|
December 6, 2024 Ashleigh Patrice Hampton, Authorized Agent Hallie Q Brown Early Learning Center, Inc 270 Kent Street St Paul, MN 55102 License Number 800955-Child Care Center Report Number 202404394 DETERMINATION OF MALTREATMENT FAILURE TO REPORT MALTREATMENT BACKGROUND STUDY VIOLATION AND ORDER TO PAY A FINE Dear Ashleigh Patrice Hampton: The Department of Human Services (DHS) determined that Hallie Q Brown Early Learning Center Inc located at 270 Kent Street, St Paul, MN is responsible for maltreatment by neglect, failure to report maltreatment, and failure to comply with background study requirements. Based on this determination, DHS is ordering you to pay a fine of $1400. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202404394. Our next steps and your options are also detailed. I. Determination of Maltreatment It was reported that three alleged victims (AV1, AV2, and AV3) left the facility and were found on a nearby elementary school playground by a community person (CP1). AV1, AV2, and AV3 were without staff person supervision for an undetermined amount of time. Based on the maltreatment investigation, DHS determined that Hallie Q Brown Early Learning Center Inc. is responsible for neglect of AV1-AV3. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2, paragraph (a). Fine: $1,000 Citations Related to the Maltreatment Determination 1. Citation: Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. Violation: Children were not supervised at all times. On May 14, 2024, three children left the facility without staff person knowledge and walked over to the playground of the neighboring school and were without staff person supervision for an undetermined amount of time. The three children were found by two community persons who returned them to the facility. ‘Supervision’ occurs when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child. Corrective Action Ordered: 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. 2. Citation: Minnesota Statutes, section 245A.40, subdivision 1; and section 245A.04, subdivision 14, paragraph (b), clause (1) Violation: Documentation was not available on site to verify that before starting assigned duties 5 of 6 (SP1, SP2, SP3, SP4 and SP6) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: · the risk of abusive head trauma that was at least one half hour in length as required under subdivision 5a (SP1, SP2, SP3, SP4 and SP6); · allergy prevention and response as required by Minnesota Statutes, 245A.41, subdivision 1 (SP1, SP2, SP3, SP4 and SP6); · behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP1, SP2, SP3, SP4 and SP6); · the child care program plan and center's philosophy (SP1, SP2, SP3, SP4 and SP6); · emergency preparedness as required by Minnesota Statutes, 245A.41, subdivision 3. (SP1, SP2, SP3, SP4 and SP6); · handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP1, SP2, SP3, SP4 and SP6); · handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP1, SP2, SP3, SP4 and SP6); · procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP1, SP2, SP3, SP4 and SP6); · a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3 (SP1, SP2, SP3, SP4 and SP6); · specific job responsibilities (SP1, SP2, SP3, SP4 and SP6); · program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP1, SP2, SP3, SP4 and SP6); · reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP1, SP2, SP3, SP4 and SP6); · program's risk reduction plan as required under section 245A.66, subdivision 2 (SP1, SP2, SP3, SP4 and SP6); and · sudden unexpected infant death that was at least one half hour in length as required in subdivision 5 (SP1, SP2, SP3, SP4 and SP6). A review of facility documentation showed that SP2 and SP4 received orientation training on May 3, 2024, but the forms were not signed by the staff persons until June 5, 2024, which was after this investigator requested them and after they began direct contact services and SP2 stated that s/he did not receive training prior to working in the classroom. The facility was unable to provide orientation records for SP1, SP3, and SP6. Repeat Licensing Violation: The license holder was cited for a similar violation in the following orders: · A Correction Order dated July 12, 2023 · A Correction Order dated March 24, 2022 Corrective Action Ordered: 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. II. Failure to Report Maltreatment Based on the maltreatment investigation, DHS determined that staff persons including a supervisory/administrative staff person had knowledge of an incident of possible maltreatment, but did not make a report as required. Legal Authority: Minnesota Statutes, section 260E.06, subdivision 1. Fine: $200 Corrective Action Ordered: Correct immediately and submit your response through the Provider Hub within 30 days from the date of this letter showing that all staff have been retrained on the reporting requirements for alleged maltreatment. The documentation must identify: names of staff persons completing the training; the date of the training; and who provided the training. Documentation must be maintained in each staff person’s record. III. Background Study Violation As a result of an investigation, a DHS investigator determined that you failed to request a background study for a staff person (SP2) before they began working in a position allowing direct contact with children. SP2 began working in a position allowing direct contact with persons served by the program on May 6, 2024. On May 28, 2024, the license holder submitted a background study request for SP2 but continued to allow SP2 to have direct contact with persons served by the program. On June 4, 2025, the facility received notification that SP2 was cleared to work. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $200 Corrective Action Ordered: Submit your response through the Provider Hub within 30 days from the date of this letter detailing how compliance has been achieved. You must comply with all background study requirements in Minnesota Statutes, chapter 245C going forward. IV. Order to Pay a Fine Because DHS determined that Hallie Q Brown Early Learning Center Inc. is responsible for maltreatment, faiure to report maltreatment, and failure to comply with background study requirements you must pay a $1400 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). Billing and Payment of the Fine DHS will send you an invoice for the $1400 fine. Payment must be made as directed via the Provider Hub. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. V. YOUR RIGHT TO APPEAL You have the right to appeal this order. 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 deadlines 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. 1. Right to appeal the fine and maltreatment determination You have the right to appeal the fines and maltreatment determination. 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. Your request for an appeal must be submitted in the Provider Hub within 15 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. After this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. You must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request for reconsideration must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. A response to your reconsideration request will be mailed within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not mailed within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. 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. 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. After 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 Determination of Maltreatment, Failure to Report Maltreatment, Background Study Violation, and 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a child under section 260E for which the license holder is determined responsible. · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (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. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33, subdivision 2, paragraph (a) and (b). · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. Questions If you have any further questions regarding this matter, you may contact Marie Tierney, Supervisor, at 651-431-6573. Sincerely,
Maggie Hanson, Intake & Investigations Unit Manager Office of Inspector General Licensing Division Enclosure
|
