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August 19, 2026 Crystal Port, Authorized Agent Crystal’s Cuddle Bugs Childcare Center-Lakeville LLC 13831 Birchwood Ave Rosemount, MN, 55068 License Number: 1115111 (Child Care Center) Program Location: 20044 Kenwood Trl, Lakeville, MN 55044-5404 Dear Crystal Port: On November 20, 2025, 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 November 7, 2025. You did not request reconsideration of any other citations; therefore they are not under review. Reconsideration Determination Citation 1: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. · During the licensing visit, two aide qualified staff persons were supervising 14 toddler aged children. To meet staff distribution requirements, a staff person meeting the qualifications of at least an assistant teacher was required. (Toddler 2: Toddler classroom) · During the licensing visit, two aide qualified staff persons were supervising eight preschool aged children. To meet staff distribution requirements, a staff person meeting the qualifications of at least an assistant teacher was required. (Preschool 4/School Age: Preschool/SA classroom) Your Request for Reconsideration. You stated that you believe your staff distribution requirements were compliant. You stated that there is a “contradiction between Minnesota Rule 9503.0040 Subp. 2(D) and Minnesota Rule 9503.0032 Subp. 1.” You also stated that Minnesota Rules, part 9503.0040, subpart 2, item D “does not state that the distribution pattern must be met within each individual classroom; rather, it specifies the requirement applies to the age category as a collective group.” Applicable Law. Staff-to-child ratios and maximum group size. Except as provided in subpart 2, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are:
Minnesota Rules, part 9503.0040, subpart 1.
The license holder must ensure that the following requirements for staff distribution are met and a written staff distribution record is kept in the administrative record. A. Only a staff person who is qualified as a teacher, assistant teacher, or aide and who works directly with children can be counted in meeting the staff-to-child ratios. B. An assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation. C. The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities such as films, guest speakers, and holiday programs. D. Except as provided in item B, staff distribution within each age category must follow the pattern in subitems (1) to (4). (1) The first staff member needed to meet the required staff-to-child ratio must be a teacher. (2) The second staff member must have at least the qualifications of a child care aide. (3) The third staff member must have at least the qualifications of an assistant teacher. (4) The fourth staff member must have at least the qualifications of a child care aide. The pattern in subitems (1) to (4) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved. Minnesota Rules, part 9503.0040, subpart 2, item D. "Aide" means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. Minnesota Rules, part 9503.0034, subpart 1. Reconsideration Determination. The Licensor observed and noted two instances when you did not meet the staff to child ratio requirement. First, two aide qualified staff persons were supervising 14 toddler aged children in the Toddler classroom. To meet staff distribution requirements, a staff person meeting the qualifications of at least an assistant teacher was required in the Toddler classroom. Citation 1 is affirmed regarding not meeting staff distribution requirements in the Toddler classroom. Second, the Licensor observed and noted two aide qualified staff persons were supervising eight preschool aged children in the Preschool classroom. To meet staff distribution requirements, a staff person meeting the qualifications of at least an assistant teacher was required in the Preschool classroom. Citation 1 is affirmed regarding not meeting staff distribution requirements in the Preschool classroom. You did not provide any additional information to show that there was at least an assistant teacher qualified staff person supervising the two aides in the Toddler classroom and Preschool classroom. Disposition The Commissioner has reviewed the relevant laws and all 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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