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September 4, 2025 Makhtal Ahmad, Authorized Agent Tendercare Learning Center LLC 8040 Old Cedar Avenue South, Suite 3 Bloomington, MN 55425 License Number 1081825 (Child Care Center) ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATION Dear Makhtal Ahmad: The Department of Children, Youth, and Families (DCYF) is ordering you to pay a fine of $1200 for six background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirements: Background Study Violations Determined on August 20, 2025: 1. While preparing for a licensing visit, a DCYF licensor determined that you failed to meet the background study requirements for one staff person while s/he was working in a position allowing direct contact with children served by the program. SP1 began working in a position allowing direct contact services to persons served by the program on August 30, 2023. You initiated an enhanced background study for SP1 on July 26, 2023. You separated SP1 from your background study roster on October 10, 2023. It was determined through conversations and on-site observations, that SP1 was working with children without a background study on August 20, 2025. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraph (a); section 245C.05, subdivision 2, paragraph (a); and section 245C.13, subdivision 2. 2. While preparing for a licensing review, a DCYF licensor determined you failed to repeat a background study for five child care program staff within five years of the staff person’s most recent study. SP2 began working in a position allowing direct contact services to persons served by the program on March 13, 2017. You initiated an enhanced background study request for SP2 on March 3, 2020. SP2’s background study expired on March 5, 2025. However, you did not initiate a new background study request until June 10, 2025. SP1 worked without a background study from March 5, 2025, to June 10, 2025. SP3 began working in a position allowing direct contact services to persons served by the program on September 20, 2017. You initiated an enhanced background study request for SP3 on February 13, 2020. SP3’s fingerprints were previously taken on October 18, 2019. Because SP3’s fingerprints were previously taken on October 18, 2019, SP3’s background study expired on October 20, 2024. However, you did not initiate a new background study request until October 28 2024. SP3 worked without a background study from October 20, 2024, to October 28, 2024. SP4 began working in a position allowing direct contact services to persons served by the program on October 3, 2016. You initiated an enhanced background study request for SP4 on March 3, 2020. SP4’s background study expired on March 5, 2025. However, you did not initiate a new background study request until June 10, 2025. SP4 worked without a background study from March 5, 2025, to June 10, 2025. SP5 began working in a position allowing direct contact services to persons served by the program on August 27, 2016. You initiated an enhanced background study request for SP5 on March 4, 2020. SP5’s background study expired on March 5, 2025. However, you did not initiate a new background study request until June 2, 2025. SP5 worked without a background study from March 5, 2025, to June 2, 2025. SP6 began working in a position allowing direct contact services to persons served by the program on October 3, 2016. You initiated an enhanced background study request for SP6 on March 3, 2020. SP6’s background study expired on March 5, 2025. However, you did not initiate a new background study request until June 2, 2025. SP6 worked without a background study from March 5, 2025, to June 2, 2025. Statute Violated: Minnesota Statutes, section 245C.03, subdivision 1, paragraph (a); section 245C.04, subdivision 1, paragraph (b); and section 245C.05, subdivision 2, paragraph (a). Fine: $1200 (six background study violations – six fineable at $200 per violation) Corrective Action Required: 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. Billing and Payment of the Fine After 10 calendar days from the date of this letter, DCYF will issue you an invoice for the $1200 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. Following the contested case hearing, the Commissioner of DCYF will issue a final order on this matter. 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, you are personally 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 You have the right to appeal this fine. If you choose to appeal this order, you must use the Provider Hub (https://providerhub.dhs.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’ 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. 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.justice4mn.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 Order to Pay a Fine 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. Legal Authority for this Licensing Action · DCYF may impose a $200 fine for each background study violation under Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c)(4)(iv). · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d)(4), 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. · The requirement to post 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 Jay Condon,unit supervisor, at 651-431-6030, extension 4002. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
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