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March 28, 2025 Rebecca Steffensen, Authorized Agent Westwood Preschool 3121 Westwood Dr Excelsior, MN 55331 RE: Request for Reconsideration of Correction Order License Number: 1032135 (CCC) Dear Rebecca Steffensen: The Minnesota Department of Human Services (DHS) received your request dated January 23, 2025, for reconsideration regarding citation 3 in the Correction Order (Attachment A) issued to you on January 23, 2025. There are three citations listed on this Correction Order. 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 Statutes section 245A.40, subdivision 31 Minnesota Rules, part 9503.0120, subpart D Minnesota Statutes section 245A.41, subdivision 3, paragraph (d) Summary: The Minnesota Department of Human Services (DHS) conducted a licensing review at Westwood Preschool on January 14, 2025. The DHS issued you a Correction Order with three citations on January 23, 2025. Citation 3: The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 4 (SP1) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training within the previous two years (SP1). Applicable Law. First aid. (a) Unless training has been completed within the previous two years, the director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid training prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. (b) Pediatric first aid training must be repeated at least every second calendar year. First aid training under this subdivision must be provided by an individual approved as a first aid instructor and must not be used to meet in-service training requirements under subdivision 7. Minnesota Statutes section 245A.40, subdivision 3 Personnel Records. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain: … D. documentation, when applicable, that the staff person has completed the first aid and CPR training required in part 9503.0035, …. Minnesota Rules, part 9503.0120, subpart D Commissioner’s right of access When the commissioner is exercising the powers conferred by this chapter, section 626.557, and chapter 260E, the commissioner must be given access to: (1) the physical plant and grounds where the program is provided; (2) documents and records, including records maintained in electronic format; … The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules. (emphasis added) Minnesota Statutes, section 245A.04, subdivision 5 (a) Your Response. You provided documentation on January 23, 2025 regarding staff training on first aid that was issued on August 21, 2024. You stated that the staff member completed first aid/CPR training to complete the requirement. The document printed did not reflect the correct dates. You state that an uploaded file shows the staff member is up to date with the training. Reconsideration Determination. When evaluating a Request for Reconsideration of a Correction Order, the Commissioner determines whether the citations in the Correction Order are supported by the information provided at the time of the licensing inspection. The documentation was not provided until January 23, 2025, well after the licensing visit on January 14, 2025. In other words, you did not have the appropriate documentation printed with the correct dates in the personnel record of the staff member at the time of the inspection on January 14, 2025. The crux of the inquiry is whether the Correction Order was correct at the time it was issued. Therefore, this citation is supported. The Commissioner encourages your ongoing cooperation, but the citation was correct because the information was not provided at the time of the inspection. Disposition: The Commissioner has reviewed your request for reconsideration and all information submitted by you and by the licensor. The Commissioner finds there is sufficient evidence to support the citation, and, therefore, the Correction Order is affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the Correction Order issued on January 23, 2025, 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 cc: Sara Delaney, Licensor, Office of Inspector General 11 The Office of the Revisor of Statutes recently updated its website to reflect 2024 legislative changes to Minnesota statutes. The Revisor’s website states that parts of Chapter 245A have been renumbered to Chapter 142B. Despite this language on the Revisor’s website, Chapter 245A remains effective until DHS formally transfers power and responsibility for parts of chapter 245A to the Minnesota Department of Children, Youth, and Families. The anticipated transfer date is July 1, 2025. Laws 2024, chapter 80, article 8, section 72; Laws 2023, chapter 70, article 12, section 30.
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