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August 23, 2024 Kathleen Hajduk, Authorized Agent YMCA – Woodbury Math and Science 13850 Portland Avenue Burnsville, MN 55337 License Number: 1089702 (Child Care Center) Program Location: 8430 Woodbury Xing, Woodbury, MN 55125
Dear Kathleen Hajduk: On July 26, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 1 in the Correction Order (Attachment A) issued to you by the Department of Human Services on July 22, 2024. You did not challenge the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: 1 of 4 individuals (director, staff persons, substitutes, or unsupervised volunteers) were working in the program before the program received a notice from the commissioner stating that the individual was not disqualified or that the background study needed more time to be completed. Request for Reconsideration. You submitted a copy of a clearance letter dated July 15, 2022, for the individual that was the subject of the violation. You indicate the letter was also in a binder at the time of the licensing visit. Applicable Law. Under Minnesota Statutes, section 245C.13, subdivision 2, the subject of a background study may not perform any activity requiring a background study as specified, which includes providing direct contact services to persons served by the program, until the commissioner has issued a specified notice such as a clearance notice. Reconsideration Determination. The applicable statute requires that an individual may not provide direct contact services to persons served by the program until the commissioner has issued a specified notice. Although you submitted a clearance notice dated July 15, 2022, information entered in the HUB showed the individual had direct contact and was working in the program on June 28, 2022. As a result, there is 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 citation and it is affirmed. 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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