Minnesota

June 27, 2025

Lori Holicky, Authorized Agent

Trinity Lutheran Preschool

500 W Church St

Belle Plaine, MN 56011-1413

License Number: 1095394 (Child Care Ctr)

Program Location: 500 W Church St, Belle Plaine, MN 56011-1413

Dear Lori Holicky,:

The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 1 from the Correction Order dated March 31, 2025. You did not challenge the remaining citations, and those citations are therefore final and not within the scope of this review.

On June 18, 2025, licensing functions for child care centers, family child care programs, and child foster care programs, and maltreatment investigations involving child care centers, have been transferred from Minnesota Department of Human Services, Office of Inspector General (DHS), to the new Minnesota Department of Children, Youth, and Families (DCYF), as directed by state law.  While this matter began under DHS, pursuant to Minnesota Statutes, section 15.039, subdivision 2, DCYF is now the responsible agency.

SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:

Citation 1: Documentation was not available on site to verify that before starting assigned duties 2 of 2 (SP7 and SP8) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP7 and SP8). Training was required before direct contact with children. Direct contact 9/3/2024; Training 10/9/2024. (SP7 and SP8).

Request for Reconsideration: You contend that SP7 and SP8 were substitute teachers and had other roles and duties at the school. Specifically, SP7 was the Principal and SP8 was the Secretary. You assert that SP7 and SP8 never had direct contact with the children. You wrote SP7’s and SP8’s first date of contact as the first day of school of September 3, 2024. You stated that you did not know what other date to use for first day of contact, SP7 and SP8 completed the required Orientation Training Record (“OTR”) and background check process and training before September 4, 2024, and that SP7 and SP8 completed the Bloodborne Pathogens training on October 9, 2024. You listed SP7 and SP8 as “back up” only, and neither SP7 nor SP8 had direct contact with the children. Finally, you also stated, “Please remove the fine with this citation.”

Applicable Law: The child care center license holder must ensure that the director, staff persons, substitutes, and unsupervised volunteers are given orientation training and successfully complete the training before starting assigned duties. The orientation training must include information about procedures for maintaining health and safety according to section 245A.41 and Minnesota Rules, part 9503.0140. Minnesota Statute, section 245A.40, subdivision 1. Minnesota Statutes, section 245A.41, subdivision 2 identifies procedures for handling and disposal of bodily fluids.

The license holder shall develop program policies and procedures necessary to maintain compliance with licensing requirements under Minnesota Statutes and Minnesota Rules. The license holder shall provide training to program staff related to their duties in implementing the program's policies and procedures developed under paragraph (a). Minnesota Statute, section 245A.04, subdivision 14, paragraph (b), clause (1).

Reconsideration Determination:

Staff persons and substitutes are required to complete orientation training, including training on handling and disposal of bodily fluids prior to starting assigned duties. SP7 and SP8 were substitutes and required to complete the training before starting their assigned duties.

The Personnel Information Form (“PIF”) and OTR for SP7 identified SP7’s role was “Unqualified Substitute.” . SP7’s first date of contact with children as September 3, 2024 on SP7’s PIF and OTR. However, SP7 did not complete the required handling and disposal of bodily fluids training before September 3, 2024. Instead, SP7 completed the Bloodborne Pathogens training on October 9, 2024 after the listed start date.

SP8 role was “Substitute” on SP8’s PIF and OTR. SP8’s first date of contact with the children as September 3, 2024 on SP8’s PIF and OTR. However, SP8 did not complete the required handling and disposal of bodily fluids training before September 3, 2024. Instead, SP8 completed the Bloodborne Pathogens training on October 9, 2024 after the listed start date.

Citation 1 is affirmed because SP7 and SP8 did not complete the required training before the first date of contact.

Regarding your request to remove the fine associated with this citation: DHS did not issue a fine associated with this citation or Correction Order.

Disposition

The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 1 is 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, 142B.16, 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.

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Sincerely,

Afsheen Foroozan, Attorney

Legal Counsel’s Office

Office of Inspector General

  


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

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