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January 25, 2025 Abdifitah Mohamed, Authorized Agent Sunrise Child Care Center 3250 W 66th Street Edina, MN 55435 License Number 1089965 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Abdifitah Mohamed: The Department of Human Services (DHS) is ordering you to pay a fine of $1000 for five background study violations that occurred at Sunrise Child Care Center, located at 2750 Park Avenue, Minneapolis, Minnesota. 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 5, 2024 While processing a variance, a DHS licensor determined you failed to repeat a background study for five child care program staff within five years of the staff person’s most recent study. SP1 began working in a position allowing direct contact services to persons served by the program on July 10, 2019. You initiated a background study request for SP1 on April 27, 2018. SP1’s background study expired on December 31, 2022. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. You initiated an enhanced background study on December 7, 2023. However, SP1’s fingerprints and other required documents were not submitted, and the background study was closed on December 22, 2023, and you were informed to immediately remove SP1 from a position allowing direct contact services. You initiated another background study on December 29, 2023. However, DHS did not receive all the required forms and SP1’s background study was closed on March 28, 2024. SP1 has worked without a background study since December 31, 2022. SP2 began working in a position allowing direct contact services to persons served by the program on July 4, 2023. You initiated a COVID-19 emergency background study request on July 6, 2021. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. You notified in an Order to Pay Fine dated March 13, 2024, that SP2 was required to have a background study. After being notified again by the DHS licensor to remove SP2 you initiated another background study request on November 14, 2024. SP2 worked at the program without a background study from December 31, 2022, to November 14, 2024. SP3 began working in a position allowing direct contact services to persons served by the program on January 4, 2023. You initiated a background study request for SP3 on April 27, 2018. SP3’s background study expired on December 31, 2022. On March 21, 2022, October 26, 2022, and December 20, 2022, you were informed that all individuals must have an enhanced background study to comply with federal requirements under the Child Care and Development Block Grant and it must be submitted on or before December 31, 2022. SP3 has worked at the program without a background study since December 31, 2022. SP4 began working in a position allowing direct contact services to persons served by the program on August 2, 2023. You initiated a background study request for SP4 on August 2, 2023. SP4’s fingerprints were taken on September 26, 2019. Because SP4’s fingerprints were taken on September 26, 2019, SP4’s background study expired on September 30, 2024. After being notified by the DHS licensor to remove SP4 you initiated another background study on November 13, 2024. SP4 worked at the program without a background study from September 30, 2024, to November 13, 2024. SP5 began working in a position allowing direct contact services to persons served by the program on October 2, 2023. You initiated a background study request for SP5 on October 2, 2023. SP5’s fingerprints were taken on September 30, 2019. Because SP5’s fingerprints were taken on September 30, 2019, SP5’s background study expired on October 2, 2024. After being notified by the DHS licensor to remove SP5 you initiated another background study on November 13, 2024. SP5 worked at the program without a background study from October 2, 2024, to November 13, 2024. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraph (b); and section 245C.05, subdivision 2, paragraph (a). Fee: $1000 (five background study violations– fineable at $200 per violation) Corrective Action Required: Correct immediately and submit your response through the Provider Hub within 30 days from the date of this letter detailing how compliance has been achieved. You must maintain compliance going forward. Billing and Payment of the Fine After 10 calendar days from the date of this letter, DHS will send you an invoice for the $1000 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 this fine. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. 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 · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · 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 Chad Kratzke, Unit Supervisor, at 651-431-6030, extension 4018. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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