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May 18, 2026 Angela Williams, Authorized Agent Especially for Children 5223 W 73rd St Edina, MN 55439-2206 License Number: 800747(Child Care Ctr) Program Location: 6223 Dell Rd, Eden Prairie, MN 55346-1122 Dear Angela Williams, On August 20, 2025, the Minnesota Department of Children Youth and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 1, 2 and 4 in the Correction Order issued to you on August 11, 2025. You did not request review for Citation 3, and therefore, Citation 3 is not under the scope of review. Reconsideration Determination Citation 1 Violation. The DCYF Licensor observed that hazardous objects were accessible to children. In the Duckling Room, there was a bottle warmer, with hot water, on the counter that was not secured and was at risk of tipping over onto a child. Applicable Law. The License Holder must develop a risk reduction plan that prohibits the accessibility of hazardous items to children. Minnesota Statutes, section 142B.54, subdivision 2, paragraph (e). Hazardous objects including but not limited to sharp objects, medicines, plastic bags and poisonous plants, chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Your Response. You stated, “the bottle warmer was inside a tray that is on the back of the food prep countertop. Industrial strength Velcro is on the tray and back wall to strongly secure the tray. The bottle warmer fits snuggly in the tray which prevents it from being able to tip over.” You also submitted photos of the bottle warmer on infant countertop. Reconsideration Determination. During the site visit, the Licensor noted that the bottle warmer was in the same plastic bin as pictured in your reconsideration request. However, the Licensor noted that the plastic bin was not secured to the wall by Velcro. The Licensor also noted that the tray has low sides, the bottle warmer is large in comparison to the low sides of the bin, and the Licensor was able to easily slide the plastic bin with the bottle warmer around the countertop. You are required to store hazardous items out of the reach of children. A bottle warmer that is hot when in use, contains hot water and retains residual heat after use, is a hazardous item. Moreover, the bottle warmer was not secure to the wall, and the bottle warmer could easily tip over. Therefore, Citation 1 is affirmed. Citation 2 Violation. The program did not place all infants to sleep on their backs and did not have documentation from an infant's physician or advanced practice registered nurse directing an alternative sleeping position. Based on a conversation with a staff person, the DCYF Licensor determined that infants in the older infant classroom were not placed on their backs on their cots. Applicable Law. For the reduction of risk of sudden unexpected infant death in licensed programs, when a license holder is placing an infant to sleep, the license holder must place the infant on the infant's back, unless the license holder has documentation from the infant's physician, advanced practice registered nurse, or physician assistant directing an alternative sleeping position for the infant. The physician, advanced practice registered nurse, or physician assistant directive must be on a form developed by the commissioner and must remain on file at the licensed location. An infant who independently rolls onto its stomach after being placed to sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least six months of age or the license holder has a signed statement from the parent indicating that the infant regularly rolls over at home. Minnesota Statutes, section 142B.46, paragraph (a). Your Response. You stated “our cot variance is for infants who are one year of age and older. Children in this classroom get on their cots on their own and the teachers cover them up and sit near them during their nap.” You referenced the Safe Sleep guide, citing “infants are to be placed on their backs up to a year old.” Finally, you stated that “the children in this older infant classroom place themselves on their own cot without assistance from a staff member.” Reconsideration Determination. The Licensor spoke with staff in the Bumble Bee room, which is an older infant room, regarding how you lay the children down on their cots for a nap. The staff person stated that you lay the children down on their “tummies.” You had a variance for the older infant room. You were in compliance with the terms of the variance. The children in the classroom are infants that are 12 months of age or older. As such, Citation 2 is rescinded. You are correct, Citation 2 is rescinded. Citation 4 Violation. The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 4 (SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training within the previous two years (SP3). 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 SP3 has documentation in his/her file, which show that his/her first aid and CPR course was taken through DEVELOP when employed at another childcare center. The document states that the training does include infant and child as well as adult pediatric CPR. You provide a copy of SP3’s DEVELOP certification and learning objectives. Reconsideration Determination. The Licensor noted that you did not have documentation on site that SP3 completed pediatric first aid training within the two previous years. The Licensor noted that SP3’s available first aid documentation card read “BLS, Basic Life Support (CPR and AED).” Furthermore, SP3’s card did not list any form of first aid training, including pediatric first aid training. On reconsideration, you stated that SP3’s “BLS, Basic Life Support (CPR and AED)” training included pediatric first aid. You also submitted a copy of SP3’s DEVELOP document, which states that the training included infant and child as well as adult pediatric first aid The available documentation to the Licensor during the site visit shows that SP3 completed “BLS, Basic Life Support (CPR and AED).” “BLS, Basic Life Support (CPR and AED)” is not (emphasis added) pediatric first aid training. SP3 is required to complete pediatric first aid training, prior to having unsupervised direct contact with a child, every two years. Citation 4 is affirmed because SP3’s documentation did not show that s/he had completed pediatric first aid training, prior to having unsupervised direct contact with a child within the previous two years. On reconsideration, you submitted SP3’s DEVELOP documentation after the site visit. 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 the DEVELOP documentation available to the Licensor on the site visit. Citation 2 is also affirmed because SP3’s DEVELOP documentation was not available on the site visit. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 1 and 4 are affirmed. Citation 2 is rescinded. You did not request review for Citation 3, and therefore, Citation 3 is 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 August 11, 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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