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September 19, 2024 CERTIFIED MAIL Breanna McBride and Molly Wiste 18716 Old 76 Road Caledonia, MN 55921-5706 License Number 1125502 FCC (In Application) ORDER OF LICENSE DENIAL Dear Breanna McBride and Molly Wiste: Based on the recommendation of Houston County Public Health and Human Services (Houston County), the Department of Human Services (DHS) is denying your application for a family child care license. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE DENIAL 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children that would be served by your program, available evaluations from consumers of your program, and information about the qualifications of caregivers that would be working in your program. Specifically, because an individual affiliated/household member is disqualified. DHS has determined that denial of your license application is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Disqualification of a household member/affiliated person On September 11, 2024, DHS notified a household member/affiliated person with unsupervised access to children of a disqualification, and of the right to request reconsideration, the individual should refer to the Notice of Background Study Disqualification letter dated September 11, 2024, regarding their next steps if they wish to request reconsideration. Legal Authority: Minnesota Statutes, section 245A.05, paragraph (a), subparagraph (5)(6). Because an affiliated person is disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and in order to protect the health, safety, and rights of children served who would be in your care, your application to provide family child care is denied. YOUR RIGHT TO APPEAL You have the right to appeal the denial. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 20 calendar days from when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 20 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for two years. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Prohibition against providing legally unlicensed child care If the action is not reversed on appeal, you will not be allowed to provide legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.05, subdivision (a), which describes under which conditions DHS may deny a license. · “Applicant” is defined under Minnesota Statutes, section 245A.02, subdivision 3. · Minnesota Statutes, section 245A.04, subdivision 7 states that the commissioner shall not issue a license if the applicant or a household member has a disqualification which has not been set aside and no variance has been granted. · When a denial of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a denial of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination. · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · Applicants have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter within the past two years. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license denial that has not been reversed on appeal may not operate as a legally unlicensed child care provider. · Operating an unlicensed family child care is a misdemeanor under Minnesota Statutes, section 245A.03, subdivision 3. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Lauren Solum, Houston County Public Health and Human Services
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