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February 5, 2025 Seth Van Dyke, Authorized Agent Heartland Christian Academy Preschool 9914 Heartland Circle NW Bemidji, MN 56601 License Number: 1065900 (Child Care) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Seth Van Dyke: The Department of Human Services (DHS) is ordering you to pay a fine of $200 for one of two background study violations. 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 7, 2024: 1. 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. SP1 began working in a position allowing direct contact services to persons served by the program on September 6, 2018. You initiated a background study request for SP1 November 4, 2018. SP1’s fingerprints were taken on November 7, 2018. Because SP1’s fingerprints were taken on November 7, 2018, SP1’s background study expired on November 9, 2023. You did not initiate a new background study for SP1 until August 19, 2024. SP1 worked at the program without a background study from November 9, 2023, until August 19, 2024. Because you self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (b); and section 245C.07, subdivision 1, paragraph (a). 2. While preparing for a licensing review, a DHS licensor determined that you failed to request a background study for one volunteer before s/he began working in a position allowing direct contact with children served by your program without continuous direct supervision by an individual with a cleared background study. On September 5, 2023, V1 started volunteering at the program. Through conversations with staff, it was determined that V1 had previously had direct contact with children served by the program without continuous direct supervision on multiple occasions. At the time of the licensing review, the license holder had not submitted a background study request to DHS for V1. The failure to initiate background study requests on volunteers before they begin positions allowing direct contact with children served by the program is a violation of background study requirements. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a), clause (4); and section 245C.04, subdivision 1, paragraph (g). Fine: $200 (two background study violations – one fineable at $200 per violation) Corrective Action Required: You must comply with background study requirements in Minnesota Statutes, chapter 245C. Within 10 days from receipt of this order, submit written documentation to your licensor detailing how compliance will be maintained in the future. Billing and Payment of the Fine After 10 calendar days from the date of this letter, DHS will issue you an invoice for the $200 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. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment. Your Right to Appeal You have the right to appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Department of Human Services Office of Inspector General Licensing Division Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · 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. · 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 me at 651-431-6535 extension 4018. Sincerely,
Chad Kratzke, Unit Supervisor Licensing Division Office of Inspector General
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