Minnesota

August 6, 2026                    CERTIFIED MAIL

Rachel Lee

102 Main Street

Biwabik, MN 55708

License Number 1130874 FCC

ORDER OF LICENSE DENIAL

Dear Ms. Lee:

Based on the recommendation of St. Louis County Public Health and Human Services (St. Louis County), the Department of Children, Youth, and Families (DCYF) is denying your application for a family child care license. Details of our findings are provided below. Our next steps and your options are also detailed.

REASON FOR LICENSE DENIAL

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 who would be served by your program, available evaluations from consumers of your program, and information about the qualifications of caregivers who would be working in your program. Specifically, because you are disqualified. DCYF has determined that denial of your license application is appropriate based on the violations identified below and the program evaluation.

Legal Authority: Minnesota Statutes, section 142B.10, subdivision 13.

2.  Disqualification of applicant

On March 12, 2026, DHS notified you that you had a disqualification and of your right to request reconsideration.

On March 26, 2026, you made a timely request for reconsideration of the disqualification. On August 6, 2026, DCYF notified you that your disqualification was not set aside and a variance had not been granted.

If you appeal this denial order, as provided below, the issue of whether you pose a risk of harm to children served by your program will be heard along with the denial at a contested case hearing. The correctness of the disqualification will not be reviewed as part of the contested case hearing because it is final.

Legal Authority: Minnesota Statutes, section 142B.15, paragraph (a), subparagraph (4); Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d)(1).

Because you are disqualified from any position allowing direct contact with, or access to, persons served by DCYF-licensed programs, and in order to protect the health, safety, and rights of children who would be in your care, your application to provide family child care is denied.

YOUR RIGHT TO APPEAL

You have the right to appeal the denial. 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 20 calendar days from when you received 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 20 calendar days from when you received 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 do not appeal or if the order is affirmed by the Commissioner following a hearing, DCYF is prohibited from issuing you a license for two years.

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.

Prohibition against providing legally unlicensed child care

If the action is not reversed on appeal, you will not be allowed to provide legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense.

Legal authority in this licensing action

· This action is taken under Minnesota Statutes, section 142B.15, paragraph (a), which describes under which conditions DCYF may deny a license.

· “Applicant” is defined under Minnesota Statutes, section 142B.01, subdivision 4.

· Minnesota Statutes, section 142B.10, subdivision 14, states that the commissioner shall not issue a license if the applicant or a household member has a disqualification which has not been set aside and no variance has been granted.

· When a denial of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (a).

· When a denial of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the denial shall also include the risk of harm review under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (g). .

· Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so.

· Applicants have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.

· Minnesota Statutes, section 245.095 defines which programs administered by DCYF are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.”

· Under Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter or chapter 245A within the past two years.

· Minnesota Statutes, section 142B.05, subdivision 4, provides that an applicant for licensure who has received a license denial 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.

Questions

If you have any further questions regarding this matter, you may contact me at 651-431-6565.

Sincerely,

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Beth Donahue, Supervisor

Licensing Division

Office of Inspector General

cc: Carrie Woods, St. Louis County Public Health and Human Services


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/