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August 13, 2026 Carol Acosta, Authorized Agent Playschool Child Care 1709 McKnight Rd N Maplewood, MN 55109 License Number: 801948 (Child Care Center) Program Location: 1709 McKnight Rd N, Maplewood, MN 55109-4849 Report Number: 202505619, 202507114 Dear Carol Acosta: On November 24, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citations 3, 4, 5, 6, 7, 11, 13 and 15 in the Correction Order issued to you on November 3, 2025. You did not request reconsideration of any other citations; therefore, they are not under review. Reconsideration Determination Citation 3: During the program's regular hours of operation infants were mixed with other age categories. On September 8, 2025, at approximately 11:00 a.m., there was an eight-month-old infant in the Explorer 1 school-age classroom with three school-age children. (Explorer 1: School Age classroom) On July 30, 2025, at approximately 11:00 a.m., there was a school-age child in the Tootsie Roll infant classroom for approximately five minutes. (Infants: Infant classroom) Your Request for Reconsideration. You stated: This violation comes as a direct result of our hired director leaving her position. Our infant teacher left as well leaving us with no option but to close our infant program due to now having a staffing shortage. This infant had a single mother who could not quickly find care. She also had a job she feared losing if she did not show up because of no childcare. The decision was made to care for her child for the day and alleviate her stress. She was able to find care for her child. We did not provide any further care beyond that day. Applicable Law. During the center's regular hours of operation, children in different age categories may be mixed within a group if: infants are not grouped with children of other age categories. Minnesota Rules, part 9503.0040, subpart 3, item B, (1). Reconsideration Determination. The Licensor observed an eight-months-old infant in the Explorer 1 school-age classroom with three school-age children. Infants cannot be grouped with other age categories during the hours of operation. You did not dispute that you provided care for an infant and had the infant mixed with school-age children. Citation 3 is affirmed. Citation 4: The 36-month range in age allowed for a group that mixes different age categories was exceeded. On September 8, 2025, through conversations with two staff persons it was determined that during the previous month two school-age children were in the Jellybeans toddler classroom for two to three hours. The 36-month range in age was exceeded. (Toddlers: Toddler classroom) On September 8, 2025, at approximately 10:05 a.m. there was an eight-month-old infant in the Explorer 1 school-age classroom with three school-age children. The 36-month range in age was exceeded. (Explorer 1: School Age classroom) On July 30, 2025, at approximately 11:00 a.m., there was a school-age child in the Tootsie Roll infant classroom for approximately five minutes. The 36-month range in age was exceeded. (Infants: Infant classroom) Your Request for Reconsideration. You stated that, “The information gathered for this violation was embellished by the people supplying it. No school age youth were in a toddler classroom for 2-3 hours.” You also stated, “we have established opportunities for youth to experience what childcare looks like, what roles teachers and aides play in care, and what other duties childcare workers must do to maintain the health and safety requirements in their jobs. Two 11-year-old girls helped with lunch by learning the table cleaning process and helped to clean up. Their time helping would have been approximately 30 minutes.” Applicable Law. During the center's regular hours of operation, children in different age categories may be mixed within a group if: there is no more than a 36-month range in age among children in a group. Minnesota Rules, part 9503.0040, subpart 3, item B, (2). Reconsideration Determination. The Licensor learned that the 36-month range in age categories was exceeded when two school-age children were in the Jellybeans toddler classroom for two to three hours during the previous month. You acknowledged that you “have established opportunities for youth to experience what childcare looks like… two 11-year-old girls helped with lunch by learning the table cleaning process and helped to clean up.” Citation 4 is affirmed regarding the 36-month range in age was exceeded when two 11-years-old school-age children were in the Jellybeans toddler classroom. The Licensor observed that the 36-month range in age categories was exceeded when an eight-month-old infant was in the Explorer 1 school-age classroom with three school-age children. You did not dispute that the eight months-old infant was in the Explorer 1 school-age classroom in violation of the 36-month range in age categories where children in different age categories may be mixed within a group if: there is no more than a 36-month range in age. Citation 4 is affirmed regarding the eight months-old infant who was in the Explorer 1 school-age classroom.
The Licensor became aware that the 36-month range in age was exceeded when there was a school-age child in the Tootsie Roll infant classroom for approximately five minutes. You did not dispute that there was a school-age child in the Tootsie Roll infant classroom for approximately five minutes. Citation 4 is affirmed regarding school-age child in the Tootsie Roll infant classroom for approximately five minutes. Citation 5: The program was not operating within the terms of the license. On July 30, 2025, through documentation provided by the program it was determined that a child who was 14 years old attended the school age program. (Explorer 1: School Age classroom) Your Request for Reconsideration. You explained, “This 14-year-old is a youth with Down Syndrome. He grew up within our program, attending Explorer Club for approximately 5 years. We were approached by his family about his care needs… his family approached us with his need for care and asked if we would take him in for the summer…We decided to take care of him. Our decision stemmed from the values we hold and that is to extend care when it is needed, and we can provide it. He left our program at the end of August 2025.” Applicable Law. A license holder must notify the commissioner, in a manner prescribed by the commissioner, and obtain the commissioner's approval before making any change that would alter the license