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August 30, 2024 Ginger Olson, Authorized Agent Compass Child Care LLC 3372 Bunker Lake Blvd NE Ham Lake, MN 55304-7211 License Number: 1102085 (Child Care Center) Program Location: 302 Credit Union Dr., Isanti, MN 55040-4008 Report No.: 202403985
Dear Ginger Olson: On July 31, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 2 in the Correction Order (Attachment A) issued to you by the Department of Human Services on July 10, 2024. You did not challenge the remaining citation, and that citation is therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 2: Violation: The program did not comply with the reporting requirements for abuse and neglect. The program failed to report an instance of suspected abuse or neglect. Specifically, on May 7, 2024, staff persons at multiple levels of authority were aware of possible maltreatment and failed to report suspected maltreatment as required. Request for Reconsideration. You submitted a letter indicating you disagree with the violation because there was no finding of maltreatment. You also indicate the account of the incident that was reported to the program indicated the child was never outside of sight and sound of a staff member and that the door had not been shut all the way when the incident was discovered. You indicate that, as a result, the program did not suspect maltreatment and did not intend to disregard facts seen or given to the program. You also indicate the program takes safety very seriously. Applicable Law. Under Minnesota Rules, part 9503.0130, subpart 1, the license holder must comply with the reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E, which requires in section 260E.06 that a report be made when a person knows or has reason to believe a child is being maltreated. Under Minnesota Statutes, section 260E.03, subdivision 12, maltreatment includes neglect, and under subdivision 15, paragraph (a), clause (3), neglect includes the failure to provide for necessary supervision appropriate for a child. Reconsideration Determination. The correction order also included a violation for failure to supervise children at all times related to the incident that occurred on May 7, 2024, when a child was left on the toddler playground without staff knowledge or supervision. You did not challenge that citation, and the violation for failure to supervise is therefore affirmed. Also, information obtained during the maltreatment investigation indicates that a staff person (P1) said another staff person (SP1) told P1 a toddler aged child had been alone on the playground. As such, two staff persons had knowledge that the child was not supervised, and a report is required when a person knows or has reason to believe a child is being maltreated. Based on that knowledge and the fact that the definition of maltreatment by neglect includes a failure to provide for necessary supervision of a child, there was reason to believe a child was maltreated. 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 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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