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December 20, 2024 CERTIFIED MAIL Amber Lundeen 15638 Cornell Trail Rosemount, MN 55068-4689 License Number 1082954 FCC ORDER TO PAY A FINE FOR MALTREATMENT Dear Ms. Lundeen: Based on the recommendation of Dakota County Community Services (Dakota County), the Department of Human Services (DHS) is ordering you to pay a fine of $1000 for a determination of maltreatment. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR FINE Determination of Maltreatment It was report that a child in care left your program unattended and was found down the street by a community member. Dakota County investigated the report as alleged maltreatment by neglect. Based on the maltreatment investigation, Dakota County determined that you were responsible for neglect of a minor, specifically because you failed to provide the required supervision when a child in care left your program. On August 28, 2024, Dakota County notified you of the maltreatment determination and of your right to request reconsideration. You did not make a timely request for reconsideration. The maltreatment determination is now final. If you appeal this fine order, as described below, the maltreatment determination will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2(a) Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3 paragraph (a) subparagraph (1). Total Fine Amount Because Dakota County determined that you are responsible for maltreatment of a minor, you must pay a $1000 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4)(i). Billing and Payment of the Fine DHS will send you an invoice for the $1000 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. If this occurs, you are personally 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. YOUR RIGHT TO APPEAL You have the right to 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. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 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.lawhelpmn.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. Prohibition against providing legally unlicensed child care On June 13, 2024, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. 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 · 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)(4)(i) provides that DHS shall impose a $1000 fine for each determination of maltreatment for which the license holder is determined responsible. · When a fine order is based on a maltreatment determination for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the fine shall also include the maltreatment under Minnesota Statutes, section 245A.08, subdivision 2a. · “Serious maltreatment” is defined in Minnesota Statutes, section 245C.02, subdivision 18. · 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. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(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)(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. · 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 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Amy Novak, Dakota County Community Services
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