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December 26, 2025 CERTIFIED MAIL Chrsitina and Brian Erwin 709 Dugdale Avenue Worthington, MN 56187 License Number 1088376 FCC ORDER OF CONDITIONAL LICENSE Dear Mr. and Ms. Erwin: Based on the recommendation from Nobles County Family Services (Nobles County), the Department of Children, Youth, and Families (DCYF) is placing your license to provide family child care at 709 Dugdale Avenue, Worthington, MN on conditional status for one year beginning December 26, 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. 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 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 failed to provide required supervision to children in care and because you failed to follow appropriate behavior guidance methods with children in care. 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, Nobles 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 New violations determined On September 29, 2025, Nobles County received a report regarding your family child care program. Nobles County investigated the report and determined the below licensing violations. 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 a Conditional License is appropriate. 1. Nobles County determined that you failed to follow appropriate behavior guidance methods when you stated to children in care that you wished they would bite a child in care that had been biting other children. One of the children in care did bite the child that had been biting after you made that statement. Rule Violated: Minnesota Rules, part 9502.0395, subpart 1 and subpart 2 C. Nobles County determined that you failed to provide required supervision when you were not capable to intervening when a child in care was bit by another child, and you were not aware of which child did the biting. Rule Violated: Minnesota Rules, part 9502. 0315, subpart 29a and Minnesota Rules, part 9502. 0365, subpart 5. Severity of violations Due to the serious nature of these 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 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 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 written plan to Nobles County on how you will use appropriate behavior guidance methods with children in care. The plan must address how you will appropriately work with children who are biting. The plan must be submitted to Nobles County within 15 days of this order. The plan must be approved by Nobles County. 4. You must work with Nobles County to obtain a mentor to work with on ensuring you are following all family child care rules and laws with an emphasis on behavior guidance. The mentor must be obtained within 30 days of the issuance of this order. Upon completion of working with the mentor you must submit a summary to Nobles County of what you learned and changes you will implement into your program to ensure you are following behavior guidance requirements. 5. You must obtain a minimum of six hours of additional training within 60 days of this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. The training must include behavior guidance and how to handle biting in your program. You must obtain prior approval from Nobles County to ensure that the training is appropriate, and you must submit documentation of your attendance to Nobles County. 6. You must either provide a copy of the 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. You must provide this documentation to Nobles County within 30 days of this order. For new families, you must submit documentation of compliance with this term to Nobles County within 5 days of any child’s admission to your child care program. Ongoing Monitoring Your Nobles 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. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order 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 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 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. 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. Posting of this licensing action You are required to place this 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. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 142B.16, subdivision 4. · Minnesota Statutes, section 142B.05, subdivision 4, provides that an applicant for licensure who has received a conditional license order 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.16, subdivision 5. · 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. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Josh Gallagher, Nobles County Family Services
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