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January 24, 2025 Janelle Mickley, Authorized Agent Everbrook Academy 1570 109th Avenue NE Blaine, MN 55449 License Number: 1109560 (Child Care Center) Program Location: 4379 95th Avenue N., Brooklyn Park, MN, 55443-1501
Dear Janelle Mickley: On December 10, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 3 in the Correction Order issued to you by the Department of Human Services on December 3, 2024. You did not challenge the remaining citations, and those citations are therefore final and not within the scope of this review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 3: Violation: The DHS licensor reviewed personnel records and determined that the license holder did not submit a completed background study for 1 of 9 (SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) before the individual began working in a position allowing direct contact with children receiving services from the program. Specifically, the staff person began working in a position allowing direct contact with children on February 5, 2024. However, the license holder did not submit a background study request for the staff person until February 6, 2024. Request for Reconsideration. You indicate in your reconsideration request that the staff person’s file contained a clerical error on one document. You indicate the program received a letter dated February 6, 2024, stating that more time was required to complete the background study, and the letter indicated the staff person could work under supervision. You indicate the staff person’s date of first contact was on February 7, 2024, and that all documents indicate that date except the Orientation Training Record, which incorrectly stated a date of first contact as February 5, 2024. You provided supporting documentation. Applicable Law. Under Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (b) and (h), the commissioner shall conduct a background study of an individual required to be studied and must submit completed background study requests to the commissioner before individuals begin positions allowing direct contact in any licensed program. Reconsideration Determination. During the exit interview, you were advised that you needed to receive a letter indicating the background study was cleared or that more time was needed prior to the staff person being in the classroom. There is no dispute that the letter indicating more time was needed to complete the background study was issued on February 6, 2024. The staff person’s date of first contact on both the Summary of Personnel Information for Licensed Child Care Centers submitted by the program and the Orientation Training Record in the staff person’s file indicate a date of first contact as February 5, 2024. As a result, 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 December 3, 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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