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August 23, 2024 Jennifer Holweger, Authorized Agent YMCA Child Care Center 2200 23rd Street NE, Suite 70 Willmar, MN 56201-6606 License Number: 1005010 (Child Care Center) Program Location: 2200 23rd Street NE, Suite 70, Willmar, MN 56201-6606
Dear Jennifer Holweger: On August 11, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 3 in the Correction Order (Attachment A) issued to you by the Department of Human Services on July 17, 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 3: Violation: Food allergy information was not readily available to staff where food is prepared and served. Request for Reconsideration. You submitted a letter indicating you had previously received a citation for the same violation in 2023, that you corrected the violation, and that you received a response indicating the response was adequate. You provided a copy of that correction order, the adequate response letter, and documents showing the allergy information. You indicate the child’s photo has been placed in all classrooms and the kitchen. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 1, paragraph d, a child’s allergy information must be available at all times including on site, when on field trips, or during transportation. A child’s food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Under paragraph a, if a child has a known allergy, the license holder must maintain current information about the allergy in the child’s record and develop an individual child care program plan. The individual child care program plan must include but not be limited to a description of the allergy, specific triggers, avoidance techniques, symptoms of an allergic reaction, and procedures for responding to an allergic reaction including medication, dosages, and a doctor’s contact information. Reconsideration Determination. The licensor observed that an allergy action plan was available for the child where the food was prepared and served, and general information regarding the use of an Epi-Pen was posted where food is prepared and served. However, although the program had some of the required information readily available where food was prepared and served, not all required information was available. The individual child care program plan did not contain specific triggers and avoidance techniques. As such, 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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