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August 19, 2026 Shakila Abeywardene, Authorized Agent Sunflower Montessori & Daycare 7561 142nd St W Apple Valley, MN 55124 License Number: 1064648 (Child Care Center) Program Location: 7561 142nd St W, Apple Valley, MN 55124-6702 Dear Shakila Abeywardene: On December 20, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citations 1 and 2 in the Correction Order issued to you on December 5, 2025. You did not request reconsideration of any other citations; therefore, they are not under review. Reconsideration Determination Citation 1: The program did not comply with cleanliness requirements; the indoor space was not clean (Transition and Toddlers). · The white plastic step stool was visibly dirty and soiled. (Transition: Infant/Toddler classroom) · The white plastic step stool was visibly dirty and soiled. (Toddlers: Toddler classroom) Your Request for Reconsideration. You stated, “The stepstools of both rooms were clean but had scuff marks from children’s footwear. Since the teachers were not able to remove scuff marks with regular soap or soft soap, the stepstools were left as is for use. The stepstools did not pose a risk to the children’s health because they were clean (but only with scuff marks).” Applicable Law. The indoor and outdoor space and equipment of the center must be clean. Minnesota Rules, part 9503.0140, subpart 9. Clean means “free from dirt or other contaminants that can be detected by sight, smell, or touch.” Minnesota Rules, part 9503.0005, subpart 9. Reconsideration Determination. The Licensor observed one plastic step stool that was visibly dirty and soiled in the Infant/Toddler classroom and one plastic step stool that was visibly dirty and soiled in the Toddler classroom. The indoor and outdoor space and equipment of the center must be clean, but both stools were visibly dirty and soiled. Citation 1 is affirmed. Citation 4: The program did not place all infants to sleep on their backs and did not have documentation from an infant's physician or advanced practice registered nurse directing an alternative sleeping position. Through conversation with a staff person it was determined that an infant is typically placed in a crib on their stomach. (Infant A: Infant classroom) Your Request for Reconsideration. You stated that the aide staff person is not a native English speaker and “was confused by repeated questioning.” You stated that “the licensor posed the question as ‘how does the baby sleep?’ to which the aide staff person answered that ‘first on back, and then he likes to roll on tummy. S/he thinks it’s time to play, s/he rolls on his tummy and sleeps well.’ You also stated that the baby “started rolling on his/her stomach when s/he was less than six months old, the Center Director obtained a rollover form and trained the aide staff person on how the form is used ahead of time, including putting the baby on his/her back but would let him/her sleep on his/her stomach when s/he rolled independently.” Applicable Law. When a license holder is placing an infant to sleep, the license holder must place the infant on the infant's back, unless the license holder has documentation from the infant's physician, advanced practice registered nurse, or physician assistant directing an alternative sleeping position for the infant. The physician, advanced practice registered nurse, or physician assistant directive must be on a form developed by the commissioner and must remain on file at the licensed location. An infant who independently rolls onto its stomach after being placed to sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least six months of age or the license holder has a signed statement from the parent indicating that the infant regularly rolls over at home. Minnesota Statutes, section 142B.46, paragraph (a). Reconsideration Determination. The Licensor spoke with an aide staff person regarding how the aide staff person puts the baby to sleep. The aide staff person stated that s/he places the baby to sleep on his/her stomach because the baby is over six months old. “When a license holder is placing an infant to sleep, the license holder must place the infant on the infant's back, unless the license holder has documentation from the infant's physician, advanced practice registered nurse, or physician assistant directing an alternative sleeping position for the infant.” The Licensor asked additional clarifying questions regarding how the aide staff person puts the baby to sleep. The aide staff person repeatedly stated that s/he places the baby to sleep on his/her stomach, therefore, Citation 4 is affirmed. You indicated that you have a rollover form to allow the baby to sleep in an alternative position other than his/her back. You did not provide the rollover form on reconsideration. Citation 4 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1 and 2 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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