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October 4, 2024 Rose Mingo Holtz, Authorized Agent Mes Amis French School 13000 Saint Davids Rd Minnetonka, MN 55305 License Number: 1078602 (Child Care Center) Program Location: 13000 Saint Davids Rd, Minnetonka, MN, 55305-4120
Dear Rose Mingo Holtz: On September 25, 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 September 24, 2024. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Written parental permission had not been obtained for administering medicine. There was no documentation to show that parent permission was given for the program to administer Benadryl and/or an Epi Pen. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 7, item A, the license holder must get written permission from the child’s parent before administering medicine, diapering products, sunscreen lotions, and insect repellants. Nonprescription medicines, diapering products, sunscreen lotions, and insect repellants must be administered according to the manufacturer’s instructions unless there are written instructions for their use provided by a licensed physician or dentist. Reconsideration Determination. The child’s Individual Child Care Program Plan for Allergies (ICCPP) listed Benadryl and EpiPen as medications to be used for responding to an allergic reaction, but the program did not have written parental permission to administer those medications as required by the applicable rule. There is sufficient evidence to support the citation and it is affirmed. Citation 2: Violation: During the licensing visit, the DHS licensor observed that hazardous objects were accessible to children. Specifically, sunscreen was stored on top of the cubbies in the hallway, and Eucerin brand lotions and pre-moistened diaper wipes were stored on the counter in the girls’ bathroom. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e), child care centers must develop a risk reduction plan that identifies the general risks to children served by the child care center, and the plan shall prohibit the accessibility of hazardous items to children. Under Minnesota Rules, part 9503.0140, subpart 17, sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Reconsideration Determination. Photographs taken on the day of the licensing visit showed sunscreen on top of a cubby and lotion and wipes on a countertop in the bathroom, and both of those locations were within reach of children. As discussed during the exit interview, those products contain instructions to keep them out of reach of children, and the rule requires that chemicals, including household supplies, be stored out of reach of children. There is sufficient evidence to support the citation and it is affirmed. Citation 3: Violation: The program did not comply with the reporting requirements for abuse and neglect. Specifically, staff persons were not aware of the reporting requirements for abuse and neglect. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Rules, part 9503.0130, subpart 1, the license holder must comply with the reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E, which governs the reporting of maltreatment of minors and requires that mandatory reporters, which include child care professionals, report maltreatment. Reconsideration Determination. During the licensing visit, when staff were asked where to report suspected maltreatment, they were unaware of who they should report to or how to make the report. There is sufficient evidence to support the citation and it is affirmed. Citation 4: Violation: The program did not have documentation on site to show that 1 of 3 (SP8) staff persons met the experience requirements of the teacher job classification for which the staff person was employed. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Minnesota Rules, part 9503.0032, subpart 2, sets out the required teacher education and experience requirements. Under Minnesota Rules, part 9503.0120, item B, the personnel record for each staff person must contain the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the required education and experience. Reconsideration Determination. Although SP8 met the experience requirements of the teacher job classification for which s/he was employed, there was no documentation to show s/he also met the required experience. There is sufficient evidence to support the citation and it is affirmed. Citation 5: Violation: The required in-service training had not been completed for 6 of 6 (SP2, SP3, SP4, SP5, SP6 and SP8) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include the required number of in-service training hours for the previous concluded calendar year (SP2, SP3, SP4, SP5, SP6 and SP8). Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 7, requires a license holder to ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each year, and the statute specifies the number of required hours. Reconsideration Determination. As discussed during the exit interview, summer staff were required to have 12 hours of in-service training, and there was no documentation to show the staff received the required training. There is sufficient evidence to support the citation and it is affirmed. Citation 6: Violation: The program did not comply with requirements for an allergy-related Individual Child Care Program Plan (ICCPP). Specifically, there was no documentation available to show that 1 of 2 (SP2) staff persons have reviewed an allergy-related ICCPP for a child. