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July 31, 2025 ISSUED VIA PROVIDER HUB Chad Dunkley, Authorized Agent New Horizon Child Care Inc. 3405 Annapolis Ln N Ste 100 Plymouth, MN 55447 License Number 808906-CCC (Child Care Center) Report Number 202500959 DETERMINATION OF MALTREATMENT AND ORDER TO PAY A FINE Dear Chad Dunkley: The Department of Children, Youth, and Families (DCYF) determined that New Horizon Academy located at 3510 Federal Drive in Eagan, Minnesota is responsible for maltreatment by neglect. Based on this determination, DCYF is ordering you to pay a fine of $1,000. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202500959. Our next steps and your options are also detailed. Determination of Maltreatment It was reported that an alleged victim (AV) was in a bathroom alone, walked into an empty adjoining classroom, proceeded out of that classroom into a hallway, and out the front door without staff person knowledge or supervision. The AV was without staff person supervision for approximately three minutes. DCYF investigated the report as alleged maltreatment by neglect. Based on the maltreatment investigation, DCYF determined that New Horizon Academy was responsible for neglect of the AV. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 260E.30, subdivision 2. Citations Related to the Maltreatment Determination Citation: Minnesota Statutes, section 142B.01, subdivision 27, and Minnesota Rules, part 9503.0045, subpart 1, item A. Violation: Staff did not supervise the children at all times. On February 3, 2025, a child, who was three years old, was unsupervised for approximately three minutes when s/he left a bathroom into an unoccupied classroom, went out that classroom door, walked down the hall to the facility’s front door, exited the facility, and played on facility grounds without staff knowledge or supervision. Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Corrective Action Ordered: Correct immediately and submit your response through the Provider Hub within 30 days from the date of this letter detailing how compliance has been achieved. You must maintain compliance going forward. Order to Pay a Fine Because DCYF determined that New Horizon Academy is responsible for maltreatment of the AV, you must pay a $1,000 fine. Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4). Billing and Payment of the Fine After 10 days from the date of this letter, DCYF will send you an invoice for the $1,000 fine through the Provider Hub. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DCYF will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. YOUR RIGHT TO APPEAL 1. Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. If you choose to appeal, you must use the Provider Hub (https://providerhub.DCYF.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. Upon DCYF’s 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 DCYF will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. You must use the Provider Hub (https://providerhub.DCYF.mn.gov/) to submit your request before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when this order was issued in the Provider Hub. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request for reconsideration must be submitted in the Provider Hub within 15 calendar days from the date it was issued in the Provider Hub. A response to your reconsideration request will be sent within 15 working days after DCYF receives your request. You have the right to request a fair hearing if a response is not sent within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. If you choose to appeal, you must use the Provider Hub (https://providerhub.DCYF.mn.gov/) to submit your request. Your request must be made before the deadline provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when this order was issued in the Provider Hub. Your request for an appeal must be submitted in the Provider Hub within 10 calendar days from the date it was issued in the Provider Hub. Upon DCYF’s 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 DCYF will issue a final order. 4. 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. Posting of this licensing action You are required to place this Maltreatment Determination and Order to Pay a Fine and the Investigation Memorandum in a place that is clearly noticeable to the people receiving services and all visitors to the facility for four years, even if you appeal. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 142B.18, subdivision 1, paragraph (a), which describes under which conditions DCYF may impose a fine against a license. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), clause (4), item (i) provides that DCYF may impose a $1,000 fine for each determination of maltreatment of a child under chapter 260E for which the license holder is determined responsible. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 142B.12, subdivision 8, states that DCYF shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · 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. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 260E.33. · The requirement to post the investigation memorandum and this order in a clearly visible location is required under Minnesota Statutes, section 142B.18, subdivision 6. Questions If you have any further questions regarding this matter, you may contact Marie Tierney, Supervisor, at 651-539-8273. Sincerely,
Mary Kelsey, Licensing Director Office of Inspector General
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