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January 21,2025 Mohamed Said, Authorized Agent Ikram Childcare Center 1500 Nicollet Avenue, Apt 233 Minneapolis, MN 55403 License Number: 1101527 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Mohamed Said: The Department of Human Services (DHS) is ordering you to pay a fine of $1800 for nine background study violations that occurred at Ikram Childcare Center, located at 3504 Snelling Avenue, Minneapolis, 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 27, 2024: 1. While preparing for a licensing review, a DHS licensor determined you failed to meet the background study requirements for five staff persons working in a position allowing direct contact with children served by the program. SP1 began working in a position allowing direct contact services to persons served by the program on August 3, 2020. You initiated a COVID-19 emergency background study request on August 7, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. After being notified by the DHS licensor to remove SP1 you initiated an enhanced background study request for SP1 on December 4, 2024. SP2 began working in a position allowing direct contact services to persons served by the program on August 30, 2020. You initiated a COVID-19 emergency background study request on August 29, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. After being notified by the DHS licensor to remove SP2 you initiated an enhanced background study request for SP2 on December 4, 2024. SP3 began working in a position allowing direct contact services to persons served by the program on April 1, 2021. You initiated a COVID-19 emergency background study request on August 7, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. The DHS licensor issued an immediate background study action required on November 7, 2024, to notify you to remove SP3 from a position allowing direct contact services. SP4 began working in a position allowing direct contact services to persons served by the program on August 1, 2020. You initiated a COVID-19 emergency background study request on August 7, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. After being notified by the DHS licensor to remove SP4 you initiated an enhanced background study request for SP2 on December 4, 2024. You removed SP4 from your active roster on December 19, 2024. You initiated another background study request for SP4 on December 25, 2024. SP5 began working in a position allowing direct contact services to persons served by the program on November 29, 2023. You initiated a background study request on November 27, 2024. SP5’s fingerprints were taken on May 15, 2019. Because SP5’s fingerprints were taken on May 15, 2019, SP5’s background study expired on May 17, 2024. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (b) and (h). 2. While preparing for a licensing review, a DHS licensor determined you failed to repeat a background study for two child care program staff within five years of the staff person’s most recent study. SP6 began working in a position allowing direct contact services to persons served by the program on June 17, 2020. You initiated a background study request on December 2, 2019. SP6’s background study expired on May 2, 2024. After being notified by DHS to remove SP6 you initiated an enhanced background study request for SP6 on November 27, 2024. However, SP6’s fingerprints were not submitted within 14 days and the background study was closed on December 13, 2024, and you were informed to immediately remove SP6 from a position allowing direct contact services. You initiated another background study request on December 25, 2024. SP7 began working in a position allowing direct contact services to persons served by the program on December 28, 2021. You initiated a background study request on December 27, 2021. SP7’s fingerprints were taken on March 6, 2019. Because SP7’s fingerprints were taken on March 6, 2019, SP7’s background study expired on March 7, 2024. You did not initiate a background study request until April 25, 2024. SP7’s background study was closed on May 10, 2024, because DHS did not receive SP7’s consent and disclosure form. After being notified by the DHS licensor to remove SP7 you initiated an enhanced background study request for SP7 on December 5, 2024. However, you closed SP7’s background study the same day. You initiated another background study for SP7 on December 27, 2024. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (b). 3. While preparing for a licensing review, a DHS licensor determined that you failed to meet the background study requirements for one staff person before s/he began working in a position allowing direct contact with children served by the program. SP8 began working in a position allowing direct contact services to persons served by the program on October 2, 2023. It was determined through a review of documentation that SP8 did not have a background study.
Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (h); and section 245C.13, subdivision 2. 4. While preparing for a licensing review, a DHS licensor determined that one staff person provided direct contact services to persons served by the program prior to receiving a notice from DHS. SP9 began working in a position allowing direct contact services to persons served by the program on May 6, 2024. You initiated a background study request on April 29, 2024. However, DHS did not receive SP9’s consent and disclosure form and SP9’s background study was closed on May 14, 2024. Statute Violated: Minnesota Statutes, section 245C.13, subdivision 2. Fine: $1800 (nine background study violations – fineable at $200 per violation) 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 send you an invoice for the $1800 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. If this occurs, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue, or reissue a license, or may suspend the license until the license holder pays the fine. 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). · 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. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · 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, Donna Gainor, Unit Supervisor, at 651-431-6030, extension 4008. Sincerely,
Alyssa Dotson, Deputy Inspector General Licensing Division Office of Inspector General
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