|
May 21, 2026 CERTIFIED MAIL Lori Kaderlik 1652 Buckingham Path Faribault, MN 55021-7022 License Number 208684 FCC ORDER LIFTING IMMEDIATE SUSPENSION ORDER OF CONDITIONAL LICENSE ORDER TO PAY A FINE Dear Ms. Kaderlik: Based on the recommendation of Rice County Social Services (Rice County), the Department of Children, Youth, and Families (DCYF) is lifting the temporary immediate suspension and placing your license to provide family child care at 1652 Buckingham Path, Faribault, MN on conditional status for two years beginning May 21, 2026. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your level of noncompliance with family child care licensing requirements. Our next steps and your options are also provided below. In addition, DCYF is ordering you to pay a fine of $400. Details of our findings are provided below. REASON FOR THE CONDITIONAL LICENSE 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 failed to ensure children were supervised as required, because you failed to ensure that caregivers had the required training, and because you failed to provide documentation of your substitute tracking log as required. DCYF has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 142B.10, subdivision 13. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Rice County determined that your program failed to comply with the laws and rules for licensed family child care services. DCYF has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 142B.16, subdivision 1. Nature, history and severity of violations New violations determined On March 26, 2026, Rice County received a report regarding your family child care program. The report alleged that caregivers were sleeping while children were in care. Rice County investigated the report and determined the licensing violations below. The following are new violations that have not been the subject of a previous correction order. DCYF considered these violations as a factor when it determined that a Conditional License is appropriate. 1. You failed to ensure that supervision was provided when it was determined that two substitute caregivers were sleeping while two young children were in care. Rule Violated: Minnesota Rules, part 9502.0365, subpart 5 and Minnesota Rules, part 9502. 0315, subpart 29a. 2. You failed to ensure that a substitute caregiver had the required abusive head trauma (AHT) training as required. Statute Violated: Minnesota Statues, section 142B.740, subdivision 6. 3. You failed to ensure that a substitute caregiver had the required basics of licensed family child care training for substitute caregivers as required. Statute Violated: Minnesota Statues, section 142B.70, subdivision 10, paragraph ( c). 4. You failed to provide documentation of the name, dates and hours that substitutes provided care in your program as required. Statute Violated: Minnesota Statues, section 142B.74, subdivision 1. Previous licensing actions The following violations summarize the nature of your previous licensing violations. Please refer to the previously issued orders for further details on these violations. If you do not have copies of these orders, contact your Rice County licensor for assistance. DCYF also considered this history as a factor when it determined that a Conditional License is appropriate. · March 26, 2026, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. You appealed the temporary immediate suspension and later dropped your appeal. On April 15, 2026, the Commissioner affirmed the temporary immediate suspension. · April 3, 2025, Correction Order, which cited you for the following violations: o You failed to provide documentation of current first aid training. o You failed to provide documentation of current CPR training. o You failed to provide documentation of Basics of Licensed Family Child Care training for substitutes. You did not ask for reconsideration of the correction order. · December 29, 2017, Conditional License, which cited the following licensing violations: o You failed to immediately report to Rice County the injury of a child while in your care and that required medical attention. o You provided false and misleading information regarding an injured child in your care when you reported to law enforcement that you had notified Rice County of the injury to the child. o You failed to operate within the distribution limits of our license when you had five infants and toddlers in care. You were allowed to have a total of four infants and toddlers. o You failed to provide documentation that two substitutes had completed background studies prior to providing care. o You failed to provide documentation that two substitutes had completed required training on sudden unexpected infant death (SUID) reduction requirements and AHT training. o You failed to ensure that at least one caregiver had completed first aid and CPR training when you were away from your program on vacation. You appealed the conditional license. On March 30, 2018, the Commissioner affirmed the conditional license. Severity of violations Due to the serious and chronic nature of these 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 is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for family child care, you are required to comply with the following terms: 1. You must follow and comply with all applicable Minnesota Rules and Laws. 2. No variances to age distribution or capacity will be granted during the conditional period. 3. You must submit a detailed written plan for how you will ensure that required supervision is provided at all times both indoors and outdoors. The plan must include steps you have taken or changes you have made in the program to ensure children are supervised as required and to prevent further supervision violations. You must ensure that any caregiver used is trained on your supervision plan. The plan must be submitted to Rice County within 15 days of this order and must be approved by Rice County. 