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January 15, 2025 Michelle Espelien, Authorized Agent Kids of Peace Preschool 21705 129th Avenue North Rogers, MN 55374-4639 License Number: 1037143 (Child Care Center) Program Location: 21705 129th Avenue North, Rogers, MN 55374-4639
Dear Michelle Espelien: On November 14, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 4 in the Correction Order issued to you by the Department of Human Services on November 6, 2024. You did not challenge the remaining citations, and the citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 4: Violation: During the licensing visit, the licensor observed that hazardous objects were accessible to children. Specifically, the licensor observed one personal bag stored on a child-sized chair, and a personal backpack was stored on the floor near the group area. Also, three swings and one slide on the wooden play structure with packed earth as a fall zone. Packed earth is not acceptable surface because a fall on a hard surface can result in serious injury. Request for Reconsideration. You indicated in your reconsideration request that “the bag was put up after the license holder mentioned it” and therefore corrected on site. Applicable Law. Under Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e) child care centers must develop a risk reduction plan that identifies generals risks to children served by the child care center, and the plan shall prohibit the accessibility of hazardous items to children. Under Minnesota Rules, part 9503.0140, subpart 17, sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Reconsideration Determination. An image taken on the date of the licensing visit while children were present in the classroom shows a personal purse/bag on a child-sized chair. You do not dispute that the violation occurred but rather indicate that it was corrected during the licensing visit as to one of the personal items. You did not submit any information to challenge the citation as it relates to the packed earth surface or the other personal item that was accessible to children. 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 citation, and it is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on November 6, 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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