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May 9, 2025 CERTIFIED MAIL Meheret Bahata 1032 Kettle Creek Road Eagan, Minnesota 55123 License Number 1106630 AFC ORDER OF CONDITIONAL LICENSE Dear Ms. Bahata: Based on the recommendation from Dakota County Community Services, the Department of Human Services (DHS) is placing your license to provide family adult foster care services at 1032 Kettle Creek Road, Eagan, Minnesota on conditional status for two years, beginning May 9, 2025. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family adult foster 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 persons served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. You have been licensed as an adult foster care provider since April 13, 2023. You have not had any placements in your home since becoming licensed to provide adult foster care. At your one-year renewal you were not able to provide several required documents meeting licensing standards. Dakota County provided ongoing technical assistance, including discussion at your in-person relicensing visit as well as numerous phone calls and emails. You continued to fail to demonstrate competency to meet AFC licensing requirements. From February 6, 2024, to October 6, 2024, Dakota County issued you six correction orders for lack of compliant licensing documentation and a background study for a household member. Due to the continued lack of meeting minimum licensing standards your license is being placed on a conditional status. 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 adult foster 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 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 county licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · February 6, 2024, Correction Order, which cited one violation for not completing a background study for a household member under Minnesota Statutes, section 245C.03. · April 2, 2024, correction order which cited eight violations. Violations of concern include: o Incomplete program abuse prevention plan, under Minnesota Rules, part 9555.6235. o Missing current drug and alcohol policy, under Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c). o Missing current grievance policy, under Minnesota Statutes, section 245A.04, subdivision 1, paragraph (d). o Missing current adult foster home program plan, under Minnesota Rules, part 9555.6195, subpart 1 (The correct citation for this violation is: Minnesota Rules, part 9555.6235). o Incomplete and unposted emergency escape plan, under Minnesota Rule, part 9555.6255 (The correct citation for this violation is: Minnesota Rules 9555.6225, subpart 5, item H). o Incomplete Vulnerable Adult policy, under Minnesota Statutes, section 245A.65, subdivision 1, paragraph (a). o Fire extinguisher not being maintained, under Minnesota Statutes, section 245D.21, subdivision 2, item 2 (The correct citation for this violation is: Minnesota Rules, part 9555.6125, subpart 2). · April 24, 2024, correction order, which cited four violations, three of which were repeat violations. Violations of concern include: o Not complying with the April 2, 2024, correction order for: § Repeat violation for incomplete drug and alcohol policy, under Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c). § Repeat violation for incomplete Vulnerable Adult policy, under Minnesota Statutes, section 245A.65, subdivision 1, paragraph (a). · May 8, 2024, correction order, which cited six violations, all of which were repeat violations. Violations of concern include: o Incomplete Vulnerable Adult policy, under Minnesota Statutes, section 245A.65, subdivision 1, paragraph (a). o Incomplete program abuse prevention plan under Minnesota Statutes 245A.65, subpart 2 (correct violation: Minnesota Rules, part 9555.6235). o Failure to comply with returning signed correction orders, under Minnesota Statutes, section 245A.06, subdivision 3. o Missing background study for same household member, under Minnesota Statutes, section 245C.03. You subsequently reported that the household member had moved out. o Incomplete adult foster home program plan, under Minnesota Rule 9555.6195, subpart 1 (correct citation: Minnesota Rules, part 9555.6235). · May 15, 2024, correction order, which cited three violations, all of which were repeat violations. Violations of concern include: o Incomplete Vulnerable Adult policy, under Minnesota Statutes, section 245A.65, subdivision 1, paragraph (a). o Failure to comply with the correction order under Minnesota Statutes, section 245A.06, subdivision 3. · October 10, 2024, correction order, which cited three violations, all of which were repeat violations. Violations of concern include: o Incomplete program abuse prevention plan under Minnesota Statutes 245A.65, subpart 2 (correct citation: Minnesota Rules, part 9555.6235). o Incomplete adult foster home program plan, under Minnesota Rules, part 9555.6235. Severity of violations Many of the violations relate to the health and safety of persons served. DHS also considered the severity of these violations when it determined that a Conditional License is appropriate. Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of persons served in your care, your license to provide family adult foster care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family adult foster care, you are required to comply with the following terms: 1. You must comply with all laws and rules governing family adult foster care. 2. No variances will be granted while your license is on conditional status. 3. You must notify future residents, case managers, and guardians of the Conditional License and provide them with a copy of the Order of Conditional License prior to admission to your adult foster care program. 4. You must attend the next scheduled AFC Orientation with Dakota County. 5. You must attend a Housing Support provider training and work with Dakota County to determine the appropriateness of entering into a housing support agreement. 6. You must come into compliance with all outstanding correction orders and submit compliant records to the county within 30 days of the conditional order. 7. Within 10 days upon placement of a resident, you shall provide the completed placement packet documents to your Dakota County licensor to ensure the documentation is complete. The placement packet includes: o Notification of Foster Care Admission o Service recipient information cover sheet o Individual Resident Placement Agreement o Medication and treatment administration form o Individual Abuse Prevention Plan o Mobility assessment o VA summary o Resident rights 8. You must complete an additional five hours of annual training, totaling 17 hours per year. The additional annual training must include topics that increase your understanding of adult foster care licensing standards and maintaining ongoing compliance; must be approved by your Dakota County licensor within 30 days of the date of this order; and must be completed within 90 days and annually thereafter. Ongoing Monitoring Your Dakota County licensor will monitor your compliance with these terms and with all of the family adult foster care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family adult foster 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 You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 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 Attention: 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 10 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 Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision and run for two years from that date. You continue to be required to comply with all family adult foster care laws and rules. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. Questions If you have any further questions regarding this matter, you may contact Tawnya Arueya, Supervisor, at 651-201-5571. Sincerely,
Mary Kelsey, Unit Manager Licensing Division Office of Inspector General cc: Debra Suek, Dakota County Community Services
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