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January 6, 2025 Sara Mulso, Authorized Agent Woodbury Lutheran Preschool 7380 Afton Road Woodbury, MN 55125 License Number 802729 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Sara Mulso: The Department of Human Services (DHS) is ordering you to pay a fine of $2000 for ten out of eleven background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirement: Background Study Violation Determined on November 14, 2024: 1. During a licensing review, a DHS licensor determined that one staff person provided direct contact services to persons served by the program prior to receiving a notice from DHS. SP1 began working in a position allowing direct contact services to persons served by the program on September 5, 2023. You initiated a background study request for SP1 January 6, 2023. However, DHS did not receive all the required documents and SP1’s background study was closed on March 20, 2023. You initiated another background study request on December 14, 2023. On December 14 and 15, 2023, you received a notice that more time was needed to complete SP1’s background study request. On January 17, 2024, SP1’s background study was closed because DHS did not receive all the required documents. You updated your background study on January 18, 2024. You received a notice from DHS on January 30, 2024, that SP1’s background was completed and cleared. SP1 worked at the program prior to receiving a notice from DHS. 2. While preparing for a licensing review, a DHS licensor determined you failed to repeat a background study for ten child care program staff within five years of the staff person’s most recent study. SP2 began working in a position allowing direct contact services to persons served by the program on January 3, 2024. You initiated an enhanced background study request for SP2 on December 13, 2023. SP2’s fingerprints were taken on August 13, 2019. Because SP2’s fingerprints were taken on August 13, 2019, SP2’s background study expired on August 19, 2024. However, you did not initiate a new background study request for SP2 until September 12, 2024. SP3 began working in a position allowing direct contact services to persons served by the program on October 12, 2019. You initiated an enhanced background study request for SP3 on September 4, 2019. SP3’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP3 until September 12, 2024. SP4 began working in a position allowing direct contact services to persons served by the program on September 11, 2011. You initiated an enhanced background study request for SP4 on September 4, 2019. SP4’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP4 until September 12, 2024. SP5 began working in a position allowing direct contact services to persons served by the program on September 5, 2017. You initiated an enhanced background study request for SP5 on September 6, 2019. SP5’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP5 until September 12, 2024. SP6 began working in a position allowing direct contact services to persons served by the program on Augst 17, 2016. You initiated an enhanced background study request for SP6 on September 4, 2019. SP6’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP6 until September 12, 2024. SP7 began working in a position allowing direct contact services to persons served by the program on September 19, 2012. You initiated an enhanced background study request for SP7 on September 6, 2019. SP7’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP7 until September 12, 2024. SP8 began working in a position allowing direct contact services to persons served by the program on September 5, 2023. You initiated an enhanced background study request for SP8 on August 24, 2023. SP8’s fingerprints were taken on September 6, 2019. Because SP8’s fingerprints were taken on September 6, 2019, SP8’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP8 until September 18, 2024. SP9 began working in a position allowing direct contact services to persons served by the program on September 7, 2017. You initiated an enhanced background study request for SP9 on September 5, 2019. SP9’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP9 until September 18, 2024. SP10 began working in a position allowing direct contact services to persons served by the program on September 5, 2019. You initiated an enhanced background study request for SP10 on September 6, 2019. SP10’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP10 until September 23, 2024. SP11 began working in a position allowing direct contact services to persons served by the program on March 8, 2017. You initiated an enhanced background study request for SP11 on September 4, 2019. SP11’s background study expired on September 11, 2024. However, you did not initiate a new background study request for SP11 until September 25, 2024. Although you corrected the background study violations involving SP2, SP3, SP4, SP5, SP6, SP7, SP8, SP9, SP10, and SP11, by submitting the background study before a DHS licensor became aware of the violations, at least 365 days had not passed since you previously self-corrected the background study for SP1 so DHS is issuing a fine for SP2, SP3, SP4, SP5, SP6, SP7, SP8, SP9, SP10, and SP11. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (b); and section 245C.07, subdivision 1, paragraph (a). Fine: $2000 (eleven background study violations – ten fineable at $200 per violation) Corrective Action Required: 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. Billing and Payment of the Fine After 10 calendar days from the date of this letter, DHS will issue you an invoice for the $2000 fine through the Provider Hub. 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 this fine. 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 deadline 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. 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. 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.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 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 · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · 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, Chad Kratzke, Unit Supervisor, at 651-431-6030, extension 4018. Sincerely,
Peggy Cunningham, Unit Supervisor Licensing Division Office of Inspector General
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