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October 22, 2024 CERTIFIED MAIL Mariah Drever 514 2nd Street Southeast Glenwood, MN 56334 License Number 1087970 FCC ORDER OF LICENSE REVOCATION Dear Ms. Drever: Based on the recommendation of Western Prairie Human Services (Western Prairie), the Department of Human Services (DHS) is revoking your license to provide family child care at 514 2nd Street Southeast, Glenwood, MN. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 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, because you are responsible for maltreatment of a child, because you are disqualified, because you failed to provide required supervision to a child in care, because you failed to use equipment that was appropriate for the age of the child, because administered Ibuprofen to a child without parental permission, and because you failed to ensure that the parents of a child knew the child was sleeping on a cot with a weighted blanket. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Determination that the license holder is responsible for maltreatment August 25, 2023, Maltreatment Determination On August 25, 2023, Western Prairie determined that you were responsible for maltreatment of a minor by neglect. Specifically, Western Prairie determined that you administered Ibuprofen without parental permission, placed a weighted blanket on the young child, and used ear buds to watch a movie while the child napped. The child was found unresponsive and later died at the hospital. You were informed of your right to request reconsideration of the maltreatment determination. Because you did not make a timely request for reconsideration, the agency’s maltreatment determination is final. If you appeal this revocation order, as explained below, the underlying maltreatment determination will not be reviewed as a part of the contested case hearing. Statute Violated: Minnesota Statutes, 260E.03 . Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3 paragraph (a) subparagraph (1). License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DHS is not imposing this fine. If the revocation is rescinded, DHS may impose the fine at that time. 3. Disqualification of the license holder. On January 23, 2024, DHS notified you that you were disqualified, and of the right to request reconsideration. The disqualification was for serious maltreatment. You did not make a timely request for reconsideration, so the correctness of the disqualification is final. Because your disqualification cannot be set aside, if you appeal this revocation order, the issue of whether you pose a risk of harm to children served will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (2) and Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d) (1). 4. Failure to comply with licensing laws and rules Western Prairie determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations Violations determined The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DHS considered these violations, as well as the maltreatment determination described above, as a factor when it determined that revocation of your license is appropriate. On April 18, 2023, Western Prairie received a report regarding your family child care program. As a result of the report, on April 19, 2023, DHS issued a temporary immediate suspension of your license. Subsequently, due to an ongoing investigation, on July 14, 2023, your license was indefinitely suspended. You appealed the indefinite suspension and, in an order, dated November 27, 2023, the indefinite suspension was affirmed. The indefinite suspension remains in effect. Western Prairie investigated the report received on April 18, 2023. As a result of the investigation, it was determined that a toddler age child in your care was slept with a weighted blanket, became unresponsive and later died at the hospital. The cause of death was a lack of enough oxygen or blood flow to the brain, asphyxia, resuscitated cardiopulmonary arrest, and the weighted blanket covering the face and torso. During the investigation, you admitted that you put the child down to sleep on a cot with a weighted blanket. You stated that you thought the child was awake until 12:30 pm because you heard the child talking. You stated that you observed the child pull the weighted blanket up over their head and that you used your ear buds to watch a movie on your phone during the nap time. About 12:45 pm, you stated the child became quiet, you thought the child had fallen asleep, you checked on the child and the child was unresponsive. You stated you started CPR, called to a household member for help, and called 911. The household member stated that you called to them to assist you at 1:10 pm which is 25 minutes later then you stated. Additionally, you failed to notify the parents that the child was being slept on a cot instead of a crib and that you were using a weighted blanket to sleep the child. At the hospital it was determined that the child had been given Ibuprofen which had not been given by the parent nor did you have permission to administer it to the child. The following licensing violations were determined: · You failed to provide required supervision to a child in care when you were wearing ear buds and watching a movie during nap time. You were not capable of intervening to protect the child. Rule Violated: Minnesota Rules, part 9502.0315, subpart 29a and Minnesota Rules, part 9502.0365, subpart 5. · You failed to provide equipment that was appropriate for the age of the child and safe when you used a 10-pound weighted blanket on a young toddler age child weighing approximately 22 pounds. Rule Violated: Minnesota Rules, part 9502.0415, subpart 3 · You failed to ensure that the parents of the toddler age child knew the child was sleeping on a cot instead of a crib and was using a weighted blanket. Rule Violated: Minnesota Rules, part 9502. 0405, subpart 4 B. · You failed to obtain permission from the parents of a child in care before administering Ibuprofen. Through tests at the hospital, it was determined that the child had Ibuprofen in their system. The parents of the child had not given the child any medication and the child had only been in your care. Rule Violated: Minnesota Rules part 9502.0435, subpart 16 F. (1). Severity of violations Because you are responsible for maltreatment of a child, because you are disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and due to the serious nature of the licensing 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 services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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 10 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 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 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 five years. In addition, any additional licenses held by you shall also be revoked. 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. Operating the program pending the outcome of the appeal: On April 19, 2023, DHS issued an Order of Temporary Immediate Suspension on your family child care license and on July 14, 2023, your license was indefinitely suspended pending the outcome of the ongoing investigation. Because the suspension of your license remains in effect, if you appeal the revocation, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this [revocation/suspension/decertification] order could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s). If you have questions about: · Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice. · Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP. Prohibition against providing legally unlicensed child care On April 19, 2023, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Posting of this Licensing Action You are required to place this Order of License Revocation 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may revoke a license. · When a revocation 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 revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a revocation 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 revocation shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (f). · When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a). · 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. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4) states that license holders shall pay a $1000 fine for each determination of maltreatment under section 260 E. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation 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.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor at 651-431-6565. Sincerely,
Alyssa Dotson, Deputy Inspector General Licensing Division Office of Inspector General
cc: Brady Brecht, Western Prairie Human Services
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