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September 19, 2024 Ahmad Shamsi, Authorized Agent Growing Explorers Learning Center 9568 Hillingdon Road Woodbury, MN 55125 License Number: 1098018 (Child Care Center) Program Location: 158 Jade Trail North, Lake Elmo, MN 55042-2606
Dear Ahmed Shamsi: On August 23, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citations in the Correction Order (Attachment A) issued to you by the Department of Human Services on August 6, 2024. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Staff did not supervise the children at all times. Specifically, at approximately 2:40 p.m. on the date of the licensing visit, the DHS licensor observed children who were unsupervised in the restroom. Supervision occurs when a program staff person is accountable for the child’s care and is within sight or hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child. Request for Reconsideration. You indicate in your reconsideration request that on the date of the licensing visit, the children were taking turns using the two bathrooms in the classroom, and both bathrooms had the door open the entire time. You indicate no children were in the bathroom with the door closed and that two staff persons were within sight and hearing of the children. You indicate one staff person briefly stepped to the side near the counter and cubbies, but the other staff person was seated by the bookshelf directly across from the bathrooms. You also indicate each of the children in the classroom were five years old, fully potty trained, independent and were to be entering Kindergarten a few weeks later. You dispute that the incident was repeat violation, and you indicate facility policy is that all bathroom doors stay open when bathrooms are in use to ensure supervision by sight and hearing. Applicable Law. Minnesota Statutes, section 245A.02, subdivision 18 provides that supervision means when a program staff person is accountable for the child’s care, can intervene to protect the health and safety of the child, and is within sight and hearing of the child at all times except as otherwise provided. Minnesota Rules, part 9503.0045, subpart 1, item A, requires that a childcare program plan must mandate that children have supervision at all times. Reconsideration Determination. During the licensing visit, the licensor observed that two staff persons were supervising children in three separate areas (two bathrooms and the classroom) and were therefore unable to intervene to protect the health and safety of children. The licensor observed several children lined up in two lines to use the bathrooms while staff persons were moving around the classroom to put away cots, assist children in the classroom, and perform other tasks. During that time, the licensor observed a child open the door to a bathroom while another child was inside the bathroom. There is therefore sufficient evidence to support the citation and it is affirmed. Citation 2: Violation: The program violated the behavior guidance policy prohibiting certain disciplinary actions. Specifically, through conversations with staff persons, it was determined that a staff person rough handled children several times when the staff person picked children up by their arms. Request for Reconsideration. You indicate in your reconsideration request that the staff person who is the subject of the violation no longer works at the program and was not interviewed. You also indicate there may have been communication difficulties with staff that were interviewed, that interviews were conducted six months after the report, and that current staff have not conducted any prohibited disciplinary actions. Applicable Law. Under Minnesota Rules, part 9503.055, subpart 3, requires that a license holder must have and enforces a policy that prohibits subjection of a child to corporal punishment, which includes rough handling. Reconsideration Determination. Multiple staff persons indicated they observed the staff person that was the subject of the citation pick up children by their arms multiple times. One of the individuals who was interviewed was initially asked generally about a time when a staff person had done something that made him/her uncomfortable, and the individual replied that the staff person, who was no longer at the program, had been “rough handling” children. Although the staff person that was the subject of the citation was not interviewed, based on the consistent statements of multiple other staff persons, it was determined it was more likely than not that the staff person had rough handled children while employed at the program when that staff person picked up children by their arms. The citation correctly indicates it was determined that a staff person rough handled children because the incident occurred when the individual was a staff person of the facility. 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 citations, and they are affirmed. Previously Ordered Corrective Action: In the Correction Order issued on August 6, 2024, 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
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