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 1, paragraph (b), the license holder must ensure that each staff person who is responsible for carrying out the individual child care program plan must review and follow the plan. Documentation of a staff person’s review must be kept on site. Reconsideration Determination. During the licensing visit, staff indicated they had worked with the child that had an allergy-related ICCPP in the past, and there was no documentation that the plan was reviewed as required. There is sufficient evidence to support the citation and it is affirmed. Citation 7 : Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Specifically, documentation was not available on site to show that 4 of 6 (SP3, SP4, SP7 and SP8) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required CPR training including the treatment of obstructed airways and a hands-on skill assessment within the previous two years (SP3, SP4, SP7 and SP8). Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 4, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training that meets requirements. The pediatric CPR training must cover CPR techniques for infants and children and the treatment of obstructed airways. It must also include hands-on practice and an in-person, observed skills assessment under the direct supervision of a CPR instructor. Minnesota Rules, part 9503.0120, subpart D, requires that the personnel file for each staff person must contain documentation, when applicable, that the staff person has completed required first aid an CPR training. Reconsideration Determination. There was no documentation to show that required CPR training had been completed, and staff training forms showed “N/A” on sections regarding CPR. There is sufficient evidence to support the citation and it is affirmed. Citation 8: Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 4 of 6 (SP3, SP4, SP7 and SP8) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: within 90 days of the start of work or within the previous two years (SP4); and within the previous two years (SP3, SP7 and SP8). Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Minnesota Statutes, section 245A.40, subdivision 3, unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Minnesota Rules, part 9503.0120, subpart D, requires that the personnel file for each staff person must contain documentation, when applicable, that the staff person has completed required first aid and CPR training. Reconsideration Determination. There was no documentation to show that required first aid training had been completed, and staff training forms showed “N/A” on sections regarding first aid. There is sufficient evidence to support the citation and it is affirmed. Citation 9: Violation: The program did not comply with child development and learning training requirements. Specifically, documentation was not available on site to show that 2 of 4 (SP3 and SP4) individuals (director, staff persons, substitutes or unsupervised volunteers) completed training within 90 days of employment (SP3 and SP4). Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 2, the director and all staff persons, substitutes, and unsupervised volunteers shall complete child development and learning training within the first 90 days of employment. The director and staff persons, not including substitutes, must complete at least two hours of training on child development and learning. The training for substitutes and unsupervised volunteers is not required to be of a minimum length. For purposes of this subdivision, "child development and learning training" means any training in Knowledge and Competency Area I: Child Development and Learning, which is training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community. Reconsideration Determination. There was no documentation to show that staff completed the required training. There is sufficient evidence to support the citation and it is affirmed. Citation 10: Violation: Each child’s record did not contain all required information. Specifically, 5 of 5 (C1, C2, C3, C4 and C5) children’s files did not contain the names and telephone numbers of anyone authorized to take the child from the program. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Minnesota Rules, part 9503.0125, requires that the license holder ensure that a record is maintained on each child. The rule sets out the items the record must contain, and item D requires that the record contain the names and telephone numbers of any persons authorized to take the child from the center. Reconsideration Determination. There was no documentation to show the names and telephone numbers of anyone authorized to pick up the child for the specified files as required. Although you changed the form during the licensing visit to indicate that authorized pick-up persons were the same as the emergency contact persons, there was no documentation that you obtained the parents’ permission to list those persons as authorized pick- up persons. There is sufficient evidence to support the citation and it is affirmed. Citation 11: Violation: One of four (C1) children’s files reviewed did not contain a current immunization record, a signed, notarized statement of parental objection to the immunization, or a medical exemption. Request for Reconsideration. Although you indicated you would like to request reconsideration of the citation, you did not provide any information or documentation to explain why you believe the citation was incorrect. Applicable Law. Minnesota Rules, part 9503.0125, requires that the license holder ensure that a record is maintained on each child. The rule sets out the items the record must contain, and item G requires that the record contain the required health and information form. Under Minnesota Rules, part 9503.0140, subpart 5, when a child is enrolled at the center, the license holder must obtain documentation of current immunization, a signed notarized statement of parental object to the immunization, or a medical exemption. Reconsideration Determination. There was no documentation to show the child’s file contained an immunization record as 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 citations, and they are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on September 24, 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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