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February 11, 2025 CERTIFIED MAIL Robin Riley 3617 3rd Avenue South Minneapolis, MN 55409-1321 License Number 232202 FCC ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Riley: Based on the recommendation of Hennepin County Human Services and Public Health Department (Hennepin County), the Department of Human Services (DHS) is placing your license to provide family child care at 3617 3rd Avenue South, Minneapolis, MN on conditional status for one year beginning February 11, 2025. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. In addition, DHS is ordering you to pay a fine of $400. Details of our findings are provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you failed to provide required supervision to children in care, because of the level of noncompliance with family child care licensing requirements, and because you failed to submit background studies as required. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Hennepin County determined that your program failed to comply with the laws and rules for licensed family child care. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations Previous licensing actions The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your Hennepin County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · November 13, 2024, Correction Order, which cited the following violations: o You failed to provide required supervision when you left all the children in the program unattended with an individual that did not have a cleared background study. o You failed to have adequate equipment when you had three infants in care, but you only had two cribs. o You failed to ensure that each room used for napping had a second means of egress when the window was obstructed with clutter. o You failed to ensure that there was an operational carbon monoxide detector within ten feet of each room used for napping when the carbon monoxide detector was chirping and not operational. o You failed to ensure that hazardous materials were stored as required when children had access to plastic bags. o You failed to ensure that the first aid kit had all required items when it was missing the ice pack. o You failed to ensure that you had an operational flashlight when the batteries were dead. o You failed to ensure that your water temperature was at or below 120 degrees Fahrenheit when your water temperature was 122.7 degrees Fahrenheit. o You failed to ensure that maltreatment reporting policy was available to parents or guardians as required. o You failed to obtain allergy information as required. o You failed to follow procedures for safely handling and disposing of bodily fluids when you did not have disposable bags. o You failed to initiate a background study for an individual who is affiliated with your family child care program when you left the children in care alone with an individual that did not have a background study. o You failed to provide documentation that you obtained all required information prior to enrollment when items were missing from the admissions and arrangements form for several children in care. o You failed to provide documentation of immunization records as required. o You failed to follow sudden unexpected infant death (SUID) reduction requirements when you laid an infant down for a nap with a blanket. · July 25, 2023, Correction Order, which cited the following violations: o You failed to ensure that hazardous materials stored as required when children had access to plastic bags. o You failed to provide documentation for one child that you had obtained permission to administer medications. o You failed to ensure that maltreatment reporting policy was available to parents or guardians as required. o You failed to provide documentation of immunization records as required. o You failed to obtain allergy information as required. o You failed to provide documentation that you had a written policy available for discussion with parents or the agency. · July 20, 2016, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You must follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period. 3. You must work with Hennepin County to obtain a mentor to work with you on following all family child care rules and laws. The mentor must be obtained within 30 days of the issuance of this order. Upon completion of working with the mentor you must submit a summary to Hennepin County of what you learned and changes you will implement into your program to ensure you are following all requirements. 4. You must complete six hours of additional training within 90 days of this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. The training must include the topic of professionalism, and/or record keeping. You must obtain approval from Hennepin County that the training is appropriate, and you must submit documentation of your attendance to Hennepin County. 5. You must either provide a copy of the Order to Pay a Fine and Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the order or had an opportunity to review the order and submit documentation to Hennepin County within 15 days of the issuance of this order. For new families, you must submit documentation of compliance with this term to Hennepin County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Hennepin County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. REASON FOR FINE 1. Violation of Safe Sleep Practices As a result of a licensing review conducted on October 24, 2024, Hennepin County determined that you failed to follow sudden unexpected infant death (SUID) reduction requirements when you laid an infant down for a nap with a blanket. You were issued a correction order for this violation. Statute Violated: Minnesota Statutes, section 245A.1435. Fine: $200 2. Violation of Background Study As a result of a licensing review, Hennepin County determined you failed to initiate a background study for an individual who is affiliated with your family child care program. Specifically, you left the children in care alone with an individual that did not have a background study. You were issued a correction order for this violation. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (f) Fine: $200 YOUR APPEAL/RECONSIDERATION RIGHTS If You Wish to Appeal the Fine and the Conditional License, or Just the Fine You have the right to appeal both the fine and the conditional license, or only 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: Commissioner, Department of Human Services 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: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office 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. If You Wish to Only Appeal the Conditional License If you are not appealing the fine, you do not have a right to a contested case hearing. However, you have the right to request reconsideration of the conditional license and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Billing and Payment of the Fine DHS will send you an invoice for the $400 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described above, 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 above, 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. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for one year from that date. You continue to be required to comply with all family child care laws and rules. 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.lawhelpmn.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 and Order of Conditional License 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. Prohibition against providing legally unlicensed child care On July 20, 2016, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. 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 health, safety, or supervision licensing 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. · The timeline to request reconsideration of the order of conditional license is provided in Minnesota Statutes, section 245A.06, subdivision 4. · 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. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Under Minnesota Statutes, section 245A.06, subdivision 4, if DHS issues a dual order to pay a fine and a conditional license and the license holder appeals both the fine and the conditional license, DHS will not do a separate reconsideration of the conditional license. If the license holder does not appeal the fine but requests reconsideration of the conditional license, then the license holder does not have a right to a hearing and DHS will conduct a reconsideration of the conditional license. · Operating a prohibited unlicensed family child care program is a misdemeanor offense under Minnesota Statutes, Section 245A.03, subdivision 3. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8 and Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alexandra Keys, Family Child Care Unit Manager Licensing Division Office of Inspector General cc: Azur Walters, Hennepin County Human Services and Public Health Department
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