information listed under subdivision 14, paragraph (a). Minnesota Statutes, section 142B.10, subdivision 15, paragraph (a). If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license consistent with this section. At minimum, the license shall state: (1) the name of the license holder; (2) the address of the program; (3) the effective date and expiration date of the license; (4) the type of license; (5) the maximum number and ages of persons that may receive services from the program; and (6) any special conditions of licensure. Minnesota Statutes, section 142B.10, subdivision 14, paragraph (a). Reconsideration Determination. The Licensor became aware through documentation provided by the program that a child who was 14 years old attended the school age program outside of the parameters of your license. You did not dispute that your program provided care of the 14 years old child. Instead, you admit that you intentionally provided care outside the parameters of your license. Citation 5 is affirmed. Citation 6: Staff did not supervise school-age children at all times; more than one school-age child used the restroom unsupervised within the licensed space (Explorer 1). On July 30, 2025, at approximately 10:45 a.m., the DCYF licensor observed three school-age children using the men's restroom unsupervised. The staff person responsible for supervising the school-age children using the restroom was outside on the playground at that time. (Explorer 1: School Age classroom) Your Request for Reconsideration. You stated: Playschool is an outdoor summer recreation program. Our youth are outside all day. Since we do not have outdoor bathroom facilities, we have established a very effective routine for school-age youth to use the bathroom located inside the school building. This routine has established one adult a youth can ask to use the bathroom. That same adult monitors who and how many youths use the bathroom, how long they are in the school building and then determines when the next child can go. If families drop their youth off and give permission for them to use the bathroom before they check in, we would have no knowledge of their presence. They would not be in our care yet without the parents checking them in and transferring care to Playschool. Applicable Law. When a single school-age child uses the restroom within the licensed space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. When a school-age child uses the restroom outside the licensed space, including but not limited to field trips, supervision occurs when staff accompany children to the restroom. Minnesota Statutes, section 142B.01, subdivision 27, paragraph (c). When a school-age child leaves the classroom but remains within the licensed space to deliver or retrieve items from the child's personal storage space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. Minnesota Statutes, section 142B.01, subdivision 27, paragraph (d). The applicant must develop a written child care program plan, and the license holder must see that it is carried out. The child care program plan must mandate that children have supervision at all times. Minnesota Rules, part 9503.0045, subpart 1, item A. Reconsideration Determination. The Licensor observed three school-age children using the men's restroom unsupervised, but the staff person responsible for supervising the school-age children using the restroom was outside on the playground at that time. When a single school-age child uses the restroom within the licensed space, supervision occurs when a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. You did not dispute that the three school-age children used the men’s restroom unsupervised where the responsible staff person was unaware of the children’s bathroom usage and did not check on the three children every five minutes. Citation 6 is affirmed. Citation 7: Meals did not comply with the nutritional requirements of the USDA. On July 30, 2025, the lunches that were brought from home did not comply with the nutritional requirements of the USDA. Many children were not served milk and the lunches they brought from home were missing at least one required food component. (Jellybeans: Toddler classroom) On July 30, 2025, the lunches that were brought from home did not comply with the nutritional requirements of the USDA. Many children were not served milk and the lunches they brought from home were missing at least one required food component. (Gumdrops: Preschool classroom) Your Request for Reconsideration. You stated that you “have parent packed food for snacks and meals. The parents understand their children and what they will eat during the day… We will continue to supplement meals that are not full. But we will also operate with common sense about the expense of offering food that we know will be wasted…Many families have asked that their child not be offered cow milk.” You also stated, “We are appealing this violation based on the expense this statute is placing on childcare, the number of cultural differences in eating habits and food choices as well as needing a doctor’s permission to not serve a child milk.” Applicable Law. Each meal must provide one-third of the child's daily nutritional needs as specified by the United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20. The license holder must provide or ensure the availability of: A. a snack for a child in attendance for more than two hours, but fewer than five hours; B. one meal and two snacks or two meals and one snack for a child in attendance five to ten hours unless four or more of these hours are spent in sleep; C. a minimum of two meals and two snacks for a child in attendance more than ten hours unless four or more of these hours are spent in sleep; and D. program staff who are seated with the children during meal and snack times. Minnesota Rules, part 9503.0145, subpart 4. Meal components. Except as otherwise provided in this section, each meal served in the Program must contain, at a minimum, the indicated components: (1) Fluid milk. Fluid milk must be served as a beverage or on cereal, or a combination of both. Lactose-free and reduced-lactose milk that meet the fat content and flavor specifications for each age group may also be offered. (i) Children 1 year old. Unflavored whole milk must be served. (ii) Children 2 through 5 years old. Whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free (skim) milk. Milk must be unflavored. (iii) Children 6 years old and older. Whole, reduced-fat (2 percent), low-fat (1 