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May 12, 2025 Mary McKnight, Authorized Agent Beautiful Savior Child Development Center 5005 Northwest Blvd Plymouth, MN 55442 License Number 1000966 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Mary McKnight: The Department of Human Services (DHS) is ordering you to pay a fine of $1400 for seven out of eight background study violations. 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 March 27, 2025: 1. While preparing for a licensing review, a DHS licensor determined you failed to repeat a background study for three 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 19, 2021. You initiated an enhanced background study request for SP1 on July 15, 2021. SP1’s fingerprints were taken on July 17, 2019. Because SP1’s fingerprints were taken on July 17, 2019, SP1’s background study expired on July 23, 2024. However, you did not initiate a new background study until August 23, 2024. SP1 worked without a background study from July 23, 2024, to August 23, 2024. Because you self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. SP2 began working in a position allowing direct contact services to persons served by the program on January 3, 2024. You initiated an enhanced background study request for SP2 on December 11, 2023. SP2’s fingerprints were taken on October 8, 2019. Because SP2’s fingerprints were taken on October 8, 2019, SP2’s background study expired on October 8, 2024. However, you did not initiate a new background study until October 17, 2024. SP2 worked without a background study from October 8, 2024, to October 17, 2024. SP3 began working in a position allowing direct contact services to persons served by the program on January 30, 2024. You initiated an enhanced background study request for SP3 on January 24, 2024. SP3’s fingerprints were taken on October 8, 2019. Because SP3’s fingerprints were taken on October 8, 2019, SP3’s background study expired on October 8, 2024. However, you did not initiate a new background study until October 17, 2024. You separated SP3 from your active roster on October 25, 2024. You initiated another background study request on October 25, 2024. SP3 worked without a background study from October 8, 2024, to October 25, 2024. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraphs (a and b); and section 245C.05, subdivision 2, paragraph (a). 2. While preparing for a licensing review, a DHS licensor determined that three staff persons provided direct contact services to persons served by the program prior to receiving a notice from DHS. SP4 began working in a position allowing direct contact services to persons served by the program on August 27, 2024. You initiated a background study request for SP4 on August 26, 2024. It was determined through a review of documentation that SP4 had direct contact with children prior to receiving a notice from DHS on August 30, 2024. SP5 began working in a position allowing direct contact services to persons served by the program on September 30, 2024. You initiated a background study request for SP5 on September 18, 2024. You separated SP5 from your active roster on September 18, 2024. You initiated another background study request on September 30, 2024. However, DHS did not receive all the required documents and SP5’s background study was closed on October 17, 2024. You initiated another background study on October 17, 2024. However, SP5’s fingerprints were not submitted and SP5’s the background study was closed on November 1, 2024, and you were informed to immediately remove SP5 from a position allowing direct contact services. You initiated another background study request on December 13, 2024. However, SP5’s fingerprints were not submitted and SP5’s background study was closed on December 28, 2024, and you were informed to immediately remove SP5 from a position allowing direct contact services. You initiated another background study on January 28, 2025. However, SP5’s fingerprints were not submitted and SP5’s background study was closed on March 1, 2025, and you were informed to immediately remove SP5 from a position allowing direct contact services. You initiated another background study request on March 3, 2025. It was determined through a review of documentation that SP5 had direct contact with children prior to receiving a notice from DHS on March 6, 2025. SP6 began working in a position allowing direct contact services to persons served by the program on February 17, 2025. You initiated a background study request for SP6 on February 10, 2025. It was determined through a review of documentation that SP6 had direct contact with children prior to receiving a notice from DHS on February 18, 2025. Although you corrected the background study violations involving SP2, SP3, SP4, SP5, and SP6 before a DHS licensor became aware of the violations, at least 365 days had not passed since you previously self-corrected the background study for SP1, so DHS is issuing a fine for SP2, SP3, SP4, SP5, and SP6. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraphs (a and b); and section 245C.05, subdivision 2, paragraph (a); and section 245C.13, subdivision 2. 3. While preparing for a licensing review, a DHS licensor determined you failed to meet the background study requirements for two staff persons who were working in a position allowing direct contact with children served by the program. SP7 began working in a position allowing direct contact services to persons served by the program on February 24, 2025. You initiated a background study request for SP7 on February 12, 2025. However, DHS did not receive all the required documents and SP7’s background study was closed on February 27, 2025. After being notified by the DHS licensor to remove SP7 from a position allowing direct contact services to persons served by the program you initiated another background study request for SP7 on March 28, 2025. SP7 has worked at the program without a background study from February 27, 2025, to March 28, 2025. CI1 began in a position that meets the definition of child care background study subject on September 19, 2019. You initiated a background study request for C1 on September 19, 2019. You removed CI1 from your active roster on September 1, 2023. After being notified by the DHS licensor that CI1 is required to have a background study, you initiated another background study request on April 1, 2025. CI1 was in a position without a background study from September 1, 2023, to April 1, 2025. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraph (a); and section 245C.05, subdivision 2, paragraph (a). Fine: $1400 (eight background study violations – seven fineable at $200 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 $1400 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. 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 below, 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. 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). · 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. · 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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