|
March 31, 2026 Kristinah Dvorak, Authorized Agent Hour Kids Walk-in Childcare 5268 Radio Dr Woodbury, MN 55129 License Number: 1112676 (Child Care Ctr) Program Location: 2470 McKnight Rd N, North St Paul, MN 55109-2251 Dear Kristinah Dvorak: On August 6, 2025, the Minnesota Department of Children Youth and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 2, 3, 5 and 6 in the Correction Order issued to you on July 23, 2025. You did not request review for Citations 1, 4 and 7, and therefore, Citations 1, 4 and 7 are not under the scope of review. Reconsideration Determination Citation 2 Violation: Food allergy information was not readily available to staff where food is prepared. Applicable Law. A child's allergy information must be available at all times including on site and a child's food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Minnesota Statutes, section 142B.66, subdivision 1, paragraph (d). Your Response. You stated that your program operated under a catering-grade kitchen license and no food is prepared on site. You provide a picture of your food service license. You also stated that allergy care plans were posted in all designated eating areas and accessible to staff at all times. You provided three pictures of allergy list and substitutions, which appear to be in different rooms. Finally, you stated staff have received training if food allergy response and emergency procedures. Reconsideration Determination. During the site visit, the licensor could not locate an ICCPP for a child in the kitchen. A child's allergy information must be available at all times including on site and a child's food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. You stated that your program operates under a catering-grade kitchen license, and no food is prepared on site. You are required to ensure that a child’s food allergy information is readily available to staff where the food is prepared regardless of whether you have a food grade catering license and some food is prepared offsite. Your program stores the prepared food in the kitchen along with milk, other prepackaged food and food provided by parents. Some or a combination of those foods may pose an allergic threat to the children in your program if they have an ICCPP; all ICCPPs must be readily available to staff where food is prepared, assembled and served. During the exit interview, the licensor asked you about the location of a child’s ICCPP and reiterated that all ICCPPs must be in the kitchen where the food is prepared and where the food is served, and you were not able to locate the child’s ICCPP. Citation 2 is affirmed because you did not have a child’s ICCPP readily available to staff in the kitchen where food is prepared. Citation 3 Violation: The program did not comply with cleanliness requirements; the indoor space was not clean (Infant Classroom). Two crib sheets were visibly unclean with multiple areas of dried fluid. (Infant Classroom: Infant classroom) As defined in Minnesota Rules, part 9503.0005, subpart 9, “clean” means 'free from dirt or other contaminants that can be detected by sight, smell, or touch. Applicable Law. The indoor and outdoor space and equipment of the center must be clean. Minnesota Rules, part 9503.0140, subpart 9. "Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch. Minnesota Rules, part 9503.0005, subpart 9 Your Response. You stated the observed bedding was in the process of being changed after the child returned from outdoor play, and the child had not been placed back in the crib for sleep. You stated that the Minnesota rules and statute do not require that crib sheets are changed after each use. You also stated that cleanliness of a crib sheet is subjective and there is no formal standard set by DCYF. You asserted that bedding is changed immediately when soiled, as needed and at least weekly per your program’s approved policy. You provided a picture of the MN Child Care Health Consultants-Nap and Rest Policy and a picture of 12 clean crib bed sheets. Reconsideration Determination. The licensor observed that there were two crib sheets that were visibly unclean with multiple areas of dried fluid. You are required to ensure that the indoor space and equipment must be clean. The two crib sheets were soiled and had large areas of overlapping circles of dried fluid. On reconsideration, you stated that the staff was in the process of changing the crib sheets after the child’s playtime, however, the licensor observed the staff person playing and interacting with children during the on-site visit and the staff person was not in the process of changing the unclean crib sheets. You also stated that there is no formal standard set out by DCYF, but the applicable Minnesota rules are clear, you are required to ensure that the indoor and outdoor space and equipment of the center must be clean, including the crib sheets. "Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch. Dirty crib sheets are not clean. During the exit interview, you stated that the crib sheets were changed weekly. There were two crib sheets that were visibly unclean. Citation 3 is affirmed because there were two unclean crib sheets. Citation 5 Violation: The program did not have documentation on site to show that 2 of 2 (SP1 and SP5) staff persons met the education requirements of the assistant teacher job classification for which the staff person was employed (SP1 and SP5). Applicable Law. An assistant teacher must meet the education and experience requirements. Minnesota Rules, part 9503.0032, subpart 2. The license holder must ensure that a personnel record for each staff person is maintained at the center contains the staff person's documentation indicating that the staff person meets the requirements