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January 30, 2025 Janet Miller, Authorized Agent Lake Area Discovery Center @ St Jude of the Lake 3770 Bellaire Ave White Bear Lake, MN 55110 RE: Request for Reconsideration of Correction Order License Number: 1060112 (CCC) Dear Janet Miller: The Minnesota Department of Human Services (DHS) received your request dated December 18, 2024 for reconsideration regarding the second citation in the Correction Order (Attachment A) issued to you on December 13, 2024. There are two citations listed on this Correction Order. You challenged only the second citation. After an independent review of the record, the Commissioner has determined that there is sufficient evidence to support the citation. Applicable Statutes and Rules: Minnesota Rules, part 9503.0130, subpart 1 Minnesota Statutes 260E.03, subdivision 9 Summary: The Minnesota Department of Human Services (DHS) conducted a maltreatment investigation at Lake Area Discovery Center @ St Jude of the Lake. A site visit occurred on September 18, 2024. The incident was determined to be a nonmaltreatment mistake. The DHS issued you a Correction Order with two citations on December 13, 2024. The second citation cites a violation of Minnesota Rules part 9503.0130, subpart 1 because the program did not comply with the reporting requirements for abuse and neglect because the program failed to report an instance of suspected abuse or neglect. During the course of the investigation, it was determined that the incident of possible maltreatment occurred on September 9, 2024. Supervisory staff persons were immediately aware but did not report the incident until September 12, 2024. Applicable Law: Subpart 1. Abuse; neglect. The license holder must comply with the reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E. Minnesota Rules, part 9503.0130, subpart 1
"Immediately" means as soon as possible but in no event longer than 24 hours. Minnesota Statutes 260E.03, subdivision 9. Your Response. In regards to the second violation, you contend that the Correction Order is incorrect because a staff member called DHS intake on September 10, 2024 after 3:30 p.m. leaving a voice message regarding the report. Additionally, on Wednesday, September 11, 2024, DHS called the St Jude phone number in the morning and left a message. A staff member called back at approximately 12:15 p.m. and 3:45 p.m., leaving a message. The staff member spoke to someone from DHS on Thursday, September 12, 2024. You acknowledged that the incident occurred on September 9, 2024 although you did not include the time of day. Determination on Reconsideration: The Commissioner has reviewed your request for reconsideration and all information submitted by you and by your licensor. Staff generally advised the DHS investigator that the AV, a toddler, was found unattended on the playground by a parent at “drop-off time” around 9:00 a.m. or a little after 9:00 a.m. on Monday, September 9, 2024. The Student Incident/Accident Form completed by supervisory staff notes that the incident occurred at 9:00 a.m. on September 9, 2024. The signature of a family member of the AV (FM) is dated September 12, 2024. A FM asked staff to report the incident on the following day when there had been no report to sign at the end of the day of the incident. Note, a FM should not have to request staff reporting; it is mandatory. Staff consistently reported that they were trained on policies and procedures including mandated reporting and noted the location of posted emergency numbers. The Parent Handbook specifies that persons who work with children in a licensed facility are legally required or mandated to report abuse or neglect. Furthermore, the Parent Handbook specifies that, “Mandated reporters must make a report to one of the agencies listed above immediately (as soon as possible but no longer than 24 hours).” The Central Intake Unit Maltreatment & Licensing Report Form notes that a telephone call was made on September 12, 2024 at 8:54 a.m. by a staff member. DHS investigation records do not include a phone log of any earlier reporting. However, if your statement that a voice message was left after 3:30 p.m. on September 10, 2024 is taken as true, the time of the reporting is still well over the required maximum of 24 hours after the incident occurred a little after 9:00 a.m. on September 9, 2024. Therefore, there is adequate information to find that the required report of suspected neglect was untimely. Disposition: The Commissioner has reviewed your request for reconsideration and all information submitted by you and by the investigator. The Commissioner finds there is sufficient evidence to support the citation, and, therefore, the citation is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on December 13, 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, paragraph (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,
So Yeon Woo-Bockman, Attorney Legal Counsel’s Office Office of Inspector General
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