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November 6, 2024 Emmelyn Sebwe, Authorized Agent Mai Child Care Academy Corp. 4666 85th Ave N. Brooklyn Park, MN 55443-1957 License Number: 1090956 (Child Care Center) ORDER OF CONDITIONAL LICENSE Dear Emmelyn Johnson: The Department of Human Services (DHS) is placing your license to provide child care at Mai Child Care Academy Corp., 4666 85th Ave N., Brooklyn Park, on conditional status for two years, beginning November 6, 2024. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with Child Care Center licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On July 29, 2024, DHS licensors conducted a licensing review at your facility located at 4666 85th Ave N., Brooklyn Park. As a result of this licensing visit, the DHS licensors determined that your program failed to comply with the laws and rules that apply to licensed Child Care Centers, citing 20 violations. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of children served by the program. Nature and Severity: On July 29, 2024, a DHS licensor determined 21 licensing violations. Nine of the 21 violations are repeat violations for which you were previously cited. Numerous violations are related to the health and safety of children, including failure to comply with the following licensing requirements: · Background studies – background study violations were addressed in a separate Order to Pay a Fine on August 29, 2024 · Staff-to-child ratios · Maximum group size · Age category grouping · Staff distribution · Child allergy information · United States Department of Agriculture (USDA) nutritional guidelines · Cleanliness · Children’s records Chronicity: Your program received its license on June 27, 2018. Since that time, your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history:) o November 6, 2024 Conditional License (this order): 21 violations (9 repeat) o August 29, 2024 Order to Pay a Fine 3 Background Study violations o August 17, 2023 Correction Order 22 violations (7 repeat) o March 25, 2022 Correction Order 3 violations o August 19, 2022 Order to Pay a Fine 3 Background Study violations o August 11, 2022 Correction Order 21 violations (1 repeat) o July 29, 2021 Correction Order 3 citations (0 repeat) 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 licensed child care is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. Program Practices 1. Violation: The required staff-to-child ratios were not maintained. One staff person was supervising 19 children, including an infant, five toddlers, and 13 preschool children. To meet staff to child ratios, four additional staff persons were required. (Toddler classroom) Rules Violated: Minnesota Rules, part 9503.0040, subpart 1 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated March 25, 2022. 2. Violation: The allowable maximum group size was exceeded. The DHS licensor observed 19 children in the toddler classroom. Because there was an infant in the group, the infant maximum group size of eight needed to be maintained. (Toddler classroom) Rules Violated: Minnesota Rules, part 9503.0040, subpart 1 3. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. An aide qualified staff person was supervising 19 children, including an infant, five toddlers, and 13 preschool children. Four teacher qualified staff persons and an aide qualified staff person were required. (Toddler classroom) Rules Violated: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated: · August 17, 2023 · August 11, 2022 4. Violation: During the program's regular hours of operation, infants were mixed with other age categories. During naptime the DHS licensor observed a staff person holding and feeding an infant a bottle in the toddler classroom with toddler and preschool children. (Toddler classroom) Rules Violated: Minnesota Rules, part 9503.0040, subpart 3, item B, (1) 5. Violation: The 36-month range in age allowed for a group that mixes different age categories was exceeded. The DHS licensor observed a child who was 11 months old and a child who was 53 months old in the classroom. This is more than a 36-month range in age. (Toddler classroom)
Rules Violated: Minnesota Rules, part 9503.0040, subpart 3, item B, (2) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated: · A Correction Order dated August 17, 2023 · A Correction Order dated August 11, 2022 Health Policies 6. Violation: Food allergy information was not readily available to staff where food is: · prepared; and · served. Food allergy information for one child was not readily available to staff where food is prepared or served. (Preschool 2 classroom) Statutes Violated: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d) Food and Water 7. Violation: There were no menus on site to verify the menu complied with the nutritional requirements of the USDA. Menus must include: · fluid milk; · at least one whole grain rich food per day; · no more than one serving of juice per day (needs to be 100%); · the name of the breakfast cereal to confirm sugar limits are not exceeded; and · the type of milk (whole, 1%, skim). Rules Violated: Minnesota Rules, part 9503.0145, subpart 2 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated August 11, 2022. Medication/First Aid 8. Violation: Written parental permission had not been obtained for administering medicine. There was a medication administration form for a child who had been administered that medication, but the parent had not provided permission. Rules Violated: Minnesota Rules, part 9503.0140, subpart 7, item A Facility 9. Violation: The program did not comply with cleanliness requirements; the indoor space was not clean (School age 1 and Toddlers). There were several dead bugs in two windowsills facing the parking lot. (School Age 1 classroom) As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch.' Rule Violated: Minnesota Rules, part 9503.0140, subpart 9 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated August 17, 2023. 10. Violation: Children did not have access to single use paper towels or an air hand dryer (School Age 1 and Preschool 1). Single use paper towels or an air hand dryer were not available in the bathroom. (School Age 1 classroom) Single use paper towels or an air hand dryer were not available at sinks in two bathrooms and at two sinks the classroom. (Preschool 1 classroom) Rules Violated: Minnesota Rules, part 9503.0140, subpart 15 11. Violation: The DHS licensor observed that hazardous objects were accessible to children. Two slides were placed on the carpet. Carpet is not considered an adequate fall zone to protect children from injury should they fall. (Toddler classroom) There was a folding chair in the entrance to the crib room accessible to children. Folding chairs contain points where a child’s extremities could be pinched or crushed, and openings or angles that could trap part of a child’s body. Equipment accessible to children must be free of sharp edges, dangerous protrusions, points where a child's extremities could be pinched or crushed, and openings or angles that could trap part of a child's body. The doorway from the classroom to the food prep area was open and there was a hot