4. Prior to using a substitute caregiver, you must have the substitute approved by Rice County. 5. You must provide substitute tracking logs to Rice County on a monthly basis by the 5th of each month beginning July 5, 2026. 6. You must obtain a minimum of six hours of additional training within 90 days of this order. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 142B.70. The training must be in the area of rule review. You must obtain approval from Rice County that the training is appropriate, and you must submit documentation of your attendance to Rice County. 7. You must either provide a copy of the Order of Conditional License and Order to Pay a Fine to parents of children in care or document that all parents have been given an opportunity to review the order. You must obtain parent signatures of each currently enrolled child, indicating they have either received a copy of the order or had an opportunity to review the order and submit documentation to Rice County within 15 days of this order. For new families, you must submit documentation of compliance with this term to Rice County within 5 days of any child’s admission to your child care program. If you close or temporarily stop services at license no. 208684 during the conditional license period, you must complete any remaining duration and/or terms of this conditional license in the event you apply for and is approved for a new family child care license or resumes services at license no. 208684. Ongoing Monitoring Your Rice County licensor will monitor your compliance with these terms and with all of the family child care rules and laws. This will include unannounced visits. If you fail to demonstrate substantial compliance with family child care requirements or with the terms of your conditional license that are provided above, DCYF may take an additional licensing sanction, including a revocation of your license. REASONS FOR FINE Supervision Violation As a result of a licensing investigation conducted by Rice County, it was determined that you failed to ensure that required supervision was provided to two young children when caregivers were observed and admitted to sleeping with children in care. Rule Violated: Minnesota Rules, part 9502.0365, subpart 5 and Minnesota Rules, part 9502. 0315, subpart 29a. Fine: $200 Failure to Complete Training As a result of a licensing investigation conducted by Rice County, it was determined that you failed to ensure that a substitute caregiver had AHT training as required. Statute Violated: Minnesota Statues, section 142B.740, subdivision 6. Fine: $200 Total Fine Amount $400 Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(ii). . YOUR APPEAL/RECONSIDERATION RIGHTS If You Wish to Appeal the Fine and the Conditional License, or Just the Fine You have the right to appeal both the fine and the conditional license, or only the fine. 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 receive 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 DCYF within 10 calendar days from when you receive 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’s 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 Wish to Only Appeal the Conditional License If you are not appealing the fine, you do not have a right to a contested case hearing. However, you have the right to request reconsideration of the conditional license and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below 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. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Children, Youth, and Families Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DCYF 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 Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Billing and Payment of the Fine DCYF will send you an invoice for the $400 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described above, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DCYF will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described above, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DCYF. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all family child care laws and rules. 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. Posting of this licensing action You are required to place this Order of Conditional License and Order to Pay a Fine 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. Prohibition against providing legally unlicensed child care On March 26, 2026, 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. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 142B.16, subdivision 4. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DCYF under Minnesota Statutes, section 142B.16, subdivision 4. · This action is taken under Minnesota Statutes, section 142B.18, subdivision 1, paragraph (a), which describes under which conditions DCYF may impose a fine against a license. · DCYF may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(iv). · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (5), states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 142B.12, subdivisions 5 and 8, state that DCYF shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (c), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · Minnesota Statutes, section 142B.05, subdivision 4, provides that an applicant for licensure who has received a conditional license order that has not been reversed on appeal may not provide unlicensed child care to non-relatives. Operating a prohibited 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.16, subdivision 5. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6565. Sincerely,
Beth Donahue, Supervisor Licensing Division Office of Inspector General cc: Katie Anderson, Rice County Social Services
|
