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November 26, 2024
Mary Solheim, Authorized Agent Explorer Club Summer Camp and Recreation Program 1709 McKnight Rd N Maplewood, MN 55109-4849 Certification Number: 1092133 (Minnesota Statutes, Chapter 245H) ORDER OF CONDITIONAL CERTIFICATION Dear Mary Solheim: The Department of Human Services (DHS) is placing your certification to provide services at Explorer Club Summer Camp and Recreation Program, at 1709 McKnight Rd N, Maplewood, MN 55109-4849, on conditional status for one year, beginning November 26, 2024. This means you must meet certain conditions to maintain your certification, detailed below. This order is based on your noncompliance with Certified License-Exempt Child Care Center requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On September 25, 2024, a DHS licensor and a DHS supervisor conducted a certification follow-up visit at your facility located at 1709 McKnight Rd N, Maplewood, MN 55109-4849. As a result of this certification visit, it was determined that your program failed to comply with the laws that apply to certified license-exempt child care centers, citing seven 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: Your program has been cited on three separate occasions for operating in a manner that did not meet the exclusion from licensure which qualified it for certification. The certification allows your program to serve children kindergarten through 13 years of age. The same individual, who was 18 years old, was present and being served by your program on three separate occasions. On August 7, 2023, DHS received your untimely response to the correction order dated June 6, 2023. In that response you stated that you would work with the parent of the 18-year-old individual being served to find alternate care, to which DHS responded that the response was insufficient. On September 25, 2024, you told the DHS licensors and supervisor that you made the conscious decision to disregard DHS certification requirements and provide care for this individual. The nature of this repeat violation is a knowing, intentional, and repeated disregard for the regulations under which you are certified. The knowing, intentional, and repeated disregard for regulations makes this violation very severe. · Chronicity: Your program received its certification on October 2, 2018. For the July 13, 2022, Correction Order, you responded by stating that you would ensure violations were corrected and that you would maintain compliance moving forward, yet you were cited for all of those citations on more than one occasion since that time. You failed to respond to the last Correction Order that was issued on June 17, 2024, and you did not submit a timely response for the Correction Order issued on June 6, 2023. The information below summarizes this history: o November 26, 2024, Conditional License (this order): eight violations (seven repeat) o June 17, 2024, Correction Order: eleven violations (three repeat) o June 6, 2023, Correction Order: three violations o July 13, 2022, Correction Order: three 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 certificate to provide Certified License-Exempt Child Care is placed on a conditional status. Certification Violations DHS determined that your program failed to follow certification statutes, as described below. Staff Training 1. Violation: The center did not comply with orientation training on health and safety requirements. Documentation was not available to show that 1 of 1 (SP3) individuals (directors, staff persons, substitutes, or unsupervised volunteers) received orientation training within 14 days of direct contact with children or before providing unsupervised direct contact services to children that included: · emergency preparedness (SP3); · the center's risk reduction plan (SP3); · the reporting requirements for abuse and neglect (SP3); · exclusion of sick children (SP3); · infectious disease outbreak control (SP3); · immunizations (SP3); · administration of medication (SP3); · preventing and responding to allergies (SP3); · building and physical premises free of hazards (SP3); · supervision (SP3); and · behavior guidance (SP3). Statute Violated: Minnesota Statutes, section 245H.14, subdivision 5 Repeat Certification Violation: The certification holder was cited for a similar violation in a Correction Order dated June 17, 2024. 2. Violation: The center did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 3 of 3 (SP1, SP2 and SP3) individuals (directors, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training: · within 90 days of the start of work or within the previous two years (SP1, SP2 and SP3); and · before having unsupervised direct contact with a child (SP1, SP2 and SP3). Statute Violated: Minnesota Statutes, section 245H.14, subdivision 1 Repeat Violation: The certification holder was cited for a similar violation in the following orders: · A Correction Order dated June 17, 2024 · A Correction Order dated July 13, 2022 3. Violation: The center did not comply with first aid training requirements. Documentation was not available on site to show that 3 of 3 (SP1, SP2 and SP3) individuals (directors, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric first aid training: · within 90 days of the start of work or within the previous two years (SP1, SP2 and SP3); and · before having unsupervised contact with a child (SP1, SP2 and SP3). Statute Violated: Minnesota Statutes, section 245H.14, subdivision 1 Repeat Certification Violation: The certification holder was cited for a similar violation in the following orders: · A Correction Order dated June 17, 2024 · A Correction Order dated July 13, 2022 Program Practices 4. Violation: The certification holder was operating in a way that did not meet the exclusion from licensure which qualified them for certification. The certification allows this program to serve children kindergarten through 13 years of age. An individual, who was 18 years old, was present and being served at the time of the licensing visit. This same individual had been present and receiving care at the program during licensing visits on June 17, 2024, and June 6, 2023. Statute Violated: Minnesota Statutes, section 245H.02; and Minnesota Statutes, section 245A.03, subdivision 2, paragraph (a), clauses (5), (11), (12), (13), (15), (18), (26) or (30) Repeat Certification Violation: The certification holder was cited for a similar violation in the following orders: · A Correction Order dated June 17, 2024 · A Correction Order dated June 6, 2023 5. Violation: The certification holder did not notify the commissioner by the tenth business day after a change to the program. Two preschoolers (4 years of age) were present and being served at the time of the licensing visit. The certification holder is currently certified to serve children in kindergarten through 13 years of age. Statute Violated: