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January 9, 2025 Tara Bruening, Authorized Agent American Indian Family and Children’s Services 25 Empire Drive St. Paul, MN 55103-1856 License Number: 806137 Rule 4 Licensing and Placing Agency Report Number: 202405555 CORRECTION ORDER Dear Ms. Bruening: On June 24, 2024, DHS Licensing received a complaint about your program. The Department of Human Services (DHS) conducted a licensing investigation of your program located at 25 Empire Drive, St. Paul, MN. As a result of the investigation, DHS determined that you are in violation of two of the licensing rules and statutes. As a result, DHS is issuing this order which requires you to take the correction action as described below. Details of our findings are provided below. Our next steps and your options are also detailed. LICENSING VIOLATIONS DHS determined that your program failed to follow licensing rules and statutes, as described below. 1. Violation: AIFACS failed to assess and recommend a variance to DHS for an applicant, FP1, who had not been free of chemical use problems for two years. AIFACS recommended a child foster care license be issued to FP1 on April 11, 2024, despite FP1 reporting that they had a chemical use problem, and their date of last use was in October 2022. Rules Violated: Minnesota Rules, part 9543.0040, subpart 5; and Minnesota Rules, part 2960.3060, subpart 3, paragraph C. 2. Violation: AIFACS failed to consult with a specialist in order to evaluate FP1 after they disclosed in their application materials a recent history of chemical health and mental health concerns. Rules Violated: Minnesota Rules, part 9543.0040, subpart 5; and Minnesota Rules, part 2960.3060, subpart 3, paragraph G. Corrective action required You must submit documentation to your licensor within 30 days from when you receive this order explaining how you will ensure that each application is thoroughly assessed and meets the minimum requirements of child foster care laws and rules prior to recommending a license. RECOMMENDATIONS The following recommendation(s) are not requirements of the licensing rules and statutes that govern your services or facility. DHS has provided the recommendations below to call your attention to areas where your facility is in minimum compliance with the requirements of applicable rules or statutes. DHS recommends that you comply with the following recommendations to ensure that you continue to meet the requirements of applicable licensing rules and statutes. Your failure to follow these recommendations will not result in a fine or action against your license at this time. However, should your failure to follow these recommendations result in a violation of rules or laws at a future date, you will be cited for noncompliance and DHS could issue a fine or other licensing action. 1. Recommendation: AIFACS recommended that a child foster care license be issued to FP1 despite FP1 reporting that they had not been free of chemical use problems for two years and had a recent history of mental health concerns. A few months after FP1 was licensed, DHS issued a temporary immediate suspension of their license due to imminent risk concerns in the program. · All new and existing AIFACS licensing staff will attend the MN Child Welfare Training titled “Assessing Prospective Foster and Adoptive Parents.” New staff will attend the training prior to completion of their first home study assessment; existing staff will attend the training within 3 months of this order. · All AIFACS staff will review licensing regulations contained in Minnesota Rules, 2960 and 9543, and Minnesota Statutes, 245A and 245C with all agency staff within 3 months of this order. · All AIFACS licensing staff will review the DHS chemical use variance policy and procedures with all agency staff within 30 days of this order. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order in writing. Your request must: 1. Specify the parts of the correction order that are alleged to be in error; 2. Explain why they are in error; and 3. Include documentation to support the allegation of error. If you are mailing your request, it must be received by DHS within 20 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: 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 20 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 The legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · This Licensing and Placing Agency (Rule 4) must maintain compliance with the licensing statutes and rules. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 2. Questions If you have any further questions regarding this matter, you may contact me at 651-431-3512. Sincerely, Cory Jelinek, Supervisor Licensing Division Office of Inspector General
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