|
August 16, 2024 Hassan Mohamoud, Authorized Agent Open Arms Early Learning Center LLC 12816 Jamestown Street NE Blaine, MN 55449-7535 License Number: 1117027 (Child Care Center) Program Location: 4123 E Lake Street Ste A, Minneapolis, MN 55406-2255
Dear Hassan Mahamoud: On June 10, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 1, 3, 4, 5, 6, 7, 8, 9 and 10 in the Correction Order (Attachment A) issued to you by the Department of Human Services on May 23, 2024. You did not request reconsideration of the remaining citation, and that citation is therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: The health consultant’s monthly review of the infant health policies and practices was not completed monthly. Specifically, the health consultant’s monthly review was not completed in April of 2024. Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 2, the center must have a health consultant who must review the center’s health policies and practices as specified and certify that they are adequate to protect the health of children in care. The review must be done before initial licensure, submitted with the application for initial licensure and repeated every year after the date of initial licensure. For programs serving infants, the review must be done initially and monthly thereafter. Reconsideration Determination. The health consultant’s monthly review documentation for April 2024 was not available during the licensing visit. The staff person assisting the licensor indicated the information was in an email, and s/he did not have access to that email. There is sufficient evidence to support the citation and it is affirmed. Citation 3: Violation: Electrical outlets were not tamper-proof or shielded. Request for Reconsideration. You acknowledge in your reconsideration request that one outlet was unshielded during the licensing visit because it had previously been in use, and the staff person covered the outlet while the licensor was present. Applicable Law. Under Minnesota Rules, part 9503.0155, subpart 11, except in a center that serves only school-age children, electrical outlets must be tamper proof or shielded when not in use. Reconsideration Determination. You acknowledge the outlet was not shielded. Although it was noted that you corrected the violation during the licensing visit, it remains a violation. There is sufficient evidence to support the citation and it is affirmed. Citation 4: Violation: Required crib safety inspections were not completed on a monthly basis. Specifically, documentation was not available to show that monthly crib inspections were completed in the months of April 2023 through March 2024 for cribs 1, 2 and 3. Documentation was also not available on site to show that monthly crib inspections were completed for April 2024 for cribs 10, 11, and 12. Request for Reconsideration. You indicate in your reconsideration request that all crib inspections were completed during previous licensing visits, and old inspection forms were replaced with new forms. You indicate you maintain copies of inspection forms and started new inspection forms. You provided documentation. Applicable Law. Under Minnesota Statutes, section 245A.146, subdivision 4, on at least a monthly basis, the license holder shall perform safety inspections of every crib or portable crib of rigid construction including full-size and non full-size cribs used by or that is accessible to any child in care and must document the specified items. Reconsideration Determination. Documentation of all crib inspections was not available on site during the licensing visit. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 5: Violation: A personnel record was not maintained at the program for each staff person (SP1 and SP5). Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. You submitted personnel records for SP1 and SP5. Applicable Law. Under Minnesota Rules, part 9503.0115, item B, the license holder must ensure that specified personnel records are maintained within the center and available for inspection at the request of the commissioner. Under Minnesota Rules, part 9503.0120, the license holder must ensure that a personnel record for each staff person is maintained at the center, and the personnel record must contain specified information. Reconsideration Determination. The required information was not available for inspection during the licensing visit. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 6: Violation: The program did not have documentation on site to show that 2 of 3 (SP1 and SP5) staff persons met the: education requirements of the teacher job classification for which the staff person was employed (SP1 and SP5); and experience requirements of the teacher job classification for which the staff person was employed (SP1 and SP5). Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. You submitted documentation for SP1 and SP5. Applicable Law. Under Minnesota Rules, part 9503.0032, subpart 2, a teacher must have credentials and education and experience as specified. Under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center, and the personnel record must include the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and specified education and experience requirements. Reconsideration Determination. The required information was not available during the licensing visit. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 7: Violation: The required in-service training had not been completed for 5 of 7 (SP1, SP2, SP3, SP5 and SP6) individuals (director, staff persons, substitutes or unsupervised volunteers) for the previous calendar year. In-service training did not include the required number of in-service training hours for the previous concluded calendar year (SP1, SP2, SP3, SP5 and SP6). Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. You indicate the licensor has reviewed in-service training records during previous licensing visits. You also indicate one staff person had been employed for only two months, that you provided orientation training, and that you planned to do yearly training. You submitted in-service training records for SP1, SP2, SP3, SP5 and SP6 for the previous calendar year. 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 as specified. Reconsideration Determination. No record of in-service training for 2023 was available for the applicable staff, who required in-service training for 2023 due to their first date of contact with children. There is sufficient evidence to support the citation and it is affirmed. Citation 8: Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 2 of 7 (SP1 and SP5) individuals (director, staff person, substitutes or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment within the previous two years (SP1 and SP5). Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. You also indicate the licensor has reviewed CPR/First Aid training records during previous licensing visits, and you submitted copies of training records for SP1 and SP5. 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 as specified, and the pediatric CPR training must cover CPR techniques for infants and children and the treatment of obstructed airways. 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, and the personnel record for each staff person must contain documentation, when applicable, that the staff person has completed the first aid and CPR training as required. Reconsideration Determination. The required information was not available during the licensing visit. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 9: Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 2 of 7 (SP1 and SP5) individuals (director, staff persons, substitutes or unsupervised volunteers) completed pediatric first aid training within the previous two years (SP1 and SP5). Request for Reconsideration. You indicate in your reconsideration request that you were at the hospital at the time of the licensing visit, and the cabinet where the files were kept was locked. The key was at the center and files were kept at the center at all times, but available staff was not aware of the location of the key. You also indicate the licensor has reviewed CPR/First Aid training records during previous licensing visits, and you submitted copies of training records for SP1 and SP5. 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 to exceed the first 90 days of employment. Pediatric first aid training must be repeated at least every second calendar year. 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, and the personnel record for each staff person must contain documentation, when applicable, that the staff person has completed the first aid and CPR training as required. Reconsideration Determination. The required information was not available during the licensing visit. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 10: Violation: The program did not evaluate the risk reduction plan each calendar year. Specifically, there was no documentation to verify that an annual evaluation of the center’s risk reduction plan was done in 2023. Request for Reconsideration. You indicate in your reconsideration request that the risk reduction plan is reviewed and evaluated annually, and you submitted documentation. You also indicate a copy of the review was located in the pockets of the administrative folder and had been observed during previous licensing visits. Applicable Law. Under Minnesota Statutes, section 245A.66, subdivision 3, the license holder must review the risk reduction plan each calendar year and document the review. Reconsideration Determination. The only date listed for the review of the risk reduction plan was in November 2022, and there was no documentation at the time of the licensing review that the risk reduction plan had been reviewed in 2023. There is therefore sufficient evidence to support the citation and it is affirmed. 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 the citations, and they are affirmed. 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
|
