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February 18, 2026 Stacy Pohjola, Authorized Agent Laugh & Learn 1000 Washington Ave Cloquet, MN 55720 License Number: 1118201 (Child Care Ctr) Program Location: 1000 Washington Ave, Cloquet, MN 55720-2522 Dear Stacy Pohjola: The Minnesota Department of Children Youth and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 1, 5, 8, 9, and 11 in the Correction Order (enclosed) issued to you on May 14, 2025. You did not request review for Citations 2 through 4, 6, 7, and 10, and therefore, Citations 2 through 4, 6, 7, and 10 are not under the scope of review. 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. The program did not comply with medication storage requirements. A medicine, insect repellent, sunscreen, or diaper rash product: · was not stored according to the manufacturer's directions; and · was accessible to children. · The DHS licensor observed that diapering wipes and creams were stored in the girls bathroom in plastic bins that children could access. · The DHS licensor observed one container of diapering cream stored in a child's cubby at a height accessible to children. (Facility: Facility) 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. Your Response. You stated, “Wipes are stored in a drawer in the bathroom. Children do not have access to the bathroom without adult supervision. Reconsideration Determination. The licensor observed packages of diapering wipes and creams that were stored in plastic bins on the floor in the girl’s bathroom that were accessible to children. Diapering wipes and creams are diaper rash control products and must be inaccessible to children. The licensor also observed that the plastic bins did not contain locks or other methods to prevent access to children. You acknowledge that the wipes are stored in the drawer. You do not dispute that the diapering wipes and creams were accessible to children in the bathroom, however, you stated that “children do not have access to the bathroom without adult supervision.” You must ensure that the diapering wipes and creams are inaccessible to children, even if children do not have access to the bathroom without adult supervision. Citation 1 is affirmed because the diapering wipes and creams were accessible to children. Citation 5 Violation. The required in-service training had not been completed for 5 of 7 (SP1, SP3, SP4, SP6 and SP7) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include: · the required number of in-service training hours for the previous concluded calendar year (SP1, SP4, SP6 and SP7); · training on abusive head trauma that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5a (SP1 and SP7); · training on allergy prevention and response as required by Minnesota Statutes, section 245A.41, subdivision 1 (SP7); · training on emergency preparedness as required by Minnesota Statutes, section 245A.41, subdivision 3 (SP7); · training on handling and disposal of bodily fluids as required by Minnesota Statutes, section 245A.41, subdivision 2 (SP7); · training on handling emergencies and accidents as required by Minnesota Rules, part 9503.0110, subpart 1 (SP7); · training on health policies as required by Minnesota Rules, part 9503.0140, subpart 1 (SP7); · training on reporting responsibilities as required by Minnesota Statutes, chapter 260E and Minnesota Rules, part 9503.0130 (SP3 and SP7); · training on the risk reduction plan as required by Minnesota Statutes, section 245A.66, subdivision 2 (SP7); · training on individual child care program plan as required by Minnesota Rules, part 9503.0065, subpart 3 (SP7); · training on sudden unexpected infant death that was at least one half hour in length as required by Minnesota Statutes, section 245A.40, subdivision 5 (SP1 and SP7); · training on cultural dynamics every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (4) (SP7); and · training on disabilities every two years as required by Minnesota Statutes, section 245A.40, subdivision 7 (5) (SP7). Applicable Law. A license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year. Minnesota Statutes, section 245A.40, subdivision 7. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules (emphasis added). Minnesota Statutes, section 245A.04, subdivision 5 (a). Your Response. You stated that in-service training records are in the staff files. You acknowledge that SP7 staff file is missing. You also stated that the site director has all the files saved on his/her computer, which the licensor could have accessed. You stated that record of SP7’s cultural dynamics and disabilities training is listed on Develop. You also stated that SP1 and SP7’s sudden unexpected infant death in-service training records were available on Develop. Reconsideration Determination. On the day of the site visit, SP7 provided the licensor with a bin of staff personnel files. The licensor noted that SP1, SP3, SP4, SP6 and SP7 were missing in-service training records for the previous calendar year. The licensor noted that SP7’s file did not have documentation that SP7 completed in-service training for: abusive head trauma, allergy prevention and response, emergency preparedness, handling and disposal of bodily fluids, health policies, reporting responsibilities, the risk reduction, training on individual child care program plan, sudden unexpected infant death that was at least one half hour in length. You acknowledged that SP7’s staff file is missing. You also stated that the site director has them on his/her computer, and that the licensor could have accessed the site director’s computer. However, the licensor was not provided access to the director’s computer on the day of the site visit to confirm whether SP7 had completed the required in-service training. The licensor was provided with a bin of staff personnel files. Regarding SP7, Citation 5 is confirmed because the documentation provided to the licensor did not show that SP7 had completed the required in-service training. The licensor also noted that SP1’s file did not show that SP1 had completed training on abusive head trauma that was at least one half hour in length and sudden unexpected infant death that was at least one half hour in length. Regarding, SP1 Citation 5 is confirmed because the documentation provided to the licensor did not show that SP1 had completed the required in-service training. The licensor also noted that SP3 did not complete training on handling and disposal of bodily fluids. Regarding SP3, Citation 5 is confirmed because the documentation provided to the licensor did not show that SP3 had completed the required in-service training. The licensor also noted that SP4 and SP6 did not complete the required in-service training for the previous year. Regarding SP4 and SP6, Citation 5 is confirmed because the documentation