Minnesota

November 21, 2025                  CERTIFIED MAIL

Abby Palmer

31298 Knox Avenue

Redwood Falls, MN 56283-2450

License Number 1120362 FCC

ORDER OF LICENSE REVOCATION

Dear Ms. Palmer:

Based on the recommendation of Southwest Health and Human Services (SWHHS), the Department of Children, Youth, and Families (DCYF) is revoking your license to provide family child care services at 31298 Knox Avenue, Redwood Falls, MN. Details of our findings are provided below. Our next steps and your options are also detailed.

REASON FOR LICENSE REVOCATION

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 served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. Specifically, because you are responsible for maltreatment, because you are disqualified, because you failed to allow access to your program, because you failed to cooperate with an investigation and failed to provide program records during the investigation, because you continued to operate at an unlicensed location after your license was suspended, because you provided false and misleading information, because you failed to provide required supervision , because you failed to follow pool safety guidelines, and because you failed to use appropriate behavior guidance with children in care. DCYF has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation.

Legal Authority: Minnesota Statutes, section 142B.10, subdivision 13.

2.  False or misleading information or knowingly withheld relevant information

SWHHS determined that you knowingly withheld relevant information or provided false or misleading information to the Commissioner when you stated that you were not providing care at an unlicensed location. SWHHS determined that you were operating at an unlicensed location.

Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (3).

3.  Determination that the license holder is responsible for maltreatment

October 10, 2025, Maltreatment Determination

On October 10, 2025, Southwest Health and Human Services determined that you were responsible for maltreatment of a minor by physical abuse and neglect. Specifically, Southwest Health and Human Services determined that you left children unattended and without required supervision and that an immobile infant sustained a broken arm while you were providing care even though your license was suspended.

You were informed of your right to request reconsideration of the maltreatment determination. Because you did not make a timely request for reconsideration, the agency’s maltreatment determination is final. If you appeal this revocation order, as explained below, the underlying maltreatment determination will not be reviewed as a part of the contested case hearing.

Statute Violated: Minnesota Statutes, section 260E.03.

Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (1).

License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DCYF is not imposing this fine. If the revocation is rescinded, DCYF may impose the fine at that time.

4.  Disqualification of the license holder.

On October 27, 2025, DCYF notified you that you had a disqualification, and of the right to request reconsideration. The disqualification was for serious and recurring maltreatment. You were informed of your right to request reconsideration of the disqualification.

Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (2); Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), subparagraph (1).

5.   Failure to comply with licensing laws and rules

SWHHS determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DCYF has considered the nature, chronicity, or severity of the violations that led to the revocation of your license.

Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (1).

Nature, history and severity of violations

New violations determined

The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DCYF considered these violations, as a factor when it determined that revocation of your license is appropriate.

On July 10, 2025. SWHHS received a report regarding your family child care program. SWHHS made a visit, to your family child care program to investigate the report. During the visit, you repeatedly told SWWHS to get out of your program, not allowing access to your program. As a result, on July 15, 2025, DCYF issued a temporary immediate suspension of your license. You appealed the temporary immediate suspension then later dropped the appeal. On August 28, 2025, the Commissioner affirmed the temporary immediate suspension. The temporary immediate suspension remains in effect.

SWHHS continued to investigate the report and have determined the following licensing violations:

1) You failed to allow SWHHS access to your program during an investigation. You were using profanity when telling SWHHS to leave your property.

Statute Violated: Minnesota Statute, section 142B.10, subdivision 12.

2) You failed to cooperate with an investigation when you would not respond to SWHHS request to interview you in order to complete their investigation. You also failed to provide program records as requested.

Statute Violated: Minnesota Statute, section 142B, subdivision 12.

3) After the temporary immediate suspension was in place, you continued to operate your program at an unlicensed location.

Statute Violated: Minnesota Statute, section 142B.18, subdivision 2 (3)(b) and 142B.05, subdivision 5.

