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November 3, 2025 Anna Achtenberg, Authorized Agent Anna’s Bananas Daycare & Preschool 8692 Eagle Creek Circle Savage, MN 55378-4400 License Number: 1077930 (Child Care Ctr) Program Location: 6700 160th Street West, Rosemount, MN 55068-1901 Dear Anna Achtenberg: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding Citation 2 in the Correction Order (enclosed) issued to you on March 25, 2025. You did not request reconsideration of Citation 1. Therefore, Citation 1 not within the scope of review and is final. On June 18, 2025, licensing functions for child care centers, family child care programs, and child foster care programs, and maltreatment investigations involving child care centers, have been transferred from Minnesota Department of Human Services, Office of Inspector General (DHS), to the new Minnesota Department of Children, Youth, and Families (DCYF), as directed by state law. While this matter began under DHS, pursuant to Minnesota Statutes, section 15.039, subdivision 2, DCYF is now the responsible agency. Reconsideration Determination Citation 2 Violation. The program violated the behavior guidance policy prohibiting certain actions. During the licensing visit, the DHS licensor observed one toddler strapped into a seat at a bucket table. Through a conversation with a toddler staff person, the DHS licensor learned that the child was in the seat to restrict climbing behaviors. Using a bucket table restricts the child’s movements and is considered a form of mechanical restraint. Applicable Law. The license holder must develop and enforce written behavior guidance policies and procedures that prohibit the use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm, and the use of mechanical restraints, such as tying. Minnesota Rules, part 9503.0055, subpart 3(f)(g). Your Response. In your request for reconsideration, you stated the toddler aged child was seated at a table engaged in an activity awaiting their turn for a diaper change. You stated that the teacher was within sight and sound of the seated toddler when the teacher was changing the diaper of another child. You stated that the teacher gave the toddler an activity, which may have fallen and rolled off the table. You stated that the table was intended for feeding and activity time. You stated that the teacher had the “child sit at the table with an activity to ensure their safety while waiting for a diaper change, as the child had previously been climbing shelves” when the teacher was changing another child’s diaper. In pertinent part, you stated that having the toddler sit at the table was developmentally appropriate for the toddler age group and was implemented with safety and intention (emphasis added). You stated that “[due to the child previously attempting to climb on shelves in the classroom-posing a potential safety hazard-the teacher made the decision to have both children seated at the table with an activity to prevent injury while they awaited their turn.” Finally, you stated that the table was not used to “restrain” the children but as a “proactive and appropriate measure to ensure the child’s safety and engagement.” Reconsideration Determination. The licensor observed a toddler strapped into a bucket seat without an activity. The teacher explained to the licensor that the toddler was seated at the table with an activity to ensure safety while awaiting a diaper change because the toddler had climbing behavior. The teacher told the licensor that s/he had given the seated toddler a ball as an activity. The licensor observed the toddler, who was strapped into the bucket seat, without any activity