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January 7, 2025 Wilmar Delgado-Rodriguez, Authorized Agent Minnehaha Area Child Care 5712 Cedar Ave S Minneapolis, MN 55417 License Number: 1109801 (Child Care Center) ORDER OF CONDITIONAL LICENSE Dear Wilmar Delgado-Rodriguez: The Department of Human Services (DHS) is placing your license to provide child care services at Minnehaha Area Child Care, 5712 Cedar Ave S, Minneapolis, MN 55417, on conditional status for two years, beginning January 17, 2025. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with child care center licensing 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 30, 2024, DHS licensors conducted a licensing review and investigation at your facility located at 5712 Cedar Ave S, Minneapolis, MN 55417. As a result of this licensing visit, the DHS licensors determined that your program failed to comply with the laws and rules that apply to licensed child care centers, citing 26 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: On September 30, 2024, DHS licensors determined 26 licensing violations. Nineteen of the 26 violations are repeat violations for which you were previously cited. Numerous violations are related to the health and safety of children, including failure to comply with the following licensing requirements: · Background studies – background study violations were addressed in a separate Order to Pay a Fine on October 30, 2024 · Staff distribution · Ensuring hazardous items are inaccessible to children · Staff training, including in-service hours, CPR and First-Aid, Child development and Learning · Staff qualifications · Behavior guidance · United States Department of Agriculture (USDA) nutritional guidelines for meals and snacks · Maintaining equipment in good repair · Medication administration · Chronicity: Your program received its license on November 1, 2021. Since that time, your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history:) o January 7, 2025 Conditional License (this order): 26 violations (19 repeat) o October 30, 2024 Order to Pay a Fine: $200 background study fine o May 6, 2024 Correction Order: 1 violation (1 repeat) o September 13, 2023 Correction Order: 17 violations (4 repeat) o June 21, 2023 Correction Order: 1 violation (1 repeat) o November 8, 2022 Correction Order: 12 violations (1 repeat) o July 7, 2022 Correction Order: 6 violations (1 repeat) o April 6, 2022 Correction Order: 6 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 license to provide child care services is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. PROGRAM PRACTICES 1. Violation: The allowable maximum group size was exceeded. At approximately 11:47 a.m. on the day of the licensing visit, there were 16 toddler-aged children sitting all together in group time in the Caterpillar classroom. The maximum group size for the toddler age group is 14 children. Rule Violated: Minnesota Rules, part 9503.0040, subpart 1 2. Violation: Staff distribution requirements were not maintained. On the day of the licensing visit, there was one teacher and two aides supervising 16 toddlers in the Caterpillar classroom. To maintain staff distribution requirements, a teacher, an assistant teacher, and an aide were required. Rule Violated: Minnesota Rules, part 9503.0040, subpart 2. 3. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. On the day of the licensing visit, two aides were supervising 13 children in the Butterfly classroom. To maintain staff distribution requirements, a teacher qualified staff person was required. Rule Violated: Minnesota Rules, part 9503.0034, subpart 1; and part 9503.0040, subpart 2, item D Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. HEALTH PRACTICES 4. Violation: A staff person did not wash their hands with soap and water after changing a diaper. A staff person in the Caterpillar classroom did not wash their hands after changing a child’s diaper. Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated April 7, 2022. 5. Violation: Food allergy information was not readily available to staff where food is prepared. There was no food allergy information available in the kitchen where food was prepared for children with allergies. Rule Violated: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. FOOD AND WATER 6. Violation: Meals did not comply with the nutritional requirements of the USDA. It was determined through conversations with staff persons that a child in the Caterpillar classroom was served almond milk as a fluid milk alternative. Almond milk does not meet the USDA requirements for the fluid milk meal component. Rule Violated: Minnesota Rules, part 9503.0145, subpart 4 Repeat Violation: The license holder was cited for a similar violation in the following orders: o Correction Order dated November 29, 2022 o Correction Order dated April 7, 2022 7. Violation: Snack did not comply with USDA requirements. o Snack did not include two of the four food components identified by the USDA (fluid milk, juice or fruit or vegetable, meat or meat alternate, bread/bread alternate or cereal). o Two fruits or two vegetables were provided for snack. The preschool and toddler snack menu documented that: o On Mondays, children are served two fruits in the morning and one fruit in the afternoon. Two different meal components are required for snack. o On Wednesdays, children are served fruit cups in the afternoon. Two different meal components are required for snack. o On Thursdays, children are served gelatin dessert in the afternoon. Gelatin dessert does not meet the USDA requirements for a meal component. Rule Violated: Minnesota Rules, part 9503.0145, subpart 2 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated April 6, 2022. MEDICATION/FIRST AID 8. Violation: Written parental permission had not been obtained for administering medicine. The program had not obtained written parental permission to administer emergency medications as listed on a child's ICCPP. Rule Violated: Minnesota Rules, part 9503.0140, subpart 7, item A Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. 