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September 26, 2024 Freweini Sium, Authorized Agent Bright Future Academy Corp. 1541 5th Avenue South South Saint Paul, MN 565075 License Number 1098104 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Freweini Sium: The Department of Human Services (DHS) is ordering you to pay a fine of $800 for four background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirement: Background Study Violation Determined on August 21, 2024 1. While preparing for a licensing review, a DHS licensor determined that you failed to meet the background study requirements for two staff persons before they began working in a position allowing direct contact with children served by the program. SP1 began working in a position allowing direct contact services to persons served by the program on September 9, 2021. You initiated a COVID-19 emergency background study request on September 7, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. It was determined through a review of documentation you submitted that SP1 has worked without an enhanced background study since December 21, 2022. SP2 began working in a position allowing direct contact services to persons served by the program on January 8, 2021. You initiated a COVID-19 emergency background study request on January 18, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. After being notified by DHS you initiated an enhance background study request for SP2 on September 26, 2023. However, DHS did not receive SP2’s consent and disclosure form and SP2’s background study closed October 13, 2023. You initiated another background study on September 28, 2023. However, DHS did not receive SP2’s consent and disclosure form and SP2’s background study closed on October 13, 3023. You initiated another enhanced background study request for SP2 on September 3, 2024. However, DHS did not receive SP2’s consent and disclosure form and SP2’s background study closed on September 19, 2024. SP2 has worked at the program without an enhanced background since December 31,2022. 2. While preparing for a licensing review, a DHS licensor determined you failed to repeat a background study for one child care program staff within five years of the staff person’s most recent study. SP3 began working in a position allowing direct contact services to persons served by the program on September 28, 2020. You initiated a background study request for SP3 on September 23, 2020. SP3’s fingerprints were taken on April 26, 2019. Because SP3’s fingerprints were taken on April 26, 2019, SP3 background study expired on April 29, 2024. SP3 has worked at the program without an enhanced background study since April 29, 2024. 3. While preparing for a licensing review, a DHS licensor determined that you failed to request background studies for one person before s/he began working in a position allowing direct contact with children served by the program. SP4 began working in a position allowing direct contact services to persons served by the program on August 18, 2022. You initiated an enhanced background study request on October 22, 2021. However, SP4’s fingerprints were not submitted within 14 days and the background study was closed on November 6, 2021, and you were informed to immediately remove SP4 from a position allowing direct contact services. You initiated another background study request on background study request on October 25, 2022. However, DHS did not receive SP4’s consent and disclosure and SP4’s background study was closed on November 24, 2022. SP4 has worked at the program without a background study since November 24, 2022. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (b and g); Minnesota Statutes, section 245C.05, subdivision 2. Fee: $800 (four background study violations– fineable at $200 per violation) Corrective Action Required: Correct immediately and submit your response through the Provider Hub within 30 days from the date of this letter detailing how compliance has been achieved. You must maintain compliance going forward. Billing and Payment of the Fine DHS will send you an invoice for the $800 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment. Your Right to Appeal You have the right to appeal this fine. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. 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. 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.justice4mn.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. Posting of this Licensing Action You are required to place this Order to Pay a Fine in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal Authority for this Licensing Action · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders 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. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6030, extension 4002. Sincerely,
Jay Condon, Unit Supervisor Licensing Division Office of Inspector General
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