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August 23, 2024 Angela Carlson, Authorized Agent New Creations Child Care & Learning Center at St. Michael 11806 Aberdeen Street NE Ste 210 Blaine, MN 55449 License Number: 1119051 (Child Care Center) Program Location: 4120 Edgewood Drive NE, Saint Michael, MN 55376-7551 Report No.: 202403209, 202403211
Dear Angela Carlson: On July 30, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 4 in the Correction Order (Attachment A) issued to you by the Department of Human Services on July 23, 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 4: Violation: Toys and other articles intended for use by children under three years of age did not meet size standards. There was an alphabet llamas toy set rated for children over 18 months accessible to children in the infant/toddler classroom. There was also a popsicle connectors toy set rated for children over 24 months of age accessible to children in the toddler classroom. Request for Reconsideration. You submitted a letter indicating that the toys in the violation were rated for children under three years of age and did not pose a choking hazard. You also indicate the toys are beneficial to children because they provide the opportunity to explore developing skills related to grasping, connecting two pieces together, matching colors and matching letters. Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 19, toys intended for use by children under three years of age that present choking, aspiration, or ingestion hazards because of small parts must meet the size standards as specified in the Code of Federal Regulations. Reconsideration Determination. The applicable rule requires that toys intended for use by children under three years of age must meet size standards. A toy set rated for children 18 months and older was accessible to children in a classroom that enrolled children ages 12 to 24 months. Also, a toy set rated for children 24 months and older was accessible to children in a classroom that enrolls children ages 16 to 32 months. The licensor advised during the exit interview that the applicable standard is whether a toy is rated for a certain age according to the manufacturer recommendation rather than whether the toy fits in the “choke tube.” Because the toys in the violation were accessible to children under the recommended age for use, 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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