|
November 21, 2024 CERTIFIED MAIL Jennifer Minett 121 Central Avenue South Balaton, MN 56115 License Number 1090113 FCC ORDER OF SUSPENSION Dear Ms. Minett: Based on the recommendation of Southwest Health and Human Services, the Department of Human Services (DHS) is suspending your license to provide family child care at 121 Central Avenue South, Balaton, MN. Details of our findings are provided below. Our next steps and your options are also detailed. Because your license is currently temporarily suspended due to a Temporary Immediate Suspension Order as explained below, this suspension is effective immediately. You are also prohibited from operating as a legally unlicensed child care provider at this time. REASON FOR SUSPENSION 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 of your program, and information about the qualifications of caregivers working in your program. Specifically, because there is an open investigation on an individual affiliated with your program. DHS has determined that suspension of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Open ongoing investigation and judicial proceedings On September 4, 2024, Southwest Health and Human Services received a report indicating the initiation of a criminal investigation involving a household member of your program. As a result of this, DHS issued an Order of Temporary Immediate Suspension on your family child care license on September 6, 2024. You did appeal the order, but it was determined to be beyond the appeal timeline set forth in statute. The appeal was therefore not accepted, and the immediate suspension of your license remains in effect. There is a related, ongoing investigation by Southwest Health and Human Services. Due to the open investigation, no additional information can be released in this order. Additionally, there are ongoing judicial proceedings that are related to the report that led to the immediate suspension order. The outcome of the related, ongoing investigation and judicial proceedings are necessary to determine if a final licensing sanction will be issued. DHS cannot ensure the health and safety of the children served by your program at this time. DHS has determined that the health, safety, and rights of children in your care continue to be at imminent risk of harm. Therefore, DHS is suspending your license to provide family child care. Legal Authority: Minnesota Statutes, section 245A.07, subdivisions 2a, paragraph (b), subparagraph (2), and 3, paragraph (a), subparagraph (7). 3. Failure to comply with licensing laws and rules Southwest Health and Human Services 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 these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations Licensing history 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 and licensing actions for further details on these violations. If you do not have copies of these orders, contact your Southwest Health and Human Services licensor for assistance. DHS also considered this history as a factor when it determined that a suspension is appropriate. · September 6, 2024, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. · August 31, 2022, Correction Order, which cited you for failing to provide required supervision when preschool children were outside without a caregiver. · July 29, 2021, Correction Order, which cited you for the following violations: o You failed to submit documentation that you reviewed the U.S. Consumer Product Safety Commission (USCPSC) website to verify if a crib was marked safe or unsafe. o You failed to submit documentation that all mesh sided or fabric sided play yards, pack and plays, or playpens accessible to children were inspected monthly to ensure they meet all safety requirements. 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 services is suspended. YOUR RIGHT TO APPEAL You have the right to appeal the suspension. 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. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive 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 receive 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. 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: As discussed above, because the immediate suspension of your license remains in effect, if you appeal the suspension, 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 suspension order 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. Posting of this Licensing Action You are required to place this Order of Suspension 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. Prohibition against providing legally unlicensed child care On September 6, 2024, 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. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may suspend a license. · Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · When a report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder that has received a final order immediately suspending a license continues to be prohibited from operating a program upon receipt of an order to suspend the license under Minnesota Statutes, section 245A.07, subdivision 2a, paragraph (c). · Minnesota Statutes, section 245A.03, subdivision 2 and 3 provides that a license holder under a temporary immediate suspension may not operate as a legally unlicensed child care provider. · 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 and Minnesota Rules, parts 1400.8505 to 1400.8612. · 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, Family Child Care Unit Manager Licensing Division Office of Inspector General cc: Lori Tammeus, Southwest Health and Human Services.
|
