|
August 8, 2025 Jordan Matteson, Authorized Agent New Hope Child Care 1415 102nd Ave W Duluth, MN 55808 License Number: 1102873 (Child Care Ctr) Report Number: 202410820 Dear Jordan Matteson: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 1 and 2 in the Correction Order (enclosed) dated March 3, 2025. 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 1: Violation. Hot or hazardous surfaces were not shielded or insulated. On December 16, 2024, a child sustained a burn on thier (sic) back from a cast iron boiler pipe that was along the floor the lenght (sic) of a wall. (gymnasium: Preschool classroom). Request for Reconsideration. You contend, “According to the Maltreatment Investigation, all witness testimony including the AV ad FM of the AV concluded that the pipes were not ‘Hot or Hazardous’ and were never ‘Hot or Hazardous’. The injury the child sustained was never proven to be at our facility. The FM [family member] of the AV [child] testimony claimed the student pointed in the general direction of many things including the pipes that were not hot to the touch in every instance of verifying. The pipes were checked by multiple people immediately after and in the following days.” Applicable Law. Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns. Minnesota Rules, part 9503.0155, subpart 10. Reconsideration Determination. On October 16th, 2024, around 4:00 p.m., a staff person, P2, helped a three-year-old child (the AV) use and wipe up after the AV had a bowel movement on the toilet. P2 did not see any burn or injury on the AV. Then P2 and the AV went back to the gymnasium used by the program. The gymnasium is a large open room with a cast iron boiler pipe that goes from the floor up to the length of the wall. The cast iron boiler pipe was not shielded or insulated at that time. P2 and another staff person, P3, observed the AV and the other children. P2 observed that the AV played and did not look distraught. P2 left around 4:30 p.m. P3 observed that AV was playing and did not appear injured or crying. P3 left the gymnasium between 4:30 p.m. and 4:45pm before the FM arrived. The record demonstrates that the AV sustained a burn from the hot cast iron pipe in the gymnasium after the AV had used the bathroom and before 4:45 p.m. The AV did not have any observed injuries or distress at 4:00 p.m. when s/he entered the gym. At approximately 4:45pm, the FM picked the AV up from the program. The AV “walked to the FM and said his/her back ‘hurt.’” The AV pointed to the pipe when asked about how the burn happened. The FM took pictures of the burn. The pictures showed an approximately three-inch horizontal mark that was red and peeling across the AV’s lower back. Hot pipes in areas used by children are required to be shielded or insulated to prevent burns. The gymnasium is an area used by children. The pipe was a cast iron boiler pipe that ran along the wall of the gymnasium and was accessible to children. The pipe was not shielded or insulated. Although staff persons provided information that they were not aware the pipe was hot at that time, it was a hot pipe requiring shielding or insulation because, like a radiator or fireplace, it does become hot when in use. Citation 1 is affirmed. Citation 2: Violation. The program did not comply with the reporting requirements for abuse and neglect; the program failed to report an instance of suspected abuse or neglect. On December 16, 2024, a child received a burn from a pipe and the facility did not notify the licensing agency of the incident. Request for Reconsideration. You contend, “at the time of incident, no abuse or neglect was suspected…The AV’s FM did not seek medical attention due to the minor nature of the injury and we had no reason to suspect neglect as defined in Minnesota Statues 260E.03 Subdivision 15.” Applicable Law. Licensor holders must comply with the required reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E. Minnesota Rules, part 9503.0130, subpart 1. A child care professional who knows or has reason to believe a child is being maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years shall immediately report the information to the ... agency responsible for assessing or investigating the report. Minnesota Statutes, section 260E.06, subdivision 1, paragraph (a), subparagraph (1). Reporters must make an oral report immediately by telephone or otherwise, and shall be followed by a report in writing to the appropriate agency. Minnesota Statutes, section 260E.09, paragraph (a). The definition of maltreatment includes neglect. Minnesota Statutes, section 260E.03, subdivision 12, paragraph (2). Neglect includes the following acts: (1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so; (2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so. Minnesota Statutes, section 260E.03, subdivision 15. Reconsideration Determination. The requirement to report is not limited to situations where a person is certain that maltreatment occurred, reports must be made when there is reason to believe that a child was subjected to maltreatment. On October 16, 2024, three staff members had knowledge of the AV’s injury. Although the staff members did not know whether the cast iron pipe was hot at that time, the staff members knew that the AV did not have a burn at 4:00 p.m. that afternoon, but had a burn at 4:45 p.m. Multiple staff were aware of a burn mark, observed to be blistered and peeling, that appeared on the AV’s body within a 45-minute period while in care at the program. A blistering and peeling burn-mark that appeared on a three-year-old child while under the program’s care is sufficient reason to believe that the child was maltreated, as neglect includes the failure to protect a child from conditions or actions that seriously endanger the child’s physical health when reasonably able to do so, and the failure to supply a child with care required for the child’s for the child’s physical health when reasonable able to do so. None of the staff members present when the injury was observed made an immediate oral report as required on October 16, 2024. The following day, October 17, 2024, P2 informed P1 of the AV’s burn from the cast iron pipe in the gymnasium. P1 did not make an oral report at that time. Citation 2 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 1 and 2 are 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, 245A.06, 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,
Hlee Vang, Attorney Legal Counsel’s Office Office of Inspector General
|
