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June 11, 2025 Kimberly Baar, Authorized Agent KinderCare Learning Center 8425 City Centre Dr. Woodbury, MN 55125 License Number: 800466 (Child Care Ctr) Program Location: 2070 Burns Ave, Saint Paul, MN 55119-4606 Report Number: 202403248 Dear Kimberly Baar: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 1 and 2 in the Correction Order dated February 21, 2025. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation _1: Violation. The program violated the behavior guidance policy prohibiting certain actions. On April 10, 2024, after a child (C1) ran out of a classroom, a staff person (SP1) hit C1 on the head with an iPad. C1 sustained a small bump on his/her head. (Pre K: Preschool classroom (sic) ). Request for Reconsideration. You contend, “[t]his maltreatment report was reported to Samantha via email asking her to call us on 4/11 so we can explain and discuss. She didn’t call back (sic) so we reported to the on call (sic) licensor to use another avenue of reporting.” Applicable Law. The license holder must have and enforce a policy that prohibits subjection of a child to corporal punishment by or at the direction of a staff person. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking. Minnesota Rules, part 9503.0055, subpart (A). Reconsideration Determination. On April 10, 2024, around the noon hour and afternoon, SP1 hit C1 with an iPad on C1’s head; and SP1 kicked C1. SP3 witnessed the two acts of corporal punishment. SP3 did not intervene. SP3 did not stop SP1. The program has a policy to enforce “Guidance, Protection of and respect for Children OP-300.” This policy states, “Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable… All employees are expected to protect children by observing each other and their surroundings and reporting any concerning actions or unsafe conditions.” Although the program has a policy prohibiting corporal punishment, the program failed to enforce the policy because SP1 subjected C1 to corporal punishment. SP3 failed to intervene. Both SP1 and SP3 failed to prohibit corporal punishment against C1. Citation 1 is affirmed. Citation 2 Violation. The program did not comply with the reporting requirements for abuse and neglect; the program failed to report an instance of suspected abuse or neglect. On April 10, 2024, multiple staff persons at various levels of authority were aware of a possilbe (sic) incident of maltreatment, yet a report was not received by the Department of Human Services until April 12, 2024. Request for Reconsideration. You contend, “[t]his maltreatment report was reported to Samantha via email asking her to call us on 4/11 so we can explain and discuss. She didn’t call back (sic) so we reported to the on call (sic) licensor to use another avenue of reporting.” Applicable Law. Licensors must comply with the required reporting requirements for abuse and maltreatment. Mandatory reporters shall make an immediate oral report by telephone or otherwise. Minnesota Rules, part 9503.0130, subpart 1, Minnesota Statutes, section 260E.06, subdivision 1(a) and section 260E.09. Reconsideration Determination. On April 10, 2024, SP1 hit C1 with an iPad and kicked C1. SP3 witnessed both maltreatment incidents. Later that day, SP3 disclosed SP1’s abuse and maltreatment of C1 to SP2. On April 11, 2024, SP2 emailed the DHS licensor, “Please Call (sic) me ASAP! I have an accusation of maltreatment that I need to chat with you about.” SP1 did not make an immediate self-report to the licensing authority or law enforcement. SP2 and SP3 failed to make an immediate oral report of the maltreatment to the licensing authority or law enforcement. On April 12, 2024, SP2 reported the maltreatment incident to DHS via the maltreatment hotline. As nobody from the program made an immediate oral report, Citation 2 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 1 and 2 are affirmed. This is a final agency decision. Previously Ordered Corrective Action: In the original Correction Order, you were ordered to correct the violation(s) cited, and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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