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December 17, 2025 Ashley Dumke, Authorized Agent Flourish’s Children’s Academy 707 Woodbridge Dr Dilworth, MN 56529 License Number: 2000180 (Child Care Ctr) Program Location: 1015 30th Ave S, Moorhead, MN 56560 Dear Ashley Dumke: On July 21, 2025, the Minnesota Department of children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 4, 5 and 9 in the Correction Order issued July 9, 2025. You did not request review for Citations 1 through 3 and 6 through 8. Therefore, Citations 1 through 3 and 6 through 8are not under review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 4: The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product was accessible to children. Multiple packages of diaper wipes were stored in low, open cubbies in the Little House bathroom. (Little House: Toddler classroom) Packages of diaper wipes were stored in a low, unlocked drawer in the Children's House bathroom. (Children's House: Preschool classroom) Request for Reconsideration. You stated, “[t]he current wording is unclear and may lead to misunderstandings. Diaper wipes are not used to prevent diaper rashes, they are intended for cleaning children during diaper changes. While we have made the requested changes and understand the intent behind them, we believe the statute should be revised for greater clarity so that providers can more easily understand and comply with it.” You also referenced a previous site visit with another licensor when diaper wipes, storage and labeling of the wipes in the toddler bathroom area was discussed. You stated that the violation of having diaper rash control products inaccessible to children should have been discussed at the previous site visit. Finally, you stated that, “[c]hildren are always supervised in this bathroom.” Applicable Law. A license holder who administers medicine, insect repellents, sunscreen lotions, and diaper rash control products must ensure that the products must be stored according to directions on the original container and so that they are inaccessible to children. Minnesota Rules, part 9503.0140, subpart 7, item E. Reconsideration Determination. The licensor observed packages of diaper wipes, which were stored in low, open cubbies, accessible to children, in the Toddler classroom bathroom. The licensor also observed packages of diaper wipes, which were stored in a low, unlocked drawer, accessible to children, in the Preschool classroom bathroom. This citation is for a violation of Minnesota Rules, part 9503.0140, subpart 7, item E which mandates that diaper rash control products should be stored in an inaccessible place from children not [emphasis added] the labeling of a “product to control or prevent diaper rash, including premoistened commercial wipes that cannot be dispensed in a manner that prevents cross contamination of the product and container as determined by the health consultant, must be labeled with the child's name and used only for the individual child whose name is written on the label” required under item D. Diaper wipes are a form of a diaper rash control product specifically identified in the rule, which the program must keep stored in a place inaccessible to children. At the site visit, the licensor observed the diaper wipes in the Toddler and Preschool classroom bathrooms stored in low, open cubbies and a low unlocked drawer, which were accessible to children. Under the applicable rule, the diaper wipes should have been stored in a place inaccessible to children. Finally, even if the program always supervises children in the bathrooms the diaper wipes were stored in areas accessible to children. Therefore Citation 4 is affirmed. Citation 5: The DCYF licensor observed that hazardous objects were accessible to children. Equipment was not placed on a shock absorbing surface and did not provide an appropriate fall zone to minimize the potential risk of injury to children who use the equipment. On the day of the site visit, a step climber was placed directly on the floor in the Tiny House classroom. (Tiny House: Infant classroom) Equipment was not placed on a shock absorbing surface and did not provide an appropriate fall zone to minimize the potential risk of injury to children who use the equipment. On the day of the site visit, a trampoline was placed directly on the floor in the large motor room. (Facility: Facility) Request for Reconsideration. You stated, [t]he climber on the infant floor has been in place since our initial licensing visit and was approved during that inspection…The climber is not a hazardous item—it is not a sharp object, medicine, plastic bag, poisonous plant, or chemical. Children are always supervised while using it.” You referenced a previous conversation that you had with a licensor about the gym when “it was made clear that only the wall climber required a mat.” Finally, regarding the trampoline, you stated “it is equipped with handlebars for the children to hold onto while using it. Children are never left unsupervised on the trampoline.” Applicable Law. The license holder must develop a risk reduction plan that identifies and minimizes the general risks to children and prohibit the accessibility of hazardous items to children. Minnesota Statutes, section 142B.54, subdivision 2, paragraph (e). Sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Reconsideration Determination. The licensor observed the climber in the Infant classroom and trampoline in the large motor room, both which were placed directly on the linoleum flooring. The program must develop a risk reduction plan that identifies and minimizes the general risks to children and prohibits the accessibility of hazardous items to children. Minnesota Statutes, section 142B.54, subdivision 2, paragraph (e). The climber, trampoline and gym pose a risk of falling for children. The program’s risk reduction plan should identify and minimize the risk of falling for children. The program should identify the fall zone and minimize the risk of falling for children. Placing a climber, gym and trampoline directly on the linoleum floor without padding does not minimize the risk of falling for children. The program must minimize the risk of falling and harm to the children with an item that would absorb the shock of falling for the children. Although a climber, gym and trampoline are not specifically identified as hazardous items under the rule, they are designed for children to climb and jump on, the risk of falling onto a hard surface, rather than a shock absorbing surface renders the items as hazardous. Hazardous items are not [emphasis added] limited to sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies Finally, even if the program always supervises children on the trampoline, the trampoline placed directly on the linoleum floor without a shock absorbing surface poses still renders the object as hazardous. Therefore Citation 5 is affirmed. Citation 9: Each child's record did not contain all required information 5 of 5 (C1, C2, C3, C4 and C5) children's files reviewed did not contain the dates of parent conferences and a summary of conference information. Although the files contained a summary of conference information, there was no documentation of the date the conference was conducted or that the conference was declined by the parent. (C1, C2, C3, C4 and C5) Request for Reconsideration. You stated, “[c]onference dates are listed on our school calendar… Every child is assessed, and their individual conference forms are uploaded to Brightwheel. During the visit, the licensor was shown the sign-up sheet for conferences, which is posted on the door.” You also stated that “[t]he current licensing statutes do not specify a requirement to document when a parent declines a conference. As the statute does not state that documentation of declined conferences is required, we were previously unaware of the need to record this information.” Finally, you stated that “[m]oving forward, we will retain the sign-up sheets and clearly note which families choose to decline a conference to ensure thorough documentation.” Applicable Law. The license holder must ensure that a record is maintained for each child, and that record contains the date of parent conferences, and a summary of the information provided to the parent at the conference. Minnesota Rules, part 9503.0125, subpart M. Reconsideration Determination. On the day of the site visit, the licensor reviewed the children’s records and observed that although the program had documentation of each child’s social, emotional, physical, and cognitive development in the child’s record and a conference sign-up sheet, the program lacked documentation on the dates conferences were conducted. The rule requires that the program maintain in the children’s record the date the conference for that child was held and summary of conference information discussed at the conference. Of the five children’s records reviewed, none contained information on the date of the parent conference or other information indicating that a conference was declined. Without a date of conference or any indication of whether a conference was declined, DCYF cannot determine that the program complied with the requirement. Citation 9 is affirmed because five children’s records did not contain dates the parent conferences were held. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 4, 5 and 9 are affirmed. You did not request review for Citations 1 through 3 and 6 through 8. Therefore, Citations 1 through 3 and 6 through 8 are not under review. This is a final agency decision. 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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