|
September 13, 2024 Michelle Kay Kraus, Authorized Agent Ladybug No. 1, LLC (DBA Ladybug Child Care Center) 306 Lake Hazeltine Drive Chaska, MN 55318 License Number: 1094109 (Child Care Center) Program Location: 306 Lake Hazeltine Dr., Chaska, MN 55318
Dear Michelle Kay Kraus: On November 30, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 1 in the Correction Order (Attachment A) issued to you by the Department of Human Services on October 23, 2023. You did not request reconsideration of citation 2, and that citation is therefore affirmed and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Snack did not comply with USDA requirements when it did not include two of the four food components identified by the USDA (fluid milk, juice or fruit or vegetable, meat or meat alternate, bread/bread alternate or cereal). Specifically, it was determined through a review of the program’s September menu that on Wednesdays, children were served an oatmeal raisin cookie and water for an afternoon snack. On Thursdays, children were served a fig bar and water for snack. To meet USDA requirements, an additional food component was required. Request for Reconsideration. You indicate in your reconsideration request that the snack provided by the program complied with requirements because both items contained grain/bread and fruit. You also indicate that snack menus have now been changed to include more of two of the four components identified by the USDA. Applicable Law. Minnesota Rules, part 9503.0145, subpart 2, when food is provided by the license holder, menus must comply with nutritional requirements of the United States Department of Agriculture (USDA), Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Reconsideration Determination. To meet USDA requirements, snack must consist of two meal components in specified quantities. The required quantity for fruits is ½ cup, and the required quantity for grains is ½ ounce equivalent. Nutrition information for the snack items showed they met the required quantity for grains but did not meet the required quantity for fruits, and an additional food component was therefore required. 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. Previously Ordered Corrective Action: In the Correction Order issued on October 23, 2023, you were ordered to correct the violations cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2(a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. 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
|
