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January 14, 2025 Nancy Belden, Authorized Agent Kidz Zone Daycare Center 46690 Eagle Flight Garrison, MN 56450 License Number: 1111305 (Child Care Center) Program Location: 201 Wall Street S., Onamia, MN 56359-2560
Dear Nancy Belden: On October 22, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations 1 and 9 in the Correction Order issued to you by the Department of Human Services on October 15, 2024. You did not challenge the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Staff distribution requirements were not maintained. Specifically, a teacher or assistant teacher did not directly supervise an aide when, at approximately 9:30 a.m. on September 11, 20204, an aide-qualified staff was supervising seven toddlers. A teacher-qualified staff person was required. Request for Reconsideration. You indicated in your reconsideration request that SP1 had the education and experience to be teacher-qualified due to previous nanny experience. You submitted information regarding a childcare matching service along with a personnel information form regarding SP1. The personnel information form shows SP1 previously worked 700 hours as a paraprofessional and 3500 hours as a nanny. Applicable Law. Under Minnesota Rules, part 9503.0034, subpart 1, an aide is defined as a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. Under Minnesota Rules, part 9503.0040, subpart 2, item D, staff distribution within each age category must follow the specified pattern, including that the first staff member needed to meet the required staff-to-child ratio must be a teacher. Reconsideration Determination. Because SP1 was working alone with seven toddlers and did not qualify as a teacher (as explained in citation 9), there is sufficient evidence to support the citation and it is affirmed. Citation 9: Violation: The program did not have documentation on site to show that 1 of 1 (SP1) staff persons met the experience requirements of the teacher job classification for which the staff person was employed. Request for Reconsideration. You indicated in your reconsideration request that SP1 had the education and experience to be teacher-qualified due to previous nanny experience. You submitted information regarding a childcare matching service along with a personnel information form regarding SP1. The personnel information form shows SP1 previously worked 700 hours at a school and 3500 hours as a nanny. Applicable Law. Under Minnesota Rules, part 9503.0032, subpart 2, teachers must have required education and experience as specified. Under Minnesota Rules, part 9503.0120, item B, the license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain the staff person’s documentation indicating that the staff person meets the requirements of the staff person’s job position and the education and experience requirements specified in parts 9503.0031 to 9503.0034. Reconsideration Determination. Although transcripts for SP1 showed a minimum of 16 semester hours of approved coursework, there was no documentation to show SP1 had the required 4,160 experience hours. The personnel information form you submitted showed 3,500 hours of experience as a nanny, which does not qualify as required experience. Because SP1 did not have the required experience hours to be qualified as a teacher, s/he qualified as an aide as indicated on the personnel information form. There is sufficient evidence to support the citation and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citations, and they are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on October 15, 2024, you were ordered to correct the violations cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2(a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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