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October 23, 2026 Colleen Kotila, Authorized Agent Stay N Play Child Care Inc 19573 612th Ave Litchfield, MN 55355 License Number: 1054346 (Child Care Center) Dear Colleen Kotila: On August 7, 2026, the Minnesota Department of Children, Youth, and Families (DCYF), Division of Licensing, received your request for reconsideration regarding Citation 3 in the Correction Order issued to you on July 28, 2026. You did not request reconsideration of any other citations; therefore, they are not under review. Reconsideration Determination Citation 3: The DCYF licensor observed that hazardous objects were accessible to children. There was one slide placed on grass. There was not an appropriate fall zone of wood chips, mulch, sand or pea gravel to protect children against injuries from falls. (Facility : Facility) Your Request for Reconsideration. First, you referenced Minnesota Rules, part 9503.0140 , subpart 17 and stated that a slide is not a toxic, sharp, or a chemically hazardous object . Second, you stated that the Licensor failed to cite the proper outdoor surface rule of Minnesota Rules, part 9503.0155. You stated that “Citing subpart 17 for a surface issue misclassifies a surfacing compliance concern as an inherently hazardous item accessibility violation.” Finally, you stated that “a slide is an age appropriate piece of recreational equipment,” and “The licensor's observation focuses entirely on the ground surface underneath the equipment rather than any inherent defect, sharp edge, or restricted substance in the slide itself.” 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. Reconsideration Determination. The Licensor observed one slide placed on grass. A slide directly on the grass without appropriate fall zone of wood chips, mulch, sand or pea gravel to protect children against injuries from falls is a hazardous item. You did not dispute that the slide was directly on the grass. You did not assert that there was an appropriate fall zone of wood chips, mulch, sand or pea gravel under the slide to protect children against injuries. Citation 3 is affirmed. You referenced Minnesota Rules, part 9503.0155. Minnesota Rules, part 9503.0155 addresses “Facility,” subpart 7 addresses the “Outdoor activity area.” Minnesota Rules, part 9503.0155, subpart 7 is not applicable to this citation. If you have additional questions, then please contact your Licensor. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citation 3 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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