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October 17, 2024 CERTIFIED MAIL Megan Verbout 4131 Power Dam Road Northeast Bemidji, MN 56601-5286 License Number 1125236 FCC ORDER OF CONDITIONAL LICENSE Dear Ms. Verbout: Based on the recommendation of Beltrami County Human Services (Beltrami County), the Department of Human Services (DHS) is placing your license to provide family child care services at 4131 Power Dam Road Northeast on conditional status for one year beginning October 17, 2024. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. REASON FOR THE CONDITIONAL LICENSE 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 served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, you admitted to using inappropriate behavior guidance techniques at times and that you have “taken it too far on accident” at times. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules Previously, you were licensed for family child care in Roseau County. On April 18, 2024, DHS issued you an Order of Conditional license. The conditional was issued for one year from April 18, 2024, through April 17, 2025. Subsequently, you moved from Roseau County to Beltrami County. As a result, your family child care license in Roseau County was closed on July 26, 2024. You have submitted an application to Beltrami County to be licensed for family child care and will be required to complete the duration of your one-year conditional license issued on April 18, 2024. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations On October 11, 2023, Roseau County received a report regarding your family child care program. Following the report, on October 16, 2023, Roseau County conducted a licensing investigation at your licensed program. As a result of the investigation, Roseau County determined that you failed to use appropriate behavior guidance with children in care. You admitted that you sometimes verbally “take it too far on accident.” Roseau County issued you a correction order for failure to use appropriate behavior guidance with children in your care. The Department of Human Services (DHS) received your request for reconsideration of the above licensing citations. Your request as well as information submitted by you and Roseau County was reviewed. In a letter dated March 19, 2024, you were notified that the above licensing citations were affirmed. Rule Violated: Minnesota Rules, part 9502. 0395 Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children served in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period.
3. You must work with Beltrami County to obtain a mentor to work on appropriate behavior guidance and child development with a focus on toilet training. The mentor must be obtained within 30 days of the issuance of this order and must be approved by Beltrami County. Within 15 day of completing working with the mentor, you must submit a written plan to Beltrami County detailing how you will use appropriate behavior guidance methods with children in care at all times. The plan must be approved by Beltrami County. 4. You must either provide a copy of the Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the order or had an opportunity to review the order. You must provide this documentation to Beltrami County within 30 days of this order. For new families, you must submit documentation of compliance with this term to Beltrami County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Beltrami County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began 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 10 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 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for one year from that date. You continue to be required to comply with all family child care laws and rules. Prohibition against providing legally unlicensed child care On April 18, 2024, DHS issued an Order of Conditional license to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care. Posting of this licensing action You are required to place this Order of Conditional License 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 · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a conditional license order 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. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. 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: Michele Voorhees, Beltrami County Human Services
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