4) You provided false or misleading information during an investigation when you stated you were not operating your family child care program at an unlicensed location while you license was suspended. SWHHS determined that you were providing care at the unlicensed location.

Statute Violated: Minnesota Statute, section 142B.10.18, subdivision 4(3).

5) You failed to follow appropriate behavior guidance methods with children in care when:

· You swore and yelled at children in care.

· You left a child sitting on the toilet for extended periods of time.

· An infant in your care sustained a broken arm with no explanation.

Rule Violated: Minnesota Rules, part 9502. 0395

6) You failed to provide required supervision to children in care when you left children unattended including a child that was in a high chair while you were on the phone in the bathroom. You also left children unattended when children were using a pool.

Rule Violated: Minnesota Rukes, Part 9502.

7) You failed to follow requirements for pool use as follows:

· You failed to notify SWHHS before use of a swimming pool which is required prior to initial use and annually thereafter.

· You used a pool even though the statute does not allow it if you have had a correction order for supervision, which you were issued on March 7, 2025.

· You did not provide SWHHS documentation that you completed a swimming pool operator class as required.

Statute Violated: Minnesota Statute, section 142B.41, subdivision 9.

Previous licensing actions

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 orders for further details on these violations. If you do not have copies of these orders, contact your SWHHS licensor for assistance. DCYF also considered this history as a factor when it determined that revocation of your license is appropriate.

· July 15, 2025, Temporary Immediate Suspension, which determined children were at an imminent risk of harm.

· March 7, 2025, Correction Order issued when it was determined that you failed to provide required supervision to children when a child sustained various bruises, and you were unable to explain how they happened.

· June 4, 2024, Correction Order issued for the following licensing violations:

o Failure to ensure that firearms were inaccessible to children in care.

o Failure to ensure that ammunition was stored in a locked area.

Severity of violations

Because you are responsible for maltreatment of a child, because you are disqualified from any position allowing direct contact with, or access to, persons served by DCYF-licensed programs, and due to the serious and chronic nature of the licensing violations and the conditions in the program, which impact the health and safety of children served in your care, your license to provide family child care services is revoked.

YOUR RIGHT TO APPEAL

You have the right to appeal the revocation. 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 received 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 received 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 do not appeal or if the order is affirmed by the Commissioner following a hearing, DCYF is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked.

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.

Operating the program pending the outcome of the appeal:

On July 15, 2025, DCYF issued an Order of Temporary Immediate Suspension on your family child care license. Because the immediate suspension of your license remains in effect, if you appeal the revocation, you continue to be prohibited from operating pending a final order from the Commissioner of DCYF.

Questions about CCAP

If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this revocation order could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s).

If you have questions about:

· Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice.

· Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP.

Prohibition against providing legally unlicensed child care

On July 15, 2025, DCYF issued an Order of Temporary Immediate Suspesnion to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order.

Posting of this Licensing Action

You are required to place this Order of License Revocation 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

· This action is taken under Minnesota Statutes, section 142B.18, subdivision 4, which describes under which conditions DCYF may revoke a license.

· When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (a).

· When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (g).

· When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (f).

· When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a).

· Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination.

· Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so.

· Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4), states that license holders shall pay a $1000 fine for each determination of maltreatment under section 260E.

· Minnesota Statutes, section 245.095 defines which programs administered by DCYF are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.”

· License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 142B.20.

· Under Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), subparagraph (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter or chapter 245A revoked within the past five years.

· Under Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 142B or chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked.

· Minnesota Statutes, section 142B.05, subdivision 4, provides that child care provider who has received a license revocation that has not been reversed on appeal may not provide unlicensed child care to non-relatives. Operating a prohibited unlicensed family child care is a misdemeanor under Minnesota Statutes, section 142B.05, subdivision 5.

· 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 Beth Donahue, Supervisor at 651-431-6565.

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Alexandra Keys, Family Child Care Unit Manager

Licensing Division

Office of Inspector General 

cc: Melanie Guetter, Southwest Health and Human Services

Gail Bielen, Southwest Health and Human Services


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/