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December 2, 2025 Kristinah Dvorak, Authorized Agent Hour Kids Walk-in Childcare 5268 Radio Drive Woodbury, MN 55129 License Number: 1091896 (Child Care Ctr) Program Location: 1981 Silver Bell Road, # 1300, Eagan, MN 55122-3174 Report Number: 202502107 Dear Kristinah Dvorak: On May 14, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 1 in the Correction Order (enclosed) issued to you on May 7, 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. Reconsideration Determination Citation 1 Violation. Staff did not supervise the children at all times (Toddler Room). On February 24, 2025, while outside a child (C1) left the group and was unsupervised between one and two minutes while another staff person was obtained to follow the child. (Toddler Room: Toddler classroom) 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. Applicable Law. The license holder must have a written child care program plan that mandates that children have supervision at all times. Minnesota Rules, part 9503.0045, subpart 1, item A. Supervision means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). Minnesota Statutes, section 245A.02, subdivision 18. Your Response. You stated that the supervising staff person (SP) alerted a secondary staff person (P2) to retrieve child 1 (C1) when C1 left the group, and followed emergency protocol to “minimize risk” and protected “the health and safety of each child.” You also stated that no maltreatment was determined from the investigation and the “child was recovered within one to two minutes, unharmed…and not in distress.” You also stated that the incident “was an isolated, well-managed incident-not a breach of systemic supervision protocols.” You also stated that in the incident “no one staff person could simultaneously pursue the child and supervise the remaining toddlers.” Finally, you stated that the program has “implemented enhanced procedures to prevent recurrence,” specifically, mandatory two-staff transitions for all toddler outdoor movements, reinforced visual and auditory check procedures during transitions, and completed a staff debrief and retraining focused on incident response and enhanced transition oversight. Reconsideration Determination. On February 24, 2025, SP brought a group of five toddlers including C1 to the program’s playground located adjacent the program’s building. C1 ran away from the group, and SP lost visual and audio contact of C1. SP was unable to follow C1 because SP was with the other children in the group. SP stayed with the remaining group of toddlers and alerted P2 to retrieve C1. When C1 left the group SP was not within sight and sound of C1. C1 was outside of both sight and sound of SP for one to two minutes. SP was not able to intervene to protect the health and safety of C1 during that time. C1 was unsupervised between one to two minutes when C1 left the group of toddlers while outside with SP. C1 was observed to be alone by members of the public at a gas station adjacent to the program’s building. Because C1 was outside of sight and sound of any program staff person for one to two minutes, and because during that period there was no staff member capable of intervening to protect the health and safety of the C1, C1 was not supervised at all times. Citation 1 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 1 is 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, 142B.16, 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
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