|
April 25, 2025 CERTIFIED MAIL Amber Lundeen 15638 Cornell Trail Rosemount, MN 55068-4689 License Number 1082954 FCC ORDER LIFTING IMMEDIATE SUSPENSION AMENDED ORDER OF CONDITIONAL LICENSE Dear Ms. Lundeen: Based on the recommendation of Dakota County Community Services (Dakota County) the Department of Human Services (DHS) is placing your license to provide family child care at 15638 Cornell Trail, Rosemount, MN on conditional status for two years, beginning June 21, 2024. 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. 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 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 when a child left your program unattended and was found down the street by a community member. 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, Dakota 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 New violations determined On June 13, 2024, Dakota County conducted a licensing investigation at your licensed program. The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DHS considered these violations as a factor when it determined that a Conditional License is appropriate. · June 13, 2024, Temporary Immediate Suspension, which determined children were at imminent risk of harm. These are the violations that were determined from the Temporary Immediate Suspension. o You failed to provide required supervision when a child left your program unattended and was found in the street a few houses away by a community member. Rule Violated: Rule Violated: Minnesota Rules, part 9502.0315, subpart 29a and Minnesota Rules, part 9502.0365, subpart 5. 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 Dakota County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · September 20, 2023, Correction Order, which cited you for the following violations: o You failed to ensure that rubbish containers were inaccessible when there were large, uncovered garbage cans accessible to infants and toddlers in the kitchen. o You failed to ensure your water temperature was at or below 120 degrees Fahrenheit when your water temperature was 127 degrees Fahrenheit in sinks accessible to children in care. · June 21, 2021, Correction Order, which cited you for the following violations: o You failed to use appropriate behavior guidance methods when you admitted to yelling at children in care. · September 12, 2019, Correction Order, which cited you for the following violations: o You failed to provide documentation that all children in care had immunization records. · December 20, 2017, Correction Order, which cited you for the following violations: o You failed to supervise children as required when a child became aggressive with another child. o You failed to provide documentation that all children in care had immunization records. · November 16, 2017, Correction Order, which cited you for the following violations: o You failed to provide documentation of 6 hours of training. 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 comply with the written supervision plan that was submitted to and approved by Dakota County on June 18, 2024. This includes ensuring the outside barriers remain in place and are installed in a manner to prevent a child from leaving the outside area without your knowledge. 4. You must comply with the amended supervision plan that you are required to submit under the Settlement Agreement of the fine order issued against you on December 20, 2024. Under the amended supervision plan, you are required to maintain the children receiving services from the program within a fenced-in outdoor play space that is complaint with Minnesota Rules, parts 9502.0300–.0445, and other applicable Minnesota Statutes and rules, when they are playing outdoors on the program’s property. 5. You must complete at least six hours of additional training within 60 days of receiving the First Order of Conditional License issued on June 21, 2024. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. The training(s) must include the topic of active supervision. You must get approval from Dakota County prior to attending the training(s) and you must submit documentation of your attendance to Dakota County. (This is not an additional requirement from the training condition imposed in the June 21, 2024 Order of Conditional License.) 6. You must either provide a copy of the Amended 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. You must provide this documentation to Dakota County within 10 days of receiving this order. For new families, you must submit documentation of compliance with this term to Dakota County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Dakota 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. YOUR RIGHT TO REQUEST RECONSIDERATION This Amended Order of Conditional License is issued as a result of a settlement agreement between DHS, License Holder, and Dakota County, executed on April 2, 2025. Accordingly, you may not seek reconsideration of this Order. Posting of this licensing action You are required to place this Order Lifting Immediate Suspension and Amended 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 June 13, 2024, 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 · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a conditional license order that has not been reversed on appeal may not operate as a legally unlicensed child care provider. 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. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Amy Novak, Dakota County Community Services
|
