in-service training must include disabilities training to increase awareness of differing abilities of children. Reconsideration Determination. The documentation you provided relates to training completed in 2024, and because the staff person was hired in 2021, they required training to be completed in 2023. During the licensing visit, the program was unable to provide documentation of training completed in 2023. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 9: Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Specifically, documentation was not available on site to show that 1 of 5 (SP1) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training, including the treatment of obstructed airways and a hands-on skill assessment, before unsupervised contact with a child. Unsupervised direct contact occurred on March 6, 2024, and pediatric training documentation was not available. Request for Reconsideration. You indicate in your reconsideration request that the staff person did not have unsupervised direct contact until after receiving the required training. You indicate the dates of contact were accurate on the licensing hub prior to the visit and that the date written on the form was mean to be erased. You submitted a copy of a staffing sheet. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 4, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training that meets the requirements of this subdivision. Pediatric CPR training must be completed prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. The pediatric CPR training must cover CPR techniques for infants and children and the treatment of obstructed airways, and it must include instruction, hands-on practice, and an in-person, observed skills assessment under the direct supervision of CPR instructor. Under Under Minnesota Rules, part 9503.0120, subpart D, the license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel file for each staff person must contain documentation, when applicable, that the staff person has completed required first aid and CPR training. Reconsideration Determination. After further review of the file and the information provided with the reconsideration request, the Commissioner has determined it is appropriate to rescind the citation. Citation 10: Violation: The program did not comply with first aid training requirements. Specifically, documentation was not available on site to show that 1 of 5 (SP1) individuals (director, staff persons, substitutes or unsupervised volunteers) completed pediatric first aid training before unsupervised direct contact with a child. Unsupervised direct contact occurred on March 6, 2024, and pediatric training documentation was not available. Request for Reconsideration. You indicate in your reconsideration request that the staff person did not have unsupervised direct contact until after receiving the required training. You indicate the dates of contact were accurate on the licensing hub prior to the visit and that the date written on the form was mean to be erased. You submitted a copy of a staffing sheet. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 3, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not exceed the first 90 days of employment. Under Minnesota Rules, part 9503.0120, subpart D, the license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel file for each staff person must contain documentation, when applicable, that the staff person has completed required first aid and CPR training. Reconsideration Determination. After further review of the file and the information provided with the reconsideration request, the Commissioner has determined it is appropriate to rescind the citation. 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 citations 5, 6, 7, and 8, and they are affirmed. The Commissioner finds it is appropriate to rescind citations 9 and 10. 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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