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August 25, 2026 Janelle Mickley, Authorized Agent Tutor Time of Andover 1570 109th Ave NE Blaine, MN 55449 License Number: 830241 (Child Care Center) Program Location: 3390 Bunker Lake Blvd NW, Andover, MN 55304 Report Number: 202602220 Dear Janelle Mickley: On April 10, 2026, the Minnesota Department of Children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citation 1 in the Correction Order issued to you on March 20, 2026. Reconsideration Determination Citation 1 Violation. Staff did not supervise the children at all times (Facility). Applicable Law. Supervision. (a) For purposes of licensed child care centers, "supervision" means when a program staff person: (1) is accountable for the child's care; (2) can intervene to protect the health and safety of the child; and (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). (b) When an infant is placed in a crib room to sleep, supervision occurs when a program staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components. (c) 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. (d) 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. (e) When a single preschooler uses an individual, private restroom within the classroom with the door closed, supervision occurs when a program staff person has knowledge of the child's activity and location, can hear the child, and checks on the child at least every five minutes. Minnesota Statutes, section 142B.01, subdivision 27 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. Your Response. You stated that when the child (“AV”) was put on the wrong bus that the AV was transitioning between schools. You stated that when the staff person (“SP”) released AV on to the wrong bus that the SP had confirmed with the bus driver that a child was supposed to be on the bus. You stated that after the bus driver confirmed a child’s name that SP released the AV onto the bus. You stated that the AV “was not left unattended onsite but rather released to a driver who verbally confirmed responsibility.” You stated that the reason why AV was released to the bus driver on the wrong bus “was due to the verbal confirmation to the driver.” Reconsideration Determination. There was a maltreatment report that AV, a child in the care of your program, was put on the wrong bus by SP, a staff person from your program. AV was on the bus for 35 minutes without supervision of anyone from your facility. Supervision occurs when “a program staff person is accountable for the child's care, can intervene to protect the health and safety of the child; and is within sight and hearing of the child at all times.” SP released AV to a bus driver on to the wrong bus. No staff were present within sight and sound of AV, were accountable for AV, or could intervene to protect AV from harm. Therefore, no staff from your facility provided supervision of AV when they were released to the wrong bus driver and the wrong bus. The record supports the citation, and Citation 1 is affirmed. 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 issued, 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 1, paragraph (a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations and respond in the Provider Hub immediately. 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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