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June 11, 2025 CERTIFIED MAIL Vanessa Peterson 5396 Loon Lane Northwest Rochester, Minnesota 55901 License Number 1089962 AFC ORDER OF LICENSE REVOCATION Dear Ms. Peterson: Based on the recommendation of Olmsted County Community Services, the Department of Human Services (DHS) is revoking your license to provide family adult foster care at 5396 Loon Lane Northwest, Rochester, Minnesota. This revocation is based on the Commissioner’s evaluation and failure to comply with licensing laws and rules. 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 persons served in your program, available evaluations from consumers of your program, and information about the qualifications of staff persons working in your program. DHS has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. You have been licensed as an adult foster care provider since October 20, 2017. From 2020 to January 2024, Olmsted County received multiple reports alleging concerns regarding your alcohol use. In June 2020 and September 2023, DHS conducted maltreatment investigations related to these concerns. The maltreatment findings were inconclusive, and each investigation resulted in a correction order as described below. In January 2024, Olmsted County conducted a licensing investigation. During the investigation you stated you had a resident purchase alcohol for you on more than one occasion. Olmsted County issued a correction order on January 30, 2024, which is listed below. In October 2024, Olmsted County conducted a visit in your home as a follow up on a correction order issued in September 2024. They determined you continued to not meet several licensing requirements which are listed below. Olmsted County offered to meet with you to help you come into compliance, but you have not responded to their communication. Based on the correction orders that have been issued, concerns with not meeting licensing requirements on an ongoing basis, and Olmsted County determining you have used or abused alcohol to the extent that it had or may have a negative impact on the health, rights, or safety of the persons served in your program, your license to provide adult foster care is being revoked. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules Olmsted County determined that you failed to fully comply with the laws and rules that apply to licensed adult foster 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 From January 2024 to June 2024, Olmsted County conducted a licensing investigation at your licensed program. Additionally, in October 2024, Olmsted County conducted a follow-up inspection. 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 a factor when it determined that revocation of your license is appropriate. 1. On June 20, 2024, Olmsted County determined that you have used or abused alcohol to the extent that the use or abuse had or may have a negative effect on the health, rights, or safety of persons served in your program. Rule violated: Minnesota Rules, part 9555.6125, subpart 4, item G. On October 15, 2024, Olmsted County conducted a follow-up inspection to determine if you addressed the correction order dated September 26, 2024. Additionally, Olmsted County offered additional support to address licensing violations. As of April 1, 2025, Olmsted County has made the following determinations: 1. Olmsted County determined your home did not maintain sanitation and cleanliness; the home and persons’ served bedrooms were cluttered which is a safety hazard for persons served in your program. Rule Violated: Minnesota Rules, part 9555.6225, subpart 1. 2. There were no records of individual resident placement agreements for persons served in your program. Rule Violated: Minnesota Rules, part 9555.5705 subpart 2. 3. Your program abuse prevention plan was not updated as required. Statute Violated: Minnesota Statutes, section 245A.65, subdivision 2. 4. Individual abuse prevention plans were not reviewed annually as required. Statute Violated: Minnesota Statutes, section 245A.65, subdivision 2. 5. There were no records of mobility assessments of the persons served in your program. Rule Violated: Minnesota Rules, part 9555.5605 subpart 2. 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 revocation of your license is appropriate. · September 26, 2024, Olmsted County Correction Order, which cited ten violations. Violations of concern include: o You did not provide individual resident placement agreements for residents, under Minnesota Rules, part 9555.5605, subpart 2 (correct citation is 9555.5705, subpart 2); Minnesota Rule, part 9555.6245, subpart 1-6 (correct citation 9555.6245, subpart 8). o You did not provide documentation to dispense medication to a person served, under Minnesota Rules, part 9555.6225, subpart 8. o You failed to provide veterinarian documentation for a cat in your home, under Minnesota Rules, part 9555.6225, subpart 7. o Your home was not clean because it had items on the floor that are unsafe for persons with limited mobility in your home, under Minnesota Rules, part 9555.6225, subpart 1. o You failed to post emergency phone numbers, under Minnesota Rules, part 9555.6225, subpart 5, item C. o The interdisciplinary team did not meet annually to review an IAPP, under Minnesota Statutes, section 245A.65, subdivision 2. · January 30, 2024, Olmsted County Correction Order, which cited two violations. Violations of concern include: o You failed to lock schedule II control substances in which the person served was able to consume the controlled substance that was not prescribed to them, under Minnesota Rules, part 9555.6225, subpart 9. o You requested a person served to purchase alcohol for you under Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c). · January 2, 2024, Olmsted County Correction order, which cited two violations. Violations of concern include: o Home safety violations, under Minnesota Rules, section 9555.6205, subpart 1. · September 8, 2023, DHS Correction Order as a result of a maltreatment investigation, which cited three violations. Violations of concern include: o You failed to provide clean bedding to a person served, under Minnesota Rules, part 9555.6205, subpart 4, item B, subitems (1) and (2). o You failed to ensure the residence was clean and free from accumulation of dirt, rubbish, peeling paint, vermin or insects, under Minnesota Rules, part 9555.6225, subpart 1 o You failed to provide care plans to DHS as requested, under Minnesota Statutes, section 245A.04, subdivision 5. · June 10, 2020, DHS issued a Correction Order as a result of a maltreatment investigation, which included one violation for not monitoring the implementation of your drug and alcohol policy, under Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b), part 3. From June 2020 to September 2024, you have been issued five correction orders. The licensing violations directly relate to your ability to provide for the health, safety, and rights of the vulnerable persons you serve. As a provider, you are required to provide a safe environment and work with the persons served support teams to complete assessments. This ensures people receive person-centered planning and services that meet their physical, mental, and emotional needs. Without assessments and proper documentation in place, DHS is unable to determine if you are adequately providing for the unique needs, interests, preferences, and desired outcomes of the persons served in your program. Severity of violations Many of the violations relate to the health, safety, and rights of persons served. DHS also considered the severity of these violations when it determined that revocation of your license is appropriate. Due to the serious and chronic nature of these violations and the conditions in the program, which impact the health, safety, and rights of persons served in your care, your license to provide adult foster 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: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of people served by your program could result in the immediate suspension of your license. 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. · 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. 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: Kristen Kunert, Olmsted County Community Services
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