Minnesota

January 24, 2025

Farihiyo Axmed, Authorized Agent

Heaven Childcare, Inc.

1510 E. 122nd Street

Burnsville, MN 55337

License Number: 1100879 (Child Care Center)

Program Location: 1510 E. 122nd Street, Burnsville, MN 55337-6804

Dear Farhiyo Axmed:

On November 29, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citations in the Correction Order issued to you by the Department of Human Services on November 26, 2024.

SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:

Citation 1: Violation: Staff distribution requirements were not maintained. A teacher or assistant did not directly supervise an aide. Specifically, from approximately 2:00-2:15 p.m., an unsupervised volunteer who met the qualifications of an aide staff person was alone with two children. Also, from approximately 2:00-2:35 p.m., an aide was alone with three children.

Request for Reconsideration. You acknowledge in your reconsideration request that there was a lapse in supervision, and you indicate you have taken corrective action to ensure that no volunteer or aide is left unsupervised with children.

Applicable Law. Under Minnesota Rules, part 9503.0034, subpart 1, an aide means 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 of 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.

Reconsideration Determination. Although you have now taken corrective action regarding the citation, you acknowledge in your reconsideration request that the violation occurred. There is sufficient evidence to support the citation, and it is affirmed.

Citation 2: Violation: Staff did not supervise the children at all times. Specifically, at approximately 2:00 p.m., two staff persons left the classroom leaving two children alone with the licensor for approximately ten seconds. At that time, the licensor told one of the staff persons to return to the classroom because they left two children unsupervised. Supervision occurs when a staff person is accountable for the child’s care and is within sight and hearing of a child at all times so that the program staff can intervene to protect the health and safety of the child.

Request for Reconsideration. You acknowledge in your reconsideration request that the violation occurred, and you indicate the unsupervised period was very brief. You indicate you immediately corrected the violation and have implemented a new protocol to require that at least one staff person remains in every classroom at all times.

Applicable Law. Under Minnesota Statutes, section 245A.02, subdivision 18, for purposes of licensed child care centers, “supervision” means when a program staff person is accountable for a child’s care, can intervene to protect the health and safety of the child, and is within sight and hearing of the child at all times except as otherwise described in the statute.

Under Minnesota Rules, part 9503.0045, subpart 1, item A, requires a written child care program plan and requires that the license holder must see that it is carried out. The child care program plan must mandate that children have supervision at all times.

Citation 3: Violation: Meals did not comply with the nutritional requirements of the USDA. Specifically, through a conversation with a staff person, it was determined that lunch did not include a vegetable or milk.

Request for Reconsideration. You acknowledge in your reconsideration request that an oversight occurred regarding the program’s meal plan. You indicate meal planning procedures have been revised and meal menus have been updated.

Applicable Law. Under Minnesota Rules, part 9503.0145, subpart 4, each meal must provide one-third of the child’s daily nutritional needs as specified by the United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20. The license holder must provide or ensure the availability of specified meals and snacks.

Citation 4: Violation: Menus did not comply with the nutritional requirements of the USDA. Specifically, menus did not include fluid milk and the type of milk (whole, 1%, skim).

Request for Reconsideration. You indicate in your reconsideration request that menus have now been updated to clearly specify the type of milk served. You do not dispute that the violation occurred.

Applicable Law. Under Minnesota Rules, part 9503.0145, subpart 2, when food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20.

Citation 5: Violation: Areas used by the children were not in good repair. Specifically, a wall had chipping paint and sheet rock.

Request for Reconsideration. You acknowledge in your reconsideration request that the program has repaired the affected area and conducted a full inspection of the facility to ensure that all areas used by children are in good repair. You also indicate regular maintenance checks are now scheduled and that the program has implemented an ongoing inspection process. You do not dispute that the violation occurred.

Applicable Law. Under Minnesota Rules, part 9503.0140, subpart 20, the areas used by children must be free from debris, loose flaking, peeling, or chipped paint, loose wallpaper, or crumbling plaster, little, and holes in the walls, floors and ceilings. Rugs must have a nonskid backing or be firmly fastened to the floor and free from tears, curled or frayed edges, and hazardous wrinkles.

Citation 6: Violation: The required crib safety inspections were not completed on a monthly basis. Specifically, crib safety inspections were not completed in March 2024.

Request for Reconsideration. You acknowledge in your reconsideration request the March crib inspection was missed due to an oversight, and you indicate a reminder system has now been implemented.

Applicable Law. Under Minnesota Statutes, section 245A.146, subdivision 4, on at least a monthly basis, the license holder shall perform safety inspections of every crib or portable crib of rigid construction including full-size and non-full-size cribs used by or that is accessible to any child in care and must document the requirements specified in the statute.

