|
October 29, 2025 CERTIFIED MAIL Tierra Klutman 319 West Brown Street Luverne, MN 56156-1401 License Number 1114037 FCC ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Klutman: Based on the recommendation of Southwest Health and Human Services (SWHHS), the Department of Children, Youth, and Families (DCYF) is placing your license to provide family child care at 319 West Brown Street Luverne, MN on conditional status for one year, beginning October 29, 2025. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. In addition, DCYF is ordering you to pay a fine of $1200. Details of our findings are provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DCYF evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you were found responsible for maltreatment, because you failed to provide required supervision, and because you failed to follow sudden unexpected infant death (SUID) reduction requirements. DCYF has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 142B.10, subdivision 13. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, SWHHS County determined that your program failed to comply with the laws and rules for licensed family child care. DCYF has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 142B.16, subdivision 1. Nature, history and severity of violations Licensing History The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your SWHHS County licensor for assistance. DCYF also considered this history as a factor when it determined that a Conditional License is appropriate. · July 16, 2025, Correction Order, which cited the following violations: o You failed to provider required supervision when you went outside to tend to your animals, leaving the children without supervision for 3-5 minutes. You left an infant strapped into their car seat sitting on an ottoman. o You failed to follow SUID reduction requirements when you admitted to sleeping an infant in a car seat. · October 24, 2022, Correction Order, which cited the following violations: o You failed to provide required supervision when a toddler was outside without an adult caregiver. o You failed to ensure that the play area was free from animal excrement when there was dog feces in the play area. · October 6, 2022, Correction Order, which cited you for failing to have a window that met egress requirements in a room where an infant slept. Severity of violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide family child care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You must follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period. 3. You must submit a detailed supervision plan to SWHHS County. This plan must outline your plan for supervising children inside and outside your program, as well as what your plan is while you attend to your pets. This plan must be submitted within 15 days of this order and approved by SWHHS County. 4. You must complete at least six hours of additional training within 60 days of receiving this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 142B.70. The training(s) must include the topics of infant safe sleep and active supervision. You must get approval from SWHHS County prior to attending the training(s) and you must submit documentation of your attendance to SWHHS County. 5. You must either provide a copy of the Order to Pay a Fine and Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the order or had an opportunity to review the order and submit documentation of compliance with this term to SWHHS County within 30 days of this order. For new families, you must submit documentation of compliance with this term to SWHHS County within 5 days of any child’s enrollment to your child care program. Ongoing Monitoring Your SWHHS County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DCYF may take an additional licensing sanction, including a revocation of your license. REASON FOR FINE 1. Violation of Safe Sleep Practices As a result of an investigation conducted on July 15, 2025, SWHHS determined that you failed to follow sudden unexpected infant death (SUID) reduction requirements. Specifically, you did not have a pack and play set up for an infant in care. You admitted to having the infant nap in their car seat for 1-2 hours in length. Statute Violated: Minnesota Statutes, section 142B.46. Fine: $200 2. Determination of Maltreatment It was reported that you left children alone inside your residence while you went outside to attend to your pets. This was determined to be a common practice for you. While you were outside, children were dropped off inside your program and you did not know that they had entered the program. SWHHS County investigated the report as alleged maltreatment by neglect. Based on the maltreatment investigation, SWHHS County determined that you were responsible for neglect of a minor. Specifically, neglect of supervision. On August 19, 2025, SWHHS County notified you of the maltreatment determination and of your right to request reconsideration. You did not make a timely request for reconsideration. The maltreatment determination is now final. If you appeal this fine order, as described below, the maltreatment determination will not be reviewed as a part of the contested case hearing. Legal Authority: Minnesota Statutes, section 260E.06 Because SWHHS County determined that you are responsible for maltreatment of a minor, you must pay a $1000 fine. Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(ii). Total Fine Amount $1200 YOUR APPEAL/RECONSIDERATION RIGHTS If You Wish to Appeal the Fine and the Conditional License, or Just the Fine You have the right to appeal both the fine and the conditional license, or only the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Children, Youth, and Families Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DCYF within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Children, Youth, and Families Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 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. If You Wish to Only Appeal the Conditional License If you are not appealing the fine, you do not have a right to a contested case hearing. However, you have the right to request reconsideration of the conditional license and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Children, Youth, and Families Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DCYF within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Children, Youth, and Families Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Billing and Payment of the Fine DCYF will send you an invoice for the $1200 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described above, 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 above, 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. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DCYF. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for one year from that date. You continue to be required to comply with all family child care laws and rules. 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 Order to Pay a Fine and Order of Conditional License 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. Prohibition against providing legally unlicensed child care If this action is not reversed on appeal, you will not be allowed to provide legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. 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. · DCYF may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(iv). · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(i), provides that DCYF may impose a $1000 fine for each determination of maltreatment for which the license holder is determined responsible. · When a fine order is based on a maltreatment determination for which a fair hearing has been timely requested, the scope of the contested case hearing for the fine shall also include the maltreatment and a fair hearing shall not be held, under Minnesota Statutes, section 142B.20, subdivision 3. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (5), states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 142B.12, subdivisions 5 and 8, state 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), subparagraph (c), 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. · The timeline to request reconsideration of the order of conditional license is provided in Minnesota Statutes, section 142B.16, subdivision 4. · 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. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DCYF under Minnesota Statutes, section 142B.16, subdivision 4. · Under Minnesota Statutes, section 142B.16, subdivision 4, if DCYF issues a dual order to pay a fine and a conditional license and the license holder appeals both the fine and the conditional license, DCYF will not do a separate reconsideration of the conditional license. If the license holder does not appeal the fine but requests reconsideration of the conditional license, then the license holder does not have a right to a hearing and DCYF will conduct a reconsideration of the conditional license. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 142B.18, subdivision 6. · Minnesota Statutes, section 142B.05, subdivision 4, provides that a child care provider who has received a Fine or Conditional Order that has not been reversed on appeal may not operate as a legally unlicensed child care provider to non-relatives. Operating a prohibited unlicensed family child care is a misdemeanor under Minnesota Statutes, section 142B.05, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alexandra Keys, Unit Manager Licensing Division Office of Inspector General cc: Angie Frisk, Southwest Health and Human Services
|