Minnesota Statutes, section 245H. 03, subdivision 5, paragraph b Health and Safety 6. Violation: The certified center did not develop a risk reduction plan that identified the risks presented by adequate supervision when middle-school-age children are enrolled in the center and combined with elementary children. Statute Violated: Minnesota Statutes, section 245H.13, subdivision 7 Repeat Certification Violation: The certification holder was cited for a similar violation in a Correction Order dated June 17, 2024. Emergency Preparedness 7. Violation: The center did not comply with quarterly emergency drill requirements. The center did not have documentation of the date and/or time of a quarterly shelter-in-place drill and a quarterly evacuation drill. Documentation was not available to show a shelter in place and evacuation drill had been completed in the summer quarter of 2024. Statute Violated: Minnesota Statutes, section 245H.15, subdivision 2 Repeat Certification Violation: The certification holder was cited for a similar violation in the following orders: · A Correction Order dated June 17, 2024 · A Correction Order dated July 13, 2022 Children’s Records 8. Violation: At the time of the visit, 2 of 3 (C1 and C3) children's records reviewed did not contain a current immunization record, a signed notarized statement of parental objection to the immunization, or a medical exemption. Statute Violated: Minnesota Statutes, section 245H.13, subdivision 2 Repeat Certification Violation: The certification holder was cited for a similar violation in a Correction Order dated June 17, 2024. Immediate corrective action required You must immediately correct the violations cited above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations. If you fail to demonstrate substantial compliance with Certified License-Exempt Child Care Center requirements or with the terms of your conditional certification that are provided below, DHS may take an additional action, including decertification. Additionally, DHS will not approve a request to increase your child care services from the date of this order until the time your conditional certification expires. CONDITIONAL CERTIFICATION TERMS In addition to the Certified License-Exempt Child Care Center 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 certification 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 certification, the reasons your certification was made conditional, and must include either a copy of the Order of Conditional Certification or an offer to provide a copy of the order upon request. 2. Within 30 days from the receipt of this order and on an ongoing basis while your certification is on a conditional status, you must maintain an updated list of all children enrolled in your program. You must ensure that the children you are serving meet the requirements for which you are certified. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each child enrolled in your program, you must document the following: · the child’s full name; · the child’s date of birth; and · the date the child was enrolled in the program. · The date that a current immunization record, a signed notarized statement of parental objection to the immunization, or a medical exemption was obtained for the child’s record. Additionally, required immunization documents must be in the child’s file and available to DHS upon request. 3. On an ongoing basis while your certification is on a conditional status, you must maintain documentation that all staff (directors, staff persons, substitutes, and unsupervised volunteers) have received orientation within 14 days of direct contact with children or before providing unsupervised direct contact services on health and safety requirements that include: · Emergency preparedness; · The center’s risk reduction plan; · The reporting requirements for abuse and neglect; · Exclusion of sick children; · Infectious disease outbreak control; · Immunizations; · Administration of medication; · Preventing and responding to allergies; · Building and physical premises free of hazards; · Supervision; and · Behavior guidance. 4. Within 45 days from receipt of this order, you must ensure that all staff persons have successfully completed training as required under Minnesota Statutes, section 245H.14, subdivisions 1 through 7, including first aid and cardiopulmonary resuscitation, abusive head trauma, child development, orientation, and in-service training. On an ongoing basis while your certification is on a conditional status, you must maintain documentation that all staff (directors, staff persons, substitutes, and unsupervised volunteers) have satisfactorily completed the required pediatric CPR and first aid training requirements: · Within 90 days of the start of work or within the previous two years; and · Before having unsupervised contact with a child. 5. Within 15 days from receipt of this order, you must develop a risk reduction plan that identifies the risks presented by adequate supervision when middle-school-age children are enrolled in the center and combined with elementary children. Staff must be informed of this change in the risk reduction plan and documentation must be maintained that staff were informed of the change. 6. On a quarterly basis, you must comply with quarterly emergency drill requirements. Documentation must be maintained documentation of the date and time of: · A quarterly shelter-in-place drill; and · A quarterly evacuation drill. YOUR RIGHT TO REQUEST RECONSIDERATION 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 20 calendar days from the date of issue. If you do not meet this deadline, you lose your right to request reconsideration. Conditional certification stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional certification will not take effect until a decision is issued by DHS. If the conditional certification 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 Certified License-Exempt Child Care Centers laws. Legal authority for this certification action · This action is taken under Minnesota Statutes, section 245H.06, subdivision 1. · Certified License-Exempt Child Care Centers are required to follow Minnesota Statutes, chapter 245H. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245H.06, subdivision 2. · If a certification holder files a timely reconsideration request, the terms of the conditional certification are stayed pending a decision by DHS under Minnesota Statutes, section 245H.06, subdivision 24. · Minnesota Statutes, section 245H.07 subdivision 1 states that DHS may decertify a center that does not correct the violations cited in a conditional certification order. Questions If you have any further questions regarding this matter, you may contact Kerri Leuth, Supervisor, at 651-431-6030, extension 4019. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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