Citation 7: Violation: A personnel record was not maintained at the program for each staff person (SP9).

Request for Reconsideration. You acknowledge in your reconsideration request that the required record was incomplete. You indicate the document has now been added and that all personnel records are current.

Applicable Law. Under Minnesota Rules, part 9503.0115, item B, the records required by this part must be maintained within the center and be available for inspection at the request of the commissioner. The license holder must ensure that the following are maintained: the personnel records specified in part 9503.0120. Under Minnesota Rules, part 9503.0120, 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 documentation specified in the rule.

Citation 8: Violation: One of one volunteers (SP9) included in the staff-to-child ratio did not meet the requirements for the assigned staff position. Specifically, through conversation with a staff person (SP9), the staff person said their position was Assistant Teacher, but there was no documentation on site to show the staff person met the qualification of Assistant Teacher.

Request for Reconsideration. You indicate in your reconsideration request that you have clarified the volunteer’s role and qualifications, and the volunteer has now completed required training and certifications. You indicate you updated your volunteer tracking system to ensure that all future volunteers meet the necessary qualifications before working with children. You do not dispute that the violation occurred.

Applicable Law. Under Minnesota Rules, part 9503.0034, subpart 2, a volunteer who is included in the staff-to-child ratio must meet the requirements for the assigned staff position as specified in parts 9503.0030 to 9503.0034. Volunteers who have direct contact with, or access to, children must be supervised by a staff person who meets the qualifications for director, teacher, or assistant teacher.

Citation 9: Violation: Documentation was not available on site to verity that before starting assigned duties, six of six individuals (SP1, SP2, SP3, SP6, SP7 and SP9) received orientation on:

· the risk of abusive head trauma that was at least one half hour in length as required under subdivision 5a (SP2, SP3, SP6 and SP9);

· allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP1, SP2, SP3, SP7 and SP9);

· behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP1, SP3, SP6, SP7 and SP9);

· the child care program plan and center’s philosophy (SP1, SP2, SP3, SP6, SP7 and SP9);

· emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP1, SP3, SP6, SP7 and SP9);

· handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP1, SP2, SP3, SP6, SP7 and SP9);

· handling emergencies and accidents according to Minnesota Rules, part 9503.0110 (SP1, SP2, SP3, SP6, SP7 and SP9);

· procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP1, SP2, SP3, SP6, SP7 and SP9);

· a child’s individual child care program plan as required under Minnesota Rules, part 9503.0056, subpart 3 (SP1, SP2, SP3, SP6 and SP7);

· specific job responsibilities (SP1, SP2, SP3, SP6, SP7 and SP9);

· program’s drug and alcohol policy under Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c) (SP1, SP2, SP3, SP6, SP7 and SP9);

· reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and Minnesota Rules, part 9503.0130 (SP1, SP2, SP3, SP6, SP7 and SP9);

· program’s risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 2 (SP1, SP3, SP6, SP7 and SP9); and

· sudden unexpected infant death that was at least one-half hour in length as required in subdivision 5 (SP1 and SP6).

Request for Reconsideration. You indicate in your reconsideration request that all required trainings have now been completed, and the documentation has been made available on-site for inspection. You indicate training records for all staff members are now fully compliant and that the program has implemented a centralized system for staff training records. You do not dispute that the violation occurred.

Applicable Law. Under Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b), clause (1), the license holder shall develop program policies and procedures necessary to maintain compliance with licensing requirements under Minnesota Statutes and Minnesota Rules, and the license holder shall provide training to program staff related to their duties in implementing the program’s policies and procedures. Under Minnesota Statutes, section 245A.40, subdivision 1, the child care center license holder must ensure that the director, staff persons, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties.

Citation 10: Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Specifically, documentation was not available on site to show that one of seven individuals (SP9) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment before unsupervised contact with a child.

Request for Reconsideration. You indicate in your reconsideration request that the required CPR training was completed by the staff member, but you acknowledge the documentation was not on file at the time of the licensing visit. You indicate the documentation has since been obtained and is available on-site for inspection.

Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 4, unless training has been completed with the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training that meets the requirements of this subdivision. 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, tat the staff person has completed required first aid and CPR training.

Citation 11: Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that one of seven individuals (SP9) completed pediatric first aid training before unsupervised direct contact with a child.

Request for Reconsideration. You indicate in your reconsideration request that the required pediatric first aid training was completed by the staff member, but you acknowledge the documentation was missing at the time of the licensing visit. You indicate the documentation has since been obtained and is available on-site for inspection.

Applicable Law. Under Minnesota Statutes, section 245A.40, subdivision 3, unless training has been completed with the previous two years, the director, staff persons, substitutes, and unsupervised volunteers 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 training.

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 November 26, 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

PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer
https://mn.gov/dhs/general-public/licensing/