water heater accessible to children. There was a cup of coffee stored on the counter in the classroom kitchen. (Infant classroom) Rules/Statutes Violated: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated: · August 17, 2023 · August 11, 2022 12. Violation: Areas used by the children were not in good repair. The paint on the wall near the door to the parking lot was chipped and the plaster was crumbling. The plastic base molding was peeling off the wall. (School Age 1 classroom) Rules Violated: Minnesota Rules, part 9503.0140, subpart 20 13. Violation: A rug or rugs: · were not free from tears (School Age 1); · were curled or had frayed edges (School Age 1 and Infants); and · had hazardous wrinkles (Preschool 2). The installed carpet had torn and frayed edges in four spots. An area rug had a frayed edge. (School Age 1 classroom) An area rug with a city map had several hazardous wrinkles. (Preschool 2 classroom) The carpet was frayed near the door to the parking lot. (Infant classroom) Rules Violated: Minnesota Rules, part 9503.0140, subpart 20 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated August 17, 2023. 14. Violation: A minimum of 35 square feet of indoor space was not available for each child in attendance. The DHS licensor observed 20 children in the classroom. The square footage in this classroom allowed for a maximum capacity of 18 children. (Toddler classroom) Rules Violated: Minnesota Rules, part 9503.0155, subpart 9 Postings 15. Violation: The license holder did not post a licensing action in a conspicuous place for the required two years. On July 29, 2024, the Fine Order To Pay Fine issued on August 19, 2022, was not posted in the facility. Statutes Violated: Minnesota Statutes, section 245A.07, subdivision 5 Equipment List 16. Violation: The center lacked the following furnishings, equipment, materials, or supplies: One diaper pail with a liner and a lid. The DHS licensor observed one diaper pail without a lid. Children’s Records 17. Violation: Each child's record did not contain all required information. Four of five (C1, C2, C4 and C5) children's files reviewed did not contain the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. Rules Violated: Minnesota Rules, part 9503.0125 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated: · August 17, 2023 · July 29, 2021 18. Violation: Two of two (C1 and C4) children's files reviewed did not contain documentation of a current physical examination received within 30 days of enrollment. Rules Violated: Minnesota Rules, part 9503.0125, item G; and part 9503.0140, subpart 3 19. Violation: The individual child care program plan (ICCPP) for one (C4) child with a known allergy did not contain: · specific triggers (C4); · avoidance techniques (C4); · symptoms of an allergic reaction (C4); and · procedures for responding to an allergic reaction, including: medication, dosage, and doctor contact information (C4). There was not an allergy ICCPP for a child with a peanut allergy. (C4) Statutes Violated: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (a) Emergency Preparedness 20. Violation: The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center's emergency plan was done in 2023. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Statutes Violated: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated: · August 17, 2023 · August 11, 2022 21. Violation: The relocation site and evacuation route were not posted in a visible place as a part of the written procedures for emergencies and accidents required in Minnesota Rules, part 9503.0140, subpart 21. Statutes Violated: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (f) Corrective action required You must immediately correct the violations cited above. 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. If you fail to demonstrate substantial compliance with child care center requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Additionally, DHS will not approve a request to increase your child care services from the date of this order until the time your conditional license expires. CONDITIONAL LICENSE TERMS In addition to the Child Care Center licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days from receipt of this order, you must provide written notification of the conditional status of your license to all parents/legal guardians. Prior to providing the written notification to all parents/legal guardians, you must submit the written notice to your DHS licensor for approval. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees who will have direct contact with children served by the program. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and · the date the background study request was submitted to DHS. 3. On a monthly basis while your license is on conditional status, you must complete staffing patterns that identify every staff person and his/her job title included in the staff-to-child ratio for each classroom and maintain all completed staffing patterns onsite. The staffing information must be documented on the form titled “Staffing Patterns,” must be completed separately for each classroom, and must include the total number of children in attendance each hour for each classroom. The documentation must include the time each person takes their break, if applicable, and identify the name of the person who replaces them. Staffing patterns must be completed at the beginning of each month, maintained on site, and made immediately available to the Commissioner upon request. Within 30 days from the receipt of this order, you must develop a plan to ensure staff-to-child ratios are maintained at all times and submit the plan to your licensor for approval. 4. While your license is on conditional status, you must complete daily maintenance, cleanliness, and hazard checks of the facility, equipment, and outdoor play areas, and maintain documentation onsite to show that the checks have been completed. This documentation must be made immediately available to the Commissioner during onsite inspection and otherwise requested. 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 choose to request reconsideration of this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request for reconsideration must be submitted in the Provider Hub within 10 calendar days from the date of issue. If you do not meet this deadline, you lose your right to request reconsideration. 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 2 from that date. You continue to be required to comply with all Child Care Center laws and rules. 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 · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · Licensed child care centers are required to follow Minnesota Rules, Chapter 9503.0005 to 9503.0170 and Minnesota Statutes, Chapters 245A, 245C, and Chapter 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · 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. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Donna Gainor, Supervisor, at 651-431-6030 x 4008. Sincerely,
Peggy Cunningham, Unit Supervisor Licensing Division Office of Inspector General
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