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January 7, 2025 Courtney Greiner, Authorized Agent Esko Minis Childcare and Preschool 75 Parkview Lane Carlton, MN 55718 License Number 1081768 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Courtney Greiner: The Department of Human Services (DHS) is ordering you to pay a fine of $1600 for eight out nine background study violations that occurred at Esko Minis Childcare and Preschool, located at 2 Beth Ann Drive, Esko, Minnesota. 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 13, 2024 1. While preparing for a licensing review, a DHS licensor determined that eight staff persons 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 October 3, 2024. You initiated a background study request on October 3, 2024. However, SP1 did not submit the required documents, SP1’s background study was closed on October 18, 2024, and you were informed to immediately remove SP1 from a position allowing direct contact services to persons served by the program. You allowed SP1 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP1, you initiated another background study request on November 13, 2024, and received a notice from DHS on November 15, 2024. SP2 began working in a position allowing direct contact services to persons served by the program on April 25, 2024. You initiated a background study request on April 25, 2024. However, SP2 did not submit the required documents, SP2’s background study was closed on May 10, 2024, and you were informed to immediately remove SP2 from a position allowing direct contact services to persons served by the program. You allowed SP2 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP2, you initiated another background study request on November 13, 2024, and received a notice from DHS on November 15, 2024. SP3 began working in a position allowing direct contact services to persons served by the program on August 31, 2024. You initiated a background study request on August 19, 2023. However, SP3 did not submit the required documents, SP3’s background study was closed on September 3, 2024, and you were informed to immediately remove SP3 from a position allowing direct contact services to persons served by the program. You allowed SP3 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP3, you initiated another background study request on November 13, 2024, and received a notice from DHS on November 16, 2024. SP4 began working in a position allowing direct contact services to persons served by the program on June 20, 2024. You initiated a background study request on June 20, 2024. However, SP4 did not submit the required documents, SP4’s background study was closed on July 5, 2024, and you were informed to immediately remove SP4 from a position allowing direct contact services to persons served by the program. You allowed SP4 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP4, you initiated another background study request on November 14, 2024, and received a notice from DHS on November 20, 2024. SP5 began working in a position allowing direct contact services to persons served by the program on June 3, 2024. You initiated a background study request on June 3, 2024. However, SP5 did not submit the required documents, SP5’s background study was closed on June 18, 2024, and you were informed to immediately remove SP5 from a position allowing direct contact services to persons served by the program. You allowed SP5 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP5, you initiated another background study request on November 13, 2024, and received a notice from DHS on November 16, 2024. SP6 began working in a position allowing direct contact services to persons served by the program on August 22, 2024. However, you did not initiate a background study request until August 24, 2024. SP6 did not submit the required documents, SP6’s background study was closed on September 6, 2024, and you were informed to immediately remove SP6 from a position allowing direct contact services to persons served by the program. You allowed SP6 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP6, you initiated another background study request on November 13, 2024, and received a notice from DHS on November 15, 2024. SP7 began working in a position allowing direct contact services to persons served by the program on June 17, 2024. You initiated a background study request on June 17, 2024. However, SP7 did not submit the required documents, SP7’s background study was closed on July 2, 2024, and you were informed to immediately remove SP7 from a position allowing direct contact services to persons served by the program. You allowed SP7 to continue providing direct contact services to persons served by your program. After being notified by the DHS licensor to remove SP7, you initiated another background study request on November 14, 2024, and received a notice from DHS on November 17, 2024. SP8began working in a position allowing direct contact services to persons served by the program on May 28, 2024. You initiated a background study request for SP8 May 28, 2024. It was determined through a review of documentation that SP8 had direct contact with children prior to receiving a notice from DHS on June 4, 2024. Because you self-corrected the background study violation involving SP8 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP9. Statute Violated: Minnesota Statutes, section 245C.13, subdivision 2. 2. While preparing for a licensing visit, a DHS licensor determined you failed to repeat a background study for one child care program staff within five years of the staff person’s most recent study. SP9 began working in a position allowing direct contact services to persons served by the program on September 7, 2021. You initiated a background study request for SP9 on September 7, 2021. SP9’s fingerprints were taken on September 17, 2019. Because SP9’s fingerprints were taken on September 17, 2019, SP9’s background study expired on September 4, 2024. After being notified by DHS to remove SP9 from a position allowing direct contact services to persons served by the program you initiated a background study request on November 13, 2024. SP9 worked without a background study from September 4, 2024, to November 13, 2024. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (b). Fee: $1600 (nine background study violations - eight fineable at $200 per violation)8 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 $1600 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. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment. 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). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · 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. · 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 Manager Licensing Division Office of Inspector General
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