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June 3, 2025 CERTIFIED MAIL Katie Brateng 406 Hickory Road Thief River Falls, MN 56701-4011 License Number 1094796 FCC ORDER OF LICENSE REVOCATION Dear Ms. Brateng: Based on the recommendation of Pennington County Human Services, (Pennington County), the Department of Human Services (DHS) is revoking your license to provide family child care at 406 Hickory Road, Thief River Falls, MN. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 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 a child in your care received a significant injury, because you were found responsible for maltreatment, and because you are disqualified. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6.1
2. Determination that the license holder is responsible for maltreatment May 9, 2025, Maltreatment Determination On May 9, 2025, Pennington County determined that you were responsible for maltreatment of a minor by abuse. Specifically, Pennington County determined that there is enough clinical evidence and information to indicate that a child received a serious injury due to physical abuse while in your care. You were informed of your right to request reconsideration of the maltreatment determination. Because you did not make a timely request for reconsideration, the agency’s maltreatment determination is final. If you appeal this revocation order, as explained below, the underlying maltreatment determination will not be reviewed as a part of the contested case hearing. Statute Violated: Minnesota Statutes, section 260E.03 Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3 paragraph (a) subparagraph (1). License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DHS is not imposing this fine. If the revocation is rescinded, DHS may impose the fine at that time. 3. Disqualification of the license holder or a household member/individual affiliated with your program. On May 30, 2025, DHS notified you that you had a disqualification, and of the right to request reconsideration. The disqualification was for serious maltreatment. If you make a timely request for reconsideration of the May 30, 2025 disqualification determination, and the disqualification is determined to be correctly disqualifying upon reconsideration, you will be notified of the right to request a fair hearing. If you request reconsideration of your disqualification and the disqualification is upheld, and If you request a fair hearing regarding the disqualification and you appeal this revocation order, as described below, the correctness of your disqualification will be heard along with the revocation at a contested case hearing. Please note, if you do not request reconsideration or a fair hearing, your disqualification will become conclusive, and you will not be able to challenge it at the revocation hearing. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (2); Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d) (1). 4. Failure to comply with licensing laws and rules Pennington County determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations New violations determined Pennington 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 well as the maltreatment determination described above, as a factor when it determined that revocation of your license is appropriate. 1. Pennington County determined that you failed to use behavior guidance methods that were positive and suited to the age of the child when a child sustained a leg fracture while in your care. Rule Violated: Minnesota Rules, part 9502.0395, subpart 1. B 2. Pennington County determined that you failed to provide required supervision when a child sustained a leg fracture, and you reported that you did not know how this happened. Rule Violated: Minnesota Rules, part 9502.0365, subpart 5 3. Pennington County Determined that you failed to ensure that all children were not subject to corporal punishment when a child sustained a Leg fracture from physical abuse. Rule Violated: Minnesota Rules, part 9502.0395, subpart 2 A 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 orders for further details on these violations. If you do not have copies of these orders, contact your Pennington County licensor for assistance. DHS also considered this history as a factor when it determined that revocation of your license is appropriate. · March 6, 2025, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. · August 27, 2024, Correction Order which cited you for the following violations: o You failed to provide documentation that you had completed the 16 hours of annual training as required. o You failed to ensure that all smoke detectors were properly installed and working as required. · August 31, 2023, Correction Order for failing to comply with a Correction Order that was issued on December 14, 2022. · December 14, 2022, Correction Order for failing to provide documentation that you had completed the two hours of annual active supervision training as required. · July 29, 2022, Correction Order which cited you for the following violations: o You failed to have a written fire escape plan as required. o You failed to ensure that your water temperature was at or below 120 degrees Fahrenheit when your water temperature was 131 degrees Fahrenheit. o You failed to ensure that the basement was inspected by a Fire Marshal prior to use. Severity of violations Because you are responsible for maltreatment of a child, you are disqualified from any position allowing direct contact with, or access to, persons served by DHS-licensed programs, and due to the serious and chronic nature of the licensing 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 services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. 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. 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 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. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. 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.lawhelpmn.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. Operating the program pending the outcome of the appeal: On March 6, 2025, DHS issued a Order of Temporary Immediate Suspension on your family child care license. Because the immediate suspension of your license remains in effect, if you appeal the revocation, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this revocationorder could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s). If you have questions about: · Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice. · Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP. Prohibition against providing legally unlicensed child care On March 6, 2025, 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. Posting of this Licensing Action You are required to place this Order of License Revocation 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 · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may revoke a license. · When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (f). · When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a). · Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination. · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4) states that license holders shall pay a $1000 fine for each determination of maltreatment under 260E. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 245A.08. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 245A.03, subdivision 2a provides that an applicant for licensure who has received a license revocation 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.07, subdivision 5. 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: Liz Gerhart, Pennington County Human Services 1The 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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