Minnesota

June 11, 2025                     CERTIFIED MAIL

Sarah Oyesile

911 8th Avenue Northwest

Perham, Minnesota 56573

License Number 1125578 AFC (In Application)

ORDER OF LICENSE DENIAL

Dear Ms. Oyesile:

Based on the recommendation of Otter Tail County Human Services, the Department of Human Services (DHS) is denying your application for an adult foster care license. This denial is based on the commissioner’s evaluation and failure to submit a substantially complete application. Details of our findings are provided below. Our next steps and your options are also detailed.

REASON FOR LICENSE DENIAL

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 that would be served by your program, available evaluations from consumers of your program, and information about the qualifications of caregivers that would be working in your program. DHS has determined that denial of your license application is appropriate based on the violations identified below and the program evaluation.

  On August 26, 2024, Otter Tail County received your application for an adult foster care license.

Between September 2024 and October 2024, Otter Tail County made multiple attempts to assist you with completing the required application materials. Despite the assistance from Otter Tail County, you failed to complete a substantially complete application to meet licensing requirements as described below.

Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6.

2.  Failure to submit a substantially complete application

Otter Tail County communicated with you via email six times between September 4, 2024, and September 23, 2024, to review missing or incomplete application materials. Otter Tail County notified you on September 25, 2024, that your application to provide adult foster care services was incomplete and provided a 45-day timeline to come into compliance. This notice included a list of items still required for licensure. After issuing the incomplete application notice letter, Otter Tail County emailed you six additional times regarding your application. Following this notice and multiple attempts to provide assistance, your application continues to be substantially incomplete. Your last communication with Otter Tail County was October 23, 2024.

The following items are still missing or incomplete:

· Worker’s Compensation Form

· Three References

· Fire Marshal Inspection

· Emergency Escape/Floor Plan

· Drug and Alcohol Use Policy

· Grievance Procedure

· Vulnerable Adult Maltreatment Policy

· Vulnerable Adult Training for yourself and all caregivers

· Program Abuse Prevention Plan

· Adult Foster Care Program Plan

· Final walk-through inspection of your home

Legal Authority: Minnesota Statutes, section 245A.05, paragraph (a), subparagraph (1).

Because your failure to comply with licensing laws and rules does not demonstrate the ability to ensure the health, safety, and rights of persons who would be served in your care, your application to provide adult foster care is denied.

YOUR RIGHT TO APPEAL

You have the right to appeal the denial. 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 20 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 20 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 two years.

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.

Legal authority in this licensing action

· This action is taken under Minnesota Statutes, section 245A.05, subdivision (a), which describes under which conditions DHS may deny a license.

· “Applicant” is defined under Minnesota Statutes, section 245A.02, subdivision 3.

· Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter within the past two years.

Questions

If you have any further questions regarding this matter, you may contact Tawnya Arueya, Supervisor, at 651-201-5571.

Sincerely,

image

Mary Kelsey, Unit Manager

Licensing Division

Office of Inspector General

cc: Shalyn Jaroszewski, Sourcewell


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/