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December 19, 2024 Mykel Froisland, Authorized Agent Little Lakers Child Care Center 19404 510th Avenue Lake Crystal, MN 56055 License Number: 1105093 (Child Care Center) Program Location: 19404 510th Avenue, Lake Crystal, MN, 56055-4512
Dear Mykel Froisland: On November 13, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 1, 3, 4, 7, 11 and 17 in the Correction Order (Attachment A) issued to you by the Department of Human Services on October 30, 2024. You did not challenge the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Staff distribution requirements were not maintained when a teacher or assistant teacher did not directly supervise an aide. Specifically, the variance for a staff person (SP19) was expired, and a variance renewal had not been submitted, resulting in SP19 being aide qualified. At approximately 12:11 p.m. on October 16, 2024, SP19 was working alone in the Infant 1 classroom supervising four infants. Request for Reconsideration. You indicated in your reconsideration request that SP19 was working alone with four infants but that SP19 is assistant teacher qualified even without the variance, which was listed as in effect until December 31, 2024. Applicable Law. Under Minnesota Rules, part 9503.0034, subpart 1, aide is defined as a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. Under Minnesota Rules, part 9503.0040, subpart 2, item D, staff distribution within each age category must follow required staffing patterns. Reconsideration Determination. Records show SP19 was qualified as an aide in November 2022, and a variance for SP19 to be considered a teacher was submitted and approved through December 31, 2023. Although the correction order stated in error that the variance expired on December 31, 2024, the correct expiration date was communicated during the exit interview. The program did not submit a variance renewal or provide any documentation to show that SP19 was assistant teacher or teacher qualified. There is sufficient evidence to support the citation and it is affirmed. Citation 3: Violation: Meals did not comply with the nutritional requirements of the USDA. Specifically, a child in the Preschool 1 classroom was being served a milk alternative that did not meet USDA requirements, and a physician note had not been obtained to permit the service of the milk alternative. Request for Reconsideration. You indicated in your reconsideration request that the program did have a physician note dated September 29, 2023, in the child’s file indicating that the child should have a substitute milk, such as oat milk. Applicable Law. Under Minnesota Rules, part 9503.0145, subpart 4, each meal must provide one-third of the child’s daily nutritional needs as specified by the United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20. Reconsideration Determination. Information obtained during the licensing visit indicated the child was served oat milk with meals, but there was no documentation in the child’s file to show a physician had approved the milk alternative. Also, no documentation was provided during the exit interview or with the request for reconsideration. During the exit interview, program staff stated the child received oat milk due to “a preference” rather than a doctor’s note. There is sufficient evidence to support the citation and it is affirmed. Citation 4: Violation: Water bottles were used to provide drinking water to children, and the program did not follow the policy for sanitizing water bottles. Specifically, water bottles in the Preschool and Toddler 2 classrooms were all stored together in a pile in a plastic container outside. The program’s water bottle policy stated that water bottles and cups must be stored in a manner using the wrong bottle or cup. Request for Reconsideration. You indicated in your reconsideration request that although the water bottles are stored in a plastic container all together, the bottles contain the first and last name of the child to prevent children from taking the wrong bottle. You also indicated the bottles are within reach of the children so that they have water accessible to them at all times. Applicable Law. Under Minnesota Statutes, section 245A.14, subdivision 17, a licensed child care center may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that at a minimum includes required components, including that water bottles are stored in a manner that reduces the risk of a child using the wrong water bottle or cup. Reconsideration Determination. Although the water bottles stored together in plastic bins were labeled with child names, multiple water bottles were the same or looked very similar. Also, the method of storage in a pile required child to search for their own water bottle while touching other children’s water bottles and increased the likelihood that a child would grab the wrong water bottle. Because the water bottles were not stored in a manner that reduces the risk of a child using the wrong water bottles, there is sufficient evidence to support the citation and it is affirmed. Citation 7: Violation: The program did not comply with cleanliness requirements when the indoor space was not clean. Specifically, there was dirt and debris in multiple areas on the carpet in the Preschool 1 and Preschool 2 classrooms. Request for Reconsideration. You indicated in your reconsideration request that on the date of the licensing visit, children in the Preschool classroom made playdough and played in sensory bin containing corn. The playdough was smashed into the carpet and was not able to be removed by carpet cleaners. You indicated you are planning to replace the carpet but are in the process of obtaining a grant to do so. Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 9, the indoor and outdoor space and equipment of the center must be clean. Under Minnesota Rules, part 9503.0005, subpart 9, clean is defined as free from dirt or other contaminants that can be detected by sight, smell or touch. Reconsideration Determination. During the exit interview, the licensor indicated the floor cleanliness concerns were not related to playdough but were related to other pieces of debris on the floor in the Preschool 1 and Preschool 2 classrooms. During the licensing visit, the children were not using the corn sensory table but corn and other debris were observed on the floor. There is sufficient evidence to support the citation and it is affirmed. Citation 11: Violation: The program did not have documentation on site to show that 1 of 5 (SP19) staff persons met the education requirements of the teacher job classification for which the staff person was employed. Specifically, the variance for SP19 was expired, and a variance renewal was not submitted. As a result, SP19 was considered aide qualified. Request for Reconsideration. You indicated in your reconsideration request that SP19 was working alone with four infants but that SP19 is assistant teacher qualified even without the variance, which was listed as in effect until December 31, 2024. Applicable Law. Under Minnesota Rules, part 9503.0032, subpart 2, teachers must have specified education and experience. Under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements specified in the applicable rules. Reconsideration Determination. Records show SP19 was qualified as an aide in November 2022, and a variance for SP19 to be considered a teacher was submitted and approved through December 31, 2023. Although the correction order stated in error that the variance expired on December 31, 2024, the correct expiration date was communicated during the exit interview. The program did not submit a variance renewal or provide any documentation to show that SP19 was assistant teacher or teacher qualified. There is sufficient evidence to support the citation and it is affirmed. Citation 17: Violation: The facility floor plan did not indicate planned use of each area. Specifically, the program split the Toddler classroom into two separate classrooms and made an administrative space into a large motor space without licensing approval. The program had not updated their facility floor plan on stie to reflect the changes to the program space. Request for Reconsideration. You indicated in your reconsideration request that you tried unsuccessfully to update the facility floor plan in the provider hub, and you have attempted to obtain technical assistance but did not receive a response. Applicable Law. Under Minnesota Rules, part 9503.0155, subpart 4, indoor and outdoor space to be used for child care must be designated on a facility floor plan. This space must be exclusively used for child care by the center during the hours of operation. The initial application for licensure and the center’s administrative record must contain a floor plan of the center. Precise scale drawings are not required. The plan must indicate the dimensions and location of all areas of the center designated for the provision of child care, planned use of each area and size and location of areas used for outdoor activity. Reconsideration Determination. Records show that the two toddler classrooms had previously been combined into one without licensing approval, and the classroom was later approved as one classroom on December 18, 2023. During the licensing visit, it was determined that the toddler classroom had been split back into two classrooms. It was also determined that a previously unapproved administrative space was used as a large motor space for children. The changes were made without licensing approval. Although you indicated in the reconsideration request that you tried to seek technical assistance regarding changes in the provider hub, you did not contact your licensor and did not indicate during the exit interview that you had difficulty with the change request. There is sufficient evidence to support the citation and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citations, and they are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on October 30, 2024, you were ordered to correct the violations cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2(a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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