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February 26, 2025 Tara Bruening, Authorized Agent American Indian Family and Children’s Services 25 Empire Drive St. Paul, MN 55103 License Number: 806137 child placing agency CORRECTION ORDER Dear Ms. Bruening: On January 9, 2025, a Department of Human Services (DHS) licensor conducted a licensing review at your facility located at 25 Empire Drive, St. Paul, MN. As a result of this visit, DHS determined that you are in violation of six of the child placing agency rules and statutes. As a result, DHS is issuing this order which requires you to take the correction action as described below. Details of our findings are provided below. Our next steps and your options are also detailed. LICENSING VIOLATIONS DHS determined that your program failed to follow licensing rules and statutes, as described below. 1. Violation: An agency must develop written policies governing situations with potential conflict of interest. Agencies that provide foster care services must comply with MN Rules, part 9543.0130, subpart 4. Your agency’s policy does not address board member’s ability to be licensed for foster care by your agency. On January 30, 2025, your agency submitted a new conflict of interest policy that states board members cannot be licensed foster parents for AIFACS. Rule Violated: Minnesota Rules, part 9545.0785, subpart 4. 2. Violation: An agency must provide or arrange for the provision of at least 12 hours of training annually for staff members and volunteers who provide services to agency clients. Upon review, one staff person (SP1) only had three of the required 12 hours of training for 2023 and only six of the required 12 hours of training for 2024. A second staff person (SP2) had zero of the required 12 hours of training for 2023. On January 30, 2025, your agency submitted documentation of 12 hours of training for SP1 for 2023 and 2024. Rule Violated: Minnesota Rules, part 9545.0805, subpart 3. 3. Violation: An applicant must submit with its application and provide to prospective clients of agency services a written statement that contains the information in MN Rules, part 9545.0815 items A to G: · A. purpose and philosophy of the agency's program: The materials provided in the Notice of Reinspection outline the purpose of the program but do not provide a philosophy. · D. statement of eligibility requirements or qualifications that the agency requires of adoptive or foster families: On January 30, 2025, your agency provided an update description of the eligibility requirements for foster and adoptive parents. · F. description of orientation and training that will be provided for foster families or prospective adoptive families: The materials submitted in the Notice of Reinspection identified information about the orientation but did not describe what ongoing training is provided. Rule Violated: Minnesota Rules, part 9545.0815, subparts A, D, and F. 4. Violation: An applicant for initial or continuing licensure must submit a written plan indicating how the agency will provide for the transfer of records on both open and closed cases if the agency closes. A controlling individual of the agency must sign the plan. Your agency transfer agreement was not updated when the controlling individual who signed the agreement has left your agency. Rule Violated: Minnesota Statutes, section 245C.04, subdivision 15a 5. Violation: License holders must document the first date that a background study subject has direct contact with clients or client information. Upon review, your agency failed to document the first contact dates for two staff members (SP2 and SP3). On January 30, 2025, your agency submitted verification of the first date of contact for SP2 and SP3. Statute Violated: Minnesota Statutes, section 245A.041, subdivision 6. 6. Violation: SP1 began a position allowing direct contact with persons served by the program on May 22, 2018. SP4 began a position allowing direct contact with persons served by the program on October 25, 2022. Both SP1 and SP4 have had a legal name change. However, the license holder did not initiate a new background study or notify the commissioner of the name change for SP1 or SP4. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 7. Corrective action required You must correct the violations cited above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations. RECOMMENDATION(S) The following recommendation(s) are not requirements of the licensing rules and statutes that govern your services or facility. DHS has provided the recommendations below to call your attention to areas where your facility is in minimum compliance with the requirements of applicable rules or statutes. DHS recommends that you comply with the following recommendations to ensure that you continue to meet the requirements of applicable licensing rules and statutes. Your failure to follow these recommendations will not result in a fine or action against your license at this time. However, should your failure to follow these recommendations result in a violation of rules or laws at a future date, you will be cited for noncompliance and DHS could issue a fine or other licensing action. 1. Recommendation: Your agency orientation and training policy requiring mandated training for staff lists an incorrect statute. This needs to be updated to MN Statute 260E. Rule: Minnesota Rules, part 9545.0805, subpart 2. 2. Recommendation: Your agency’s current drug and alcohol policy does not address the use of cannabis. DHS encourages your agency to update its current policy to include the use of cannabis by employees. Statute: Minnesota Statute, section 245A.04, subdivision 1, paragraph (c). YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order in writing. Your request must: 1. Specify the parts of the correction order that are alleged to be in error; 2. Explain why they are in error; and 3. Include documentation to support the allegation of error. If you are mailing your request, it must be received by DHS within 20 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 Legal Counsel’s Office Attn: 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 20 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · This child placing agency must maintain compliance with the licensing statutes and rules, specifically Minnesota Rules, 9545.0755 through 9545.0845; Minnesota Statute, section 245A.04 subdivision 10: Minnesota Statutes, section 245.03; and Minnesota Statute, section 259.37, subdivision 2. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 2. Questions If you have any further questions regarding this matter, you may contact Karol Jensen-Schneider, Licensing Consultant, at 651-431-3469. Sincerely,
Tamara Moore, Unit Supervisor Licensing Division Office of Inspector General
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