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May 21, 2025 CERTIFIED MAIL Brittany Lureen Schmidt 204 14th Street North Breckenridge, MN 56520-1840 License Number 1114808 FCC AMENDED ORDER OF CONDITIONAL LICENSE Dear Ms. Lureen Schmidt: Based on the recommendation of Wilkin County Health and Human Services (Wilkin County), the Department of Human Services (DHS) is placing your license to provide family child care at 204 14th Street North, Breckenridge, MN on conditional status for one year, beginning February 27, 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 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 served 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 ensure the program was clean and sanitary, because you failed to ensure that rubbish containers were inaccessible to children in care, because you failed to ensure that hazardous and toxic substances were inaccessible to children in care, and because you failed to comply with a correction order. DHS has determined that it is appropriate to place your license on conditional status for one year based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6.1 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Wilkin 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, March 7, 2025, and March 12, 2025, Wilkin County conducted licensing follow-up inspections at your licensed program. DHS considered these violations as a factor when it determined that a Conditional License is appropriate. 1. On March 7, 2025, and March 12, 2025, Wilkin County determined that you failed to ensure the program was clean and safe for children when the program was cluttered and unsanitary Rule Violated: Minnesota Rules, part 9502.0435, subpart 1 2. On March 7, 2025, and March 12, 2025, Wilkin County determined that you failed to ensure that rubbish and garbage containers were inaccessible to children in care when children had access to garbage. Rule Violated: Minnesota Rules, part 9502.0435, subpart 3 3. On March 7, 2025, and March 12, 2025, Wilkin County determined that you failed to ensure that toxic substances were inaccessible to children in care when children had access to chemicals, detergents, alcoholic beverages. Rule Violated: Minnesota Rules, part 9502.0435, subpart 4 4. On March 7, 2025, and March 12, 2025, Wilkin County determined that you failed to ensure that hazardous materials were inaccessible to children in care when children had access to sharp knives, plastic bags, tools, and other potential hazards. Rule Violated: Minnesota Rules, part 9502.0435, subpart 6 Previous licensing actions The following violations summarize the nature of your previous licensing violations. 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 Wilkin County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · November 4, 2024, Correction Order, which cited you for the following violations: o You failed to ensure the program was clean and safe for children when the program was cluttered and unsanitary. o You failed to ensure that rubbish containers were inaccessible to infants and toddlers. o You failed to ensure that hazardous materials and toxic substances were inaccessible to children in care when children had access to alcoholic beverages, insect repellant, and allergy medication. · October 14, 2024, Correction Order, which cited you for failing to comply with a Correction Order that was hand delivered to you on October 2, 2024. · On September 26, 2024, a licensing investigation occurred at your program. A Correction Order was issued, and hand delivered to you on October 2, 2024. The original date on the Correction Order was October 9, 2024, this was incorrect. It was amended on November 20, 2024, to reflect the October 2, 2024, delivery. The Correction Order, cited you for the following violations: o You failed to ensure the program was clean and safe for children when the program was cluttered and unsanitary. o You failed to ensure that rubbish containers were inaccessible to infants and toddlers. 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 submit a written detailed plan on how you will keep your home clean, sanitary, and safe from toxins and hazards. The plan must be submitted to Wilkin County within 15 days of the order and must be approved by Wilkin County. 4. You must work with Wilkin County to obtain a mentor to work on ensuring you are following all family child care rules and laws. The mentor must be obtained within 30 days of the issuance of this order. Upon completion of working with the mentor you must submit a summary to Wilkin County of what you learned and changes you will implement into your program to support required compliance with licensing regulations including cleanliness of your program. 5. You must complete at least six hours of additional training within 60 days of receiving this order. 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, specific to program environment safety. You must get approval from Wilkin County prior to attending the training(s) and you must submit documentation of your attendance to Wilkin County. 6. You must either provide a copy of the Order of Conditional License and Order to Pay a Fine 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 Wilkin County within 10 days of receiving this order. For new families, you must submit documentation of compliance with this term to Wilkin County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Wilkin 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 DHS has received your appeal of the original Order of Conditional License and Order to Pay a Fine dated February 11, 2025, and the Amended Order of Conditional License and Order to Pay a Fine dated March 28, 2025. This Amended Order of Conditional License eliminates the Order to Pay a Fine. Under Minnesota Statutes, section 245A.06, subdivision 4 (2023), when a license holder is issued an order for a conditional license only, the license holder has the right to request an administrative reconsideration of the conditional license, and does not have a right to a contested care hearing. If you wish to seek reconsideration of this Amended Order of Conditional License, you must submit a new request according to the following instructions: · 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 request reconsideration 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 one year from that date. You continue to be required to comply with all family child care laws and rules. Prohibition against providing legally unlicensed child care If this action is not reversed , you will not be allowed to provide legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. Posting of this licensing action You are required to place this 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 request reconsideration. Legal authority for this licensing action · Under Minnesota Statutes, section 245C.14, an individual who is disqualified following a background study may not be retained in a position involving direct contact or access to persons served by a licensed program unless the disqualification has been set aside or a variance has been granted. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · 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 an unlicensed family child care is a misdemeanor 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. · 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 Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alexandra Keys, Unit Manager Licensing Division Office of Inspector General cc: Jennifer Meslow, Wilkin County Health and Human Services 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, parts of Chapter 245A (2023), as referenced in this document, remain 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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