percent), or fat-free (skim) milk may be served. Milk may be unflavored or flavored. Title 7 Code of Federal Regulations, subtitle B, Chapter II, subchapter A, subpart E, section 226.20, Reconsideration Determination. The Licensor observed lunch at your program. The Licensor observed that children bring their lunches from home, and most of the lunches did not meet the dietary requirements including not having milk. Staff explained that the program does not provide milk for the children. You do not dispute that your program does not provide milk for the children’s meals. Instead, you stated that “Many families have asked that their child not be offered cow milk.” You did not provide any additional information or evidence to show that you provide milk for children. Citation 7 is affirmed. Citation 11: Areas used by the children were not in good repair. On July 30, 2025, the DCYF licensor observed a urinal in the men's bathroom that was covered with a garbage bag. (Facility: Facility) On September 8, 2025, the paint on the wall was peeling, chipping, and the plaster on the wall near the weather chart and behind the dramatic play area was exposed. (Gumdrops: Preschool classroom) Your Request for Reconsideration. You stated that you have five toilets and six sinks for school-age use. You stated that you are within the parameters of the laws, and “a non-working urinal did not impact the quality of care we provide in a negative way. The garbage bag covering the urinal was taped, securing it to the wall and urinal. This encouraged youth to stay away from it, not play with it, and ultimately to not urinate in it. The expense to fix the urinal was not a priority as we had enough toilets for all youth enrolled.” Applicable Law. The areas used by children must be free from debris, loose flaking, peeling, or chipped paint, loose wallpaper, or crumbling plaster, litter, and holes in the walls, floors, and ceilings. Rugs must have a nonskid backing or be firmly fastened to the floor and be free from tears, curled or frayed edges, and hazardous wrinkles. Minnesota Rules, part 9503.0140, subpart 20. Reconsideration Determination. The Licensor observed a urinal in the men's bathroom that was covered with a garbage bag. You did not dispute that the urinal was in disrepair. Instead, you stated that the “the expense to fix the urinal was not a priority.” Citation 11 is affirmed because the urinal was in disrepair. The Licensor also observed the paint on the wall was peeling, chipping, and the plaster on the wall near the weather chart and behind the dramatic play area was exposed in the Gumdrops preschool class room. You did not dispute the peeling, chipping, nor the plaster on the wall. You did not provide any additional information regarding the areas of disrepair in the Gumdrops preschool class room. Citation 11 is affirmed regarding the peeling, chipping, and the plaster on the wall in the Gumdrops preschool class room. Citation 13: The program did not comply with the requirements for reducing the risk of sudden unexpected infant death. The program did not place each infant to sleep in a crib directly on a firm mattress with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be dislodged by pulling on the corner with reasonable effort. On July 30, 2025, the three infants in attendance were sleeping on cots. On September 8, 2025, through conversations with administrative staff persons, it was determined an eight-month-old infant would have to sleep on a cot that day because there were no cribs available at the program. (Tootsie Rolls: Infant classroom) Your Request for Reconsideration. You stated that a former staff person took the cribs from your program. You did not know that the cribs were gone. You also stated that the three infants on the cots were 15 months old, and were of the age to sleep on the cots. Applicable Law. The license holder must place the infant in a crib directly on a firm mattress with a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of the sheet with reasonable effort. The license holder must not place anything in the crib with the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, part 1511. The pacifier must be free from any sort of attachment. The requirements of this section apply to license holders serving infants younger than one year of age. Licensed child care providers must meet the crib requirements under section 142B.45. A correction order shall not be issued under this paragraph unless there is evidence that a violation occurred when an infant was present in the license holder's care. Minnesota Statutes, section 142B.46, paragraph (b). Reconsideration Determination. You did not dispute that the three infants were sleeping on cots instead of cribs. You asserted that the infants were 15 months old and could sleep on cots. You did not have a cot variance for infants to sleep on cots. Citation 13 is affirmed. Citation 15: The program did not follow all behavior guidance general requirements. The program did not ensure that each child is provided with a positive model of acceptable behavior. On September 8, 2025, through conversations with staff persons, it was determined that an administrative staff person and a staff persons had yelled at each other in front of the toddler and preschool children on the playground. (Explorer 1: School Age classroom) Your Request for Reconsideration. You stated that the incident occurred in August. You explained that a staff person became upset and started yelling at an administrative staff person. You also stated that the staff person was the only person yelling, and other staff persons became engaged in louder interactions. However, the administrative staff person was not yelling. Applicable Law. The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must ensure that each child is provided with a positive model of acceptable behavior. Minnesota Rules, part 9503.0055, subpart 1. Reconsideration Determination. It was reported that a staff person was arguing with the administrative staff person in front of children. Three staff persons observed the argument and the staff person and administrative staff person yelling at each other. Yelling is not a positive model of acceptable behavior. You admit that the staff person became upset and started yelling at the administrative staff person. Citation 15 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 3, 4, 5, 6, 7, 11, 13, and 15 are 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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