provided to the licensor did not show that SP4 and SP6 had completed the required in-service training for the previous year. Citation 8 Violation. The program did not comply with child development and learning training requirements. Documentation was not available on site to show that 3 of 7 (SP4, SP6 and SP7) individuals (director, staff persons, substitutes, or unsupervised volunteers): · completed training that was at least two hours in length (SP4, SP6 and SP7); · completed training at least every second calendar year (SP7); and · completed training within 90 days of employment (SP4 and SP6). Applicable Law. The director and all staff persons, substitutes, and unsupervised volunteers shall complete child development and learning training at least two hours in length within the first 90 days of employment. For purposes of this subdivision, "child development and learning training" means any training in Knowledge and Competency Area I: Child Development and Learning, which is training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community. Minnesota Statutes, section 245A.40, subdivision 2. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules (emphasis added). Minnesota Statutes, section 245A.04, subdivision 5 (a). Your Response. You stated, “Child development training for SP4, SP6, and SP7 is recorded on their Develop records.” Reconsideration Determination. On the day of the site visit, SP7 provided the licensor with a bin of staff personnel files. SP7 did not direct the licensor to Develop to confirm the child development training for SP4, SP6 and SP7. The licensor could not confirm that SP4, SP6 and SP7 had completed the required child development training from the files that the licensor reviewed. SP4, SP6 and SP7 were required to complete at least two hours of child development and learning training within the first 90 days of employment. Citation 8 is affirmed. Citation 9 Violation. Each child's record did not contain all required information: · 1 of 2 (C2) children's files reviewed did not contain the child's full name, birth date, and current home address; · 1 of 2 (C2) children's files reviewed did not contain the name, current home address, and telephone number of both parents and/or legal guardians; · 1 of 3 (C3) children's files reviewed did not contain the names and telephone numbers of anyone authorized to take the child from the program; and · 1 of 3 (C3) children's files reviewed did not contain the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention Applicable Law. At the time of enrollment, the license holder must ensure that the record must contain the required information including: the child's full name, birth date, and current home address, the name, current home address, and telephone number of both parents and/or legal guardians, the names and telephone numbers of anyone authorized to take the child from the program, the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. Minnesota Rules, part 9503.0125. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules (emphasis added). Minnesota Statutes, section 245A.04, subdivision 5 (a). Your Response. You stated, “Information for C2 and C3 is available electronically, and emergency contact information is available in paper form for each child in the classroom.” Reconsideration Determination. The licensor observed that Child 2’s (C2’s) paper file did not contain the C2's full name, birth date, and current home address and did not contain the name, current home address, and telephone number of both parents and/or legal guardians. On the day of the site visit of May 9, 2025, SP7 (staff person) indicated that the program was moving from paper filing to electronic filing, specifically Brightwheel. However, SP7 did not have access to Brightwheel to allow the licensor to review C2’s electronic file and confirm that C2’s file contained C2's full name, birth date, and current home address and the name, current home address, and telephone number of both parents and/or legal guardians. Citation 9 is affirmed as to C2’s incomplete file. The licensor also observed that Child 3’s (C3’s) paper file did not contain the names and telephone numbers of anyone authorized to take the C3 from the program did not contain the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. As previously mentioned, SP7 did not have access to Brightwheel, therefore the licensor was not able to review C3’s Brightwheel file to confirm that C3’s file contained the names and telephone numbers of anyone authorized to take the C3 from the program and the names, addresses, and telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention. Citation 9 is affirmed as to C3’s incomplete file. During the delayed exit interview with the Authorized Agent on May 12, 2025, you acknowledged that SP7 did not have administrative access to Brightwheel to allow the licensor to review and confirm whether C2’s and C3’s files contained the required information. C2 and C3’s files did not contain the required information and were incomplete. Citation 9 is affirmed. Citation 11 Violation. The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center's emergency plan was done in 2024. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Applicable Law. The license holder must review and update the emergency plan annually. Documentation of the annual emergency plan review shall be maintained in the program's administrative records. Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d). Your Response. You stated, “All 2024 annual documents were put together on the site director’s desk for the visit.” Reconsideration Determination. On the day of the site visit, the licensor reviewed the emergency plan in the licensing binder and the emergency plan posted on the bulletin board and noted that you had reviewed the emergency plan in 2023 but there was no record of a 2024 review. You must review and update the emergency plan annually, and these records must be maintained in the administrative records. You stated that all 2024 annual documents were put on the director’s desk, however, these documents were not made available to the licensor for review. The licensor reviewed the emergency plan in the licensing binder and on the bulletin board, both records indicated that the last review occurred in 2023. Therefore Citation 11 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 1, 5, 8, 9, and 11 are affirmed. You did not request review for Citations 2 through 4, 6, 7, and 10, therefore Citations 2 through 4, 6, 7, and 10 are not under the scope of review. This is a final agency decision. Previously Ordered Corrective Action. In the original Correction Order issued to you on May 14, 2025, 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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