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May 19, 2026 Michelle Kraus, Authorized Agent Ladybug No. 1, LLC ( DBA Ladybug Child Care Center) 306 Lake Hazeltine Dr Chaska, MN 55318-1034 License Number: 1094109 (Child Care Center) Program Location: 306 Lake Hazeltine Dr, Chaska, MN 55318-1034 Report Number: 202510584 Dear Michelle Kraus: On February 2, 2026, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 1 in the Correction Order issued to you on January 12, 2026. You did not request reconsideration of any other citations; therefore, they are not under review. Reconsideration Determination Citation 1: Staff did not supervise the children at all times (Adventure Center). It was determined through a conversation with an administrative staff person that two school age children were not within sight at all times while on the playground. (Adventure Center: School Age classroom) Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Your Request for Reconsideration. You stated that an assistant teacher was supervising 15 school age children on the playground during the after-school period. You stated that at 4:30pm, two five-year old children briefly entered the bottom portion of the slide for less than 45 seconds. You stated that the assistant teacher was aware of the two children, and they were always within sight and sound. You requested clarification regarding the expected standard of practice regarding playground equipment such as slides which inherently involve brief moments where children are partially out of direct view of staff but remain within staff awareness and auditory range. Finally, you asserted that the assistant teacher provided attentive supervision which allowed for immediate and appropriate intervention. The license holder must have a child care program plan and comply with their plan to mandate that children always have supervision. Minnesota Rules, part 9503.0045, subpart 1, item A. For purposes of licensed child care centers, "supervision" means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times. Minnesota Statutes, section 142B.01, subdivision 27. Reconsideration Determination. During the afterschool period on the playground, two school age children were seen pulling down each other’s pants near the tube slide. This information was relayed to the assistant teacher who was outside. At the time, witnesses observed the assistant teacher was playing basketball with the older children outside when the incident occurred. The children who were in the slide stated that were “playing babies,” pulled each other’s pants down, and briefly touched each other’s private areas before another child approached the two children involved in the incident. You must ensure that you have a plan that mandates that children are always supervised, supervision means that a program staff person is accountable for the child's care, can intervene to protect the health and safety of the child; and is within sight and hearing of the child at all times. In this case, the assistant teacher was not within sight and sound of, and capable of intervening with, the two school age children who were involved in the incident because the assistant teacher was playing basketball with the older children. The assistant teacher only became aware of the situation after another child observed the two children in slide, approached them, then went and notified the assistant teacher. Citation 1 is affirmed. You requested clarification regarding the expected standard of practice regarding playground equipment such as slides which inherently involve brief moments where children are partially out of direct view of staff but remain within staff awareness and auditory range. Please reach out to your licensor with any questions regarding ongoing compliance involving your specific facility and equipment. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 is affirmed. This is a final agency decision. Previously Ordered Corrective Action. In the original Correction Order, 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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