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October 30, 2024 Alia Ahmed Salim, Authorized Agent High Hopes Childcare inc. 1925 Portland Avenue Minneapolis, MN 55404 License Number 1109732 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Alia Ahmed Salim: The Department of Human Services (DHS) is ordering you to pay a fine of $400 for two 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 Violations Determined on August 28, 2024 While preparing for a review, a DHS licensor determined that you failed to request background studies 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 July 18, 2022. You initiated a COVID-19 emergency background study request on July 5, 2021. On March 21, 2022, October 21, 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 to remove SP1 on October 19, 2023, you initiated an enhanced background study on October 19, 2023. However, SP1’s fingerprints were not submitted within 14 days and the background study was closed on November 3, 2023, and you were ordered to immediately remove SP1 from a position allowing direct contact services. Despite being ordered to remove SP1 from their position, you did not do so and allowed SP1 to continue to work in the same position at the center. You initiated another background study request on November 6, 2023, and December 4, 2023. However, SP1’s fingerprints were not submitted and the background study was closed on December 19, 2023, and you were again ordered to immediately remove SP1 from a position allowing direct contact services. Instead, you allowed SP1 to continue to work in the same position, and initiated another background study request on January 4, 2024. However, SP1’s fingerprints were not submitted within 14 days and the background study was closed on January 19, 2024, and you were again ordered to immediately remove SP1 from a position allowing direct contact services. Once again, you did not remove SP1 from their position after being ordered to do so and initiated another background study on January 23, 2024. However, DHS did not receive SP1’s consent and disclosure and SP1’s background was closed on February 7, 2024. SP1 continued to work in their position after the study was closed. You initiated another background study request on April 22, 2024, and May 2, 2024, However, SP1’s fingerprints were not submitted, and the background study was closed on May 7, 2024, and you were ordered to immediately remove SP1 from a position allowing direct contact services. You did not remove SP1 from their position as ordered. You initiated three more background study requests on July 26, 2024, August 23, 2024, and September 6, 2024. However, SP1’s fingerprints were not submitted, and the background study was closed on October 8, 2024, and you were ordered to immediately remove SP1 from a position allowing direct contact services. You initiated another background study request on October 8, 2024. SP1 submitted his/her fingerprints on October 15, 2024. On October 16, 2024, DHS informed you that SP1’s background study was completed and cleared. · SP2 began working in a position allowing direct contact services to persons served by the program on January 18, 2022. SP2’s fingerprints were taken on August 1, 2019. You initiated a background study request for SP2 on July 5, 2021. Because SP2’s fingerprints were taken on August 1, 2019, SP2’s background study expired on August 6, 2024. After being notified by DHS to remove SP2 you initiated a new background study request on September 6, 2024, DHS informed you that SP2’s background study was completed and cleared on September 27, 2024. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g); Minnesota Statutes, section 245C.05, subdivision 2. Fee: $400 (two 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 $400 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 4019. Sincerely, Kerri Leuth Kerri Leuth, Unit Supervisor Licensing Division Office of Inspector General
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