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August 26, 2026 Zachary Richie, Authorized Agent Little Lambs Learning Center 5215 Avondale St Duluth, MN 55804 License Number: 1063123 (Child Care Ctr) Program Location: 802 Maple Grove, Rd, Duluth MN 55811 Dear Zachary Richie On April 14, 206, the Minnesota Department of Children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citations 1, 2, and 3 in the Correction Order issued to you on March 26, 2026. Reconsideration Determination Citation 1 Violation. The program did not comply with cleanliness requirements; the indoor space was not clean (Toddlers).·Children’s blankets were stored in a tote in the toddler classroom, stacked on top of one another. This is not a clean and sanitary way to store children’s blankets. (Toddlers: Toddler classroom) As defined in Minnesota Rules, part 9503.0005, subpart 9, clean means 'free from dirt or other contaminants that can be detected by sight, smell, or touch. 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. Your Response. You stated “the blankets stored were free from contaminants that could be detected by sight, smell, and touch. There were no visible contaminants on the blankets. They did not have an odor. The blankets did not feel dirty when touched. Center followed proper washing routines as outlined by the state. The state does not have any procedure or regulation regarding the storage of blankets. The state did not meet the evidence for determining the blankets unclean by their own definition. Licensor added “sanitary” in description which is not defined by the state in this statute.” Reconsideration Determination. The Licensor observed that Children’s blankets were stacked on top of one another, and stored in a tote in the toddler classroom. A staff person informed the Licensor that blankets were sent home at the end of the week to be laundered and cleaned. If the blankets were laundered and cleaned every day, then stacking the blankets on top of each other in a tote would comply with required cleanliness requirements. However, the blankets in the Toddler class room are laundered and cleaned at the end of the week. Each individual blanket may not be clean, free from dirt or other contaminants. When used blankets are stacked on top of each other, and stored in a tote, the used blankets may not be clean, free from dirt, and contaminate the other blankets. You did not comply with the cleanliness requirements; therefore, Citation 1 is affirmed. Citation 2 Violation. The DCYF licensor observed that hazardous objects were accessible to children. · Loose cords connected to a telephone were hanging and accessible to children in the West Preschool classroom. The cords could be pulled, resulting in the telephone falling on children. (West Preschool: Preschool/SA classroom) · One folding stool was accessible in the East Preschool classroom. Folding stools contain points where a child's extremities could be pinched. (East Preschool: Preschool/SA classroom) · One folding stool was accessible in the preschool/school age bathroom. Folding stools contain points where a child's extremities could be pinched. (Facility: Facility) Applicable Law. The License Holder must develop a risk reduction plan that prohibits the accessibility of hazardous items to children. Minnesota Statutes, section 142B.54, subdivision 2, paragraph (e). Hazardous objects including but not limited to sharp objects, medicines, plastic bags and poisonous plants, chemicals, including household supplies, must be stored out of reach of children. Minnesota Rules, part 9503.0140, subpart 17. Your Response. You stated, “when inspecting the hanging cords, they were wrapped by a clip and hanging by the side. The cords were just out of the reach of children as they were at the very top of the cubbies. Cords could not be easily pulled out by children. The outlets are tamper resistant and a cord cannot come on by simply tugging on it. Director tried to pull from the angle shown and it could not come out. Items that could fall on children were secured by double sided tape and other slip resistant material that ensured they could not fall on a child if pulled upon. Children are always supervised when in classroom.” You did not request reconsideration for a folding stool accessible to children in the East Preschool, school age class room. You also did not request reconsideration for a folding stool accessible to children in the preschool/school age bathroom. Reconsideration Determination. You did not request reconsideration for a folding stool accessible to children in the East Preschool, school age class room. You also did not request reconsideration for a folding stool hazard citation in the preschool/school age bathroom. Folding stools contain points where a child's extremities could be pinched. Folding stools are hazardous objects. Citation 2 is affirmed regarding the folding stools that were accessible to children in the East Preschool, school age class room and preschool/school age bathroom. The Licensor also observed loose cords connected to a telephone were hanging and accessible to children in the West Preschool classroom. The cords could be pulled, resulting in the telephone falling on children. You stated that the cords were wrapped by a clip and that “items that could fall on children were secured by double sided tape and other slip resistant material that ensured they could not fall on a child if pulled upon.” There is no visible clip securing the loose cords. There is no visible slip-resistant material under the telephone. During the exit interview, you did not tell the Licensor that there was double sided tape under the telephone, nevertheless, the loose hanging cords are hazardous items by themselves because they are accessible to children and pose a choking hazard to children. The loose hanging cords connected to a telephone accessible to children are also hazardous because the cords could be pulled, resulting in the telephone falling on children. Citation 2 is affirmed regarding loose cords connected to a telephone were hanging and accessible to children in the West Preschool classroom. Citation 3 Violation. The program did not have documentation on site to show that 1 of 2 (SP3) staff persons met the experience requirements of the teacher job classification for which the staff person was employed (SP3). Applicable Law. A teacher must meet the education and experience requirements. Minnesota Rules, part 9503.0032, subpart 2. The license holder must ensure that a personnel record for each staff person is maintained at the center contains the staff person's documentation indicating that the staff person meets the requirements of the staff person's job position and the education and experience requirements. Minnesota Rules, part 9503.0120, item B. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules. (emphasis added). Minnesota Statutes, section 245A.04, subdivision 5(a). Your Response. You stated: SP3 was hired and employed as an assistant teacher. In preparation for licensing review, director submitted qualifications for SP3 in hopes they could be qualified as a teacher. Director wanted licensor to review SP3’s qualifications as SP3 holds a degree, has additional completed coursework, and had finished more hours working in a center…Director stated to licensor that SP3 has not been used as a teacher but rather strictly as an assistant teacher. The original PIF in SP3's folder stated employee as assistant teacher. Director in interview stated he would like to use SP3 as teacher due to staffing changes. Staffing patterns submitted to licensor show that two qualified teachers have served in the toddler classroom and west classroom since director became director in 2020. Documentation was on site to showcase this. At the time of the licensing visit, SP3 was not even on site. A qualified lead teacher was in the toddler classroom. A qualified lead teacher was in the West Classroom. A sub for an assistant teacher was in the East Classroom. Director believes that the burden of proof is on the state for proving that proper staff distribution was not followed and that SP3 has been employed as a teacher. Reconsideration Determination. The Licensor noted that SP3 was listed as a teacher on SP3’s Personnel Information Form, the Personnel Summary and on the staffing pattern that you submitted for reinspection, however, SP3 did not meet the necessary education and experience requirements of his/her job classification of a teacher. During the site visit, you also told the Licensor that SP3 had been used as a teacher. You stated that you submitted SP3’s qualifications to the Licensor in hopes that SP3 would be qualified as a teacher. The Licensor did not receive any request to review SP3’s qualifications to ensure SP3 was teacher qualified. This citation is related to SP3 failing to meet the education and experience requirements of a his/her job classification of teacher, not distribution requirements. You did not have documentation to show that SP3 met the education and experience requirements of his/her job classification of teacher; therefore, Citation 3 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 1, 2, and 3 are 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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