|
January 15, 2025 Stephanie Thooft, Authorized Agent Lakes Area Enrichment Center 260 State Highway 55 N Glenwood, MN 56334 License Number: 1035820 (Child Care Center) Program Location: 500 John Street, Starbuck, MN, 56381
Dear Stephanie Thooft: On October 30, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citations n the Correction Order issued to you by the Department of Human Services on October 29, 2024. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Specifically, documentation was not available on site to show that 2 of 3 (SP1 and SP3) 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 within 90 days of the start of work within the previous two years (SP1) and before unsupervised contact with a child (SP1 and SP3). Request for Reconsideration. You indicated in your reconsideration request that you emailed the training provider at the beginning of September but did not hear back until October 21, 2024. You provided copies of emails and text messages. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 4, unless training has been completed within the previous two years, staff persons must satisfactorily complete pediatric CPR training that meets the specified requirements. Pediatric CPR training must be completed prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Under Minnesota Rules, part 9503.0120, subpart D, 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 documentation, when applicable, that the staff person has completed required first aid and CPR trainings. Reconsideration Determination. Documentation reviewed at the time of the licensing visit showed SP1 had an unsupervised contact date of August 11, 2024. You did not provide any documentation during the licensing review or with your reconsideration request to show SP1 successfully completed the required training. SP3 had a date of unsupervised contact of September 30, 2024, and required training was not completed until October 8, 2024. Because there was no documentation that SP1 and SP3 completed the required training prior to their dates of unsupervised contact, there is sufficient evidence to support the citation and it is affirmed. Citation 2: Violation: The program did not comply with first aid training requirements. Specifically, documentation was not available on site to show that 2 of 3 (SP1 and SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training within 90 days of the start of work within the previous two years (SP1) and before unsupervised direct contact with a child (SP1 and SP3). Request for Reconsideration. You indicated in your reconsideration request that you emailed the training provider at the beginning of September but did not hear back until October 21, 2024. You provided copies of emails and text messages. Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 3, unless training has been completed within the previous two years, staff persons must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Under Minnesota Rules, part 9503.0120, subpart D, 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 documentation, when applicable, that the staff person has completed required first aid and CPR trainings. Reconsideration Determination. Documentation reviewed at the time of the licensing visit showed SP1 had an unsupervised contact date of August 11, 2024. You did not provide any documentation during the licensing review or with your reconsideration request to show SP1 successfully completed the required training. SP3 had a date of unsupervised contact of September 30, 2024, and required training was not completed until October 8, 2024. Because there was no documentation that SP1 and SP3 completed the required training prior to their dates of unsupervised contact, 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 29, 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
|