of the staff person's job position and the education and experience requirements. Minnesota Rules, part 9503.0120, item B. The commissioner must be given access to documents and records, including records maintained in electronic format 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 142B.10, subdivision 12. Your Response. You requested reconsideration for only SP1, and not SP5. You provided an unofficial University of Minnesota transcript for SP5. Reconsideration Determination. The licensor noted that you did not have documentation to show that SP1 and SP5 met the education requirement of the assistant teacher job classification for SP1’s and SP5’s assistant teacher position, on-site, during the site visit. Citation 5 is affirmed regarding SP5 because you did not request reconsideration for SP5. However, if there was a mistake on your request for reconsideration and confusion between SP1 and SP5, Citation 5 is affirmed as to SP5. You are required to provide the commissioner with access to all documents and records, including records maintained in electronic format without prior notice while conducting a licensing inspection. Citation 5 is affirmed regarding SP5, because you did not have SP5’s transcript in his/her personnel file to show that SP5 meets the education requirements of an assistant teacher on the day of the site visit. Regarding SP1, you did not have documentation on site to show that SP1 met the required education requirement of his/her assistant teacher position. You did not provide any additional information on reconsideration. Citation 5 is affirmed regarding SP1 because you did not have documentation to show that SP1 met the education requirements of his/her assistant teacher position. Citation 6 Violation. The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 4 (SP1) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training: · within 90 days of the start of work or within the previous two years (SP1); and · before unsupervised direct contact with a child (SP1). Applicable Law. The director, staff persons, substitutes, and unsupervised volunteers must satisfactorily complete pediatric first aid prior to having unsupervised direct contact with a child, but not to exceed the first 90 days of employment. Pediatric first aid training must be repeated at least every second calendar year. Pediatric first aid training under this subdivision must be provided by an individual approved as a first aid instructor and must not be used to meet in-service training requirements under subdivision 9. Minnesota Statutes, section 142B.65, subdivision 4. The license holder must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain documentation, when applicable, that the staff person has completed the first aid and CPR training required in part 9503.0035 , subparts 2 and 3. Minnesota Rules, part 9503.0120, subpart D. The commissioner must be given access to documents and records, including records maintained in electronic format 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. Minnesota Statutes, section 142B.10, subdivision 12 (emphasis added). Your Response. You stated that SP1 had completed the required pediatric first aid training. You stated that the documentation was in a digital format in his/her personnel file. Finally, you provided a copy of SP1’s pediatric first aid certificate. Reconsideration Determination. The licensor noted that you did not have documentation on site that SP1 completed pediatric first aid training within 90 days prior to unsupervised direct contact with a child or within the previous two years. The licensor noted that SP1’s available documentation card indicated that SP1 had completed CPR. During the exit interview, the licensor and you discussed SP1’s CPR card. You acknowledged that SP1’s card lacked pediatric first aid but stated that SP1 had completed a combined class. The available documentation to the licensor during the site visit shows that SP1 completed CPR not pediatric first aid training. SP1 is required to complete pediatric first aid training within 90 days prior to having unsupervised direct contact with a child and within the previous two years. Citation 6 is affirmed because SP1 had not completed pediatric first aid training, prior to having unsupervised direct contact with a child within 90 days of the start of work and within the previous two years. On reconsideration, you provided SP1’s pediatric first aid training certificate. You stated that SP1’s documentation was available in a digital format in his/her personnel file. However, during the exit interview you did not tell the licensor that SP1’s documentation was available in a digital format, nor did you make SP1’s digital personnel file available to the licensor. Citation 6 is affirmed because you did not have SP1’s documentation that SP1 completed the required pediatric first aid training before unsupervised contact with children within 90 days of start of employment and within the previous two years. You must provide the commissioner with access to documents and records, including records maintained in electronic format without prior notice and as often as the commissioner considers necessary if the commissioner is conducting a licensing inspection. You did not make SP1’s pediatric first aid training certificate available to the licensor on the site visit. Citation 6 is affirmed because SP1’s pediatric first aid training certificate was not available at the site visit. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 2, 3, 5 and 6 are affirmed. You did not request review of Citations 1, 4 and 7, and therefore, Citations 1, 4 and 7 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 July 23, 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
|
