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December 26, 2025 CERTIFIED MAIL Danielle Weightman 374 Whitewater Avenue Saint Charles, MN 55972 License Number 1080515 FCC ORDER OF LICENSE REVOCATION Dear Ms. Weightman: Based on the recommendation of Winona County Department of Human Services (Winona County), the Department of Children, Youth, and Families (DCYF) is revoking your license to provide family child care at 374 Whitewater Avenue, Saint Charles, 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 disqualified, because you are responsible for maltreatment of a child, because you repeatedly failed to provide required supervision to children resulting in sustained injuries and because you failed to report serious injuries as required. 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. Determination that the license holder is responsible for maltreatment June 12, 2018, Maltreatment Determination On June 12, 2018, Winona County determined that you were responsible for maltreatment of a minor by neglect. Specifically, an infant aged child sustained a distal femur fracture while in your care. You requested reconsideration and Winona County determined that the maltreatment determination was correct. You requested a fair hearing and later withdrew your appeal. Therefore, the maltreatment determination is now conclusive. 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. 3. Disqualification of the license holder. On October 5, 2021, Department of Human Services (DHS) notified you that you were disqualified, and of the right to request reconsideration. The disqualification was for serious maltreatment. You requested reconsideration. In a letter dated February 15, 2022, DHS notified you that serious maltreatment was reviewed for correctness and on the basis that you do not pose a risk of harm to children. DHS determined that the serious maltreatment determination was correct. Additionally, on October 5, 2021, DHS notified you that you were disqualified, and of the right to request reconsideration. The disqualification was for your admission to felony neglect or endangerment of a child resulting in substantial harm. You did not request reconsideration of this disqualification, so the correctness of the disqualification is final. Because your disqualification cannot be set aside, if you appeal this revocation order, the issue of whether you pose a risk of harm to children served will not be reviewed as a part of the contested case hearing. Legal Authority: Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (2); Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), subparagraph (1); 4. Failure to comply with licensing laws and rules Winona County 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 The following violations summarize the nature of your previous licensing history and violations. Because the violations are now conclusive, the individual violations are not within the scope of your appeal rights. DCFY also considered this history as a factor when it determined that revocation of your license is appropriate. On November 6, 2017, Winona County received a report regarding your family child care program. The report alleged that a ten-month-old infant in your care sustained a broken femur. Subsequently on December 4, 2017, DHS issued a temporary immediate suspension of your license. You appealed the temporary immediate suspension and later withdrew your appeal. On March 16, 2018, the temporary immediate suspension of your license was affirmed. On June 14, 2018, DHS issued an indefinite suspension of your license due to an ongoing investigation. The indefinite suspension remains in effect. On January 17, 2019, Winona County notified you that you were responsible for maltreatment of a minor by neglect. Specifically, an infant aged child sustained a distal femur fracture while in your care and you were unable to explain how the injury occurred. You appealed the maltreatment on April 16, 2020, and you later withdrew your appeal of the maltreatment. On May 30, 2019, you were charged with felony neglect of a child resulting in substantial harm. On September 23, 2019, you were notified by the DHS, that you were disqualified for serious maltreatment and of the right to request reconsideration. On October 2, 2019, you requested reconsideration. On October 5, 2021, DHS issued you a notice that you were disqualified. The disqualification was for the January 16, 2019, serious maltreatment determination and for your admission to felony neglect or endangerment of a child resulting in substantial harm. You were also notified of your right to request reconsideration. You requested reconsideration of the serious maltreatment determination and on November 23, 2021, you were notified that your request for reconsideration was untimely. You did not request reconsideration of the admission felony neglect or endangerment of a child resulting in substantial harm. In a letter dated February 15, 2022, DHS notified you that your disqualification for neglect or child endangerment was conclusive because you did not request reconsideration of that disqualification. DHS also notified you that serious maltreatment was reviewed for correctness and on the basis that you do not pose a risk of harm to children. DHS determined that the serious maltreatment determination was correct. Winona County investigated the above report. As a result of the investigation, Winona County determined the following licensing violations. · You failed to provide supervision as required resulting in children sustaining injuries on two occasions. · You failed to report two serious injuries to Winona County as required. 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 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 DHS 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’ 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 December 4, 2017, DHS 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 December 4, 2017, DCYF issued an Order of Temporary Immediate Suspension 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 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 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 an applicant for licensure who has received a license revocation that has not been reversed on appeal may not operate as a legally unlicensed child care provider. Operating an 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. Sincerely,
Alexandra Keys, Family Child Care Unit Manager Licensing Division Office of Inspector General cc: Jenny Losinski, Winona County Department of Human Services
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