9. Violation: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. o There was a package of diaper wipes stored on a low shelf in the Dragonfly classroom, accessible to children. o There was a first aid backpack stored on a low shelf by the back door in the Caterpillar classroom. A package of diaper wipes was stored in the front pocket of the backpack, accessible to children. o There was a package of diaper wipes stored on a low shelf in the Firefly classroom, accessible to children. o There was emergency medication stored in a first aid backpack in the Butterfly classroom that was located on top of a low, floor-based air purifier, accessible to children. Rule Violated: Minnesota Rules, part 9503.0140, subpart 7, item E Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. FACILITY 10. Violation: The program did not comply with cleanliness requirements. The indoor space was not clean. o At approximately 11:45 a.m., DHS licensors observed food debris on the ground under the tables in the Caterpillar classroom, left over from breakfast. o The floor and the blue rubber grate cover between the bathroom stalls in the downstairs front bathroom were visibly soiled. As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch.' Rule Violated: Minnesota Rules, part 9503.0140, subpart 9 11. Violation: The DHS licensor observed that hazardous objects were accessible to children. o Pea gravel had eroded away in multiple areas on the toddler and preschool playgrounds causing the black landscape material underneath to be exposed and exposing the sharp edges of the cement footings of the pergola and the wooden fence posts surrounding the playground. o There were push pins on low bulletin boards in the downstairs hallway and in the music room. o There were boxes of vinyl gloves stored on a low shelf in the downstairs back bathroom used by preschool-aged children. o A container of mixed sharp items including metal screws and paper clips was stored on a low shelf in the Butterfly classroom (preschool). o A bottle of hand sanitizer labeled "keep out of reach of children" was stored in the outside pocket of a first aid backpack that was located on top of a low, floor-based air purifier in the Butterfly classroom. (preschool) o There was a box of plastic gloves stored on a low shelf in the Butterfly classroom. (preschool) o There was a box of plastic gloves stored on a low shelf in the Firefly classroom (preschool). o There were used empty soda cans with sharp edges on a mural hanging low on the wall in the Firefly classroom. (preschool) o There was a box of vinyl gloves stored on a low countertop in the Caterpillar classroom (toddler). o There was a low, uncovered garbage can in the middle of the Caterpillar classroom. The garbage can was full causing the vinyl glove that was recently disposed of in the garbage can to be accessible to children. (toddler) Rule/Statute Violated: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) and Minnesota Rules, part 9503.0140, subpart 17 Repeat Violation: The license holder was cited for a similar violation in the following orders: o Correction Order dated September 18, 2023 o Correction Order dated July 12, 2022 12. Violation: Equipment and furniture were not in good repair. o Cardboard blocks in the Dragonfly classroom were in disrepair with torn and bent edges. o The large soft blocks in the large motor room were ripped and fraying on the edges. o Carpet squares used for circle time in the Butterfly classroom were fraying on the edges. Rule Violated: Minnesota Rules, part 9503.0140, subpart 19 Repeat Violation: The license holder was cited for a similar violation in the following orders: o Correction Order dated July 12, 2022 o Correction Order dated April 7, 2022 13. Violation: Areas used by the children were not in good repair. o There was peeling paint on the wall in the reading area in the Dragonfly classroom. o There was chipping and peeling paint on the playhouse and the back shed on the preschool playground. o There were holes in the drywall and chipping paint on the back wall in the stairwell next to the playground exit door. Rule Violated: Minnesota Rules, part 9503.0140, subpart 20 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. 14. Violation: A rug or rugs: o were curled or had frayed edges; and o had hazardous wrinkles. A rug in the reading area in the Dragonfly classroom had hazardous wrinkles. The black floor mat in the first stall in the downstairs front bathroom was curling on the edges. Rule Violated: Minnesota Rules, part 9503.0140, subpart 20 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. BEHAVIOR GUIDANCE 15. Violation: The program violated the behavior guidance policy prohibiting certain actions. It was determined through interviews with staff persons that separations due to behavior guidance had occurred outside of rule guidelines on multiple occasions in the Butterfly and Firefly classrooms in August and September of 2024. On one occasion, a child was separated outside of the classroom. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. On two occasions, children were separated for a specified amount of time. Children who require separation from the group must be returned to the group as soon as the behavior that precipitated the separation abates or stops. On one occasion, a child was separated before all less intrusive behavior guidance techniques were tried and failed. No child may be separated from the group unless less intrusive methods of guiding the child’s behavior have been tried and were ineffective. Rule Violated: Minnesota Rules, part 9503.0055, subpart 3 Repeat Violation: The license holder was cited for a similar violation in the following orders: o Correction Order dated July 10, 2024 o Correction Order dated November 29, 2022 16. Violation: The daily log for recording separations did not include documentation of all separations from the group because of behavior guidance. It was determined through interviews with staff persons that separations due to behavior guidance had occurred multiple times in August and September of 2024, however, there were no separations documented since May of 2023. Rule Violated: Minnesota Rules, part 9503.0055, subpart 5; and part 9503.0115, item G Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. STAFF QUALIFICATIONS 17. Violation: The program did not have documentation on site to show that 1 of 3 (SP9) staff persons met the education requirements of the teacher job classification for which the staff person was employed. Rule Violated: Minnesota Rules, part 9503.0032, subpart 2; and part 9503.0120, item B Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. 18. Violation: The program did not have documentation on site to show that 2 of 3 (SP1 and SP3) staff persons met the education requirements of the assistant teacher job classification for which the staff person was employed. Rule Violated: Minnesota Rules, part 9503.0033, subpart 2; and part 9503.0120, item B STAFF TRAINING 19. Violation: The required in-service training had not been completed for 3 of 5 (SP1, SP4 and SP8) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year (2023). In-service training did not include: o the required number of in-service training hours for the previous concluded calendar year (SP1 and SP8); o training on abusive head trauma that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5a (SP1); o training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP1); o training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP1 and SP4); o training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP1); o training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP1 and SP4); o training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP1 and SP4); o training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP1); o training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP1 and SP4); o training on individual child care program plan as required by Minnesota Rules, part 9503.0065, subpart 3 (SP1 and SP4); o training on cultural dynamics every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (4) (SP1); and o training on disabilities every two years as required by Minnesota Statutes, section 245A.40, subdivision 7(5) (SP1). There was no documentation that SP1 completed all required annual in-service trainings for 2023. SP1 completed a total of 3 hours of in-service training in 2023. Twenty-four hours of training was required. There was no documentation that SP4 completed all required annual trainings for 2023. There was no documentation that SP8 completed all required annual in-service trainings for 2023. SP8 completed a total of 9 hours of in-service training in 2023. Twenty hours of training was required. Statute Violated: Minnesota Statutes, section 245A.40, subdivision 7 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. 20. Violation: The program did not comply with requirements for an allergy-related Individual Child Care Program Plan (ICCPP). Documentation was not available to show that staff persons reviewed an allergy-related ICCPP. There was no documentation available to show that 1 of 1 (SP11) staff persons had reviewed an allergy-related ICCPP for a child. On the day of the licensing visit, SP11 was working in a classroom with a child with a diagnosed food allergy. There was no documentation on site that SP11 has reviewed the child's allergy-related ICCPP. Statute Violated: Minnesota Statutes, section 245A.41, subdivision 1, paragraph (b) Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. 21. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 2 of 9 (SP12 and SP14) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment before unsupervised contact with a child. Statute Violated: Minnesota Statutes, section 245A.40, subdivision 4 and Minnesota Rules, part 9503.0120, subpart D Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. 22. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 3 of 11 (SP7, SP12 and SP14) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training before unsupervised direct contact with a child. Although there was documentation that SP7 had completed pediatric CPR training, there was no documentation that SP7 completed the required pediatric first aid training within 90 days of hire or prior to unsupervised direct contact with children. (SP7) Statute Violated: Minnesota Statutes, section 245A.40, subdivision 3 and Minnesota Rules, part 9503.0120, subpart D Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated September 18, 2023. 23. Violation: The program did not comply with child development and learning training requirements. Documentation was not available on site to show that 7 of 11 (SP2, SP7, SP9, SP11, SP12, SP13 and SP14) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed training within 90 days of employment. Statute Violated: Minnesota Statutes, section 245A.40, subdivision 2 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. CHILDREN WITH SPECIAL NEEDS 24. Violation: There was not a written individual child care program plan on file for 1 of 1 (C2) children with special needs that specifies methods of implementation. The health care summary for C2 documented a developmental delay. The program did not develop an ICCPP for this diagnosed special need. (C2) Rule Violated: Minnesota Rules, part 9503.0065, subpart 3 Repeat Violation: The license holder was cited for a similar violation in a Correction Order dated November 29, 2022. EMERGENCY PREPAREDNESS 25. Violation: The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center's emergency plan was completed in 2023.
Statute Violated: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d) 26. Violation: The license holder did not provide a physical or electronic copy of the emergency plan to children's parents upon enrollment. It was determined through conversations with administrative staff persons that a copy of the emergency plan was not given to parents upon enrollment. Statute Violated: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (e) 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 child care center requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Additionally, DHS will not approve a request to increase your child care services from the date of this order until the time your conditional license expires. CONDITIONAL LICENSE TERMS In addition to the child care center licensing rules and 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 license 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 license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. 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 245A.40, as well as training on your risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 3You also must ensure that new hires successfully complete all applicable training. You must maintain documentation of the completed training in each staff person’s personnel record. 3. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees who will have direct contact with children served by the program. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and the date the background study request was submitted to DHS 4. On a monthly basis while your license is on conditional status, you must complete staffing patterns that identify every staff person and his/her job title included in the staff-to-child ratio for each classroom and maintain all completed staffing patterns onsite. The staffing information must be documented on the enclosed form titled “Staffing Patterns,” must be completed separately for each classroom, and must include the total number of children in attendance each hour for each classroom. The documentation must include the time each person takes their break, if applicable, and identify the name of the person who replaces them. Staffing patterns must be completed at the beginning of each month, maintained on site, and made immediately available to the Commissioner upon request. Within 30 days from the receipt of this order, you must develop a plan to ensure staff-to-child ratios are maintained at all times and submit the plan to your licensor for approval. 5. While your license is on conditional status, you must complete daily maintenance, cleanliness, and hazard checks of the facility, equipment, and outdoor play areas, and maintain documentation onsite to show that the checks have been completed. This documentation must be made immediately available to the Commissioner during onsite inspection and otherwise requested. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you choose 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 10 calendar days from the date of issue. If you do not meet this deadline, you lose your right to request reconsideration. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision and run for two years from that date. You continue to be required to comply with all licensed child care center laws and rules. Posting of this licensing action You are required to place this Order of Conditional License 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.06, subdivision 1. · Licensed child care centers are required to follow Minnesota Rules, Chapter 9503 to 9503.0170 and Minnesota Statutes, Chapters 245A, 245C, and 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Meg Holmen, Supervisor, at 651-431-6030, extension 4013. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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