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July 31, 2025
Jessica Johnson, Authorized Agent Yellow Brick Road ECDC 4816 Overlook Dr. Bloomington, MN 55437
License Number: 1095980 (Child Care Ctr) Program Location: 12760 Anderson Lakes Pkwy, Eden Prairie, MN 55344-6606
Dear Jessica Johnson:
The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citations 4 and 5 in the Correction Order dated March 12, 2025. You did not request reconsideration of Citations 1 through 3, and 6. Citations 1 through 3, and 6 are final and not subject to 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 CITATIONS AND RECONSIDERATION DETERMINATION:
Citation 4:
Violation. The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 1 of 8 (SP1) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment before unsupervised contact with a child (SP1).
Request for Reconsideration. You contend, “In documentation submitted to licensing in preparation for the visit, [SP1’s] PIF had a first unsupervised date of contact of March 4, 2024. This was after her First Aid/CPR was complete.”
Applicable Law. The director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training every two years. Pediatric training must include instruction, hands-on practice, and an in-person, observed skills assessment under the direct supervision of a CPR instructor. Pediatric CPR training must be completed prior to having unsupervised direct contact with a child. Minnesota Statutes, section 245A.40, subdivision 4.
The license holder must ensure that personnel record for each staff person is maintained at the center, and the record contains documentation that CPT training is completed as required. Minnesota Rules, part 9503.0120, subpart D.
Reconsideration Determination.
SP1’s first date of unsupervised contact was identified as January 15, 2024, on the SP1’s Orientation Training Form. This training was required to be completed prior to that date. However, even if first date of unsupervised contact was March 4, 2024, as you contend in your request for reconsideration, the documentation contained in the SP1’s record was not sufficient to demonstrate that the CPR requirement was met.
SP1’s MNCCHC Pediatric CPR & First Aid Certificate of Completion states “In-person hands-on practice and observed skills assessment under direct supervision of the checked AHA CPR Instructor completed on date below. Certification is not complete until stamped from an MNCCHC instructor (emphasis added).” SP1’s certificate is not stamped and not “complete.” Therefore SP1’s pediatric CPR certificate is invalid, and SP1 has not completed pediatric CPR and first aid training before SP1’s first unsupervised direct contact with a child.
The program did not dispute Citation 4 during the licensing review and did not mention that any additional documents regarding SP1’s training were available on Develop. The additional documentation the program submitted on reconsideration for SP1 from the CDA National Credentialing Program is from January 14, 2025 to January 14, 2028, which is well after January 15, 2024 and March 4, 2024 of first date of unsupervised contact with a child, and the CDA Certificate is insufficient to show that SP1 had completed pediatric CPR and first aid training. Moreover, all documents must be in the personnel file for review, not other extraneous places. The record supports Citation 4, and it is affirmed.
Citation 5
Violation. The program did not comply with first aid training requirements. Documentation was not available on site to show that 2 of 8 (SP1 and SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: within 90 days of the start of work or within the previous two years (SP3); and before unsupervised direct contact with a child (SP1 and SP3).
Request for Reconsideration.
You contend, “SP3’s First Aid and CPR are compliant with licensing requirements; her Develop learning record is attached for the Certificate that was in her file. The record was accessible on Develop at the time of the visit.”
Applicable Law. The director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid training every two years, prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Pediatric first aid training must be repeated at least every second calendar year. Minnesota Statutes, section 245A.40, subdivision 3 and Minnesota Rules, part 9503.0120, subpart D.
Reconsideration Determination.
SP3’s unsupervised contact date was listed as December 9, 2024. During the licensing review, the only documentation provided to the licensor from SP3’s personnel file was for Basic Life Support from the American Heart Association. SP3’s BLS certificate states that SP3 “has successfully completed the cognitive and skills evaluations in accordance with the curriculum of the American Heart Association Basic Life Support (CPR and AED) Program.” The certificate, on its face, references basic life support including CPR and AED. The certificate makes no reference to pediatric first aid. During the licensing review, the program did not dispute Citation 5 and did not mention that any additional documents regarding SP3’s training for pediatric first aid were available on Develop. Moreover, all documents must be in the personnel record maintained at the center. The record supports Citation 5, and it is affirmed.
Disposition
The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 4 and 5 are affirmed. You did not request reconsideration of Citations 1 to 3, and 6. Citations 1 to 3, and 6 are final and not subject to review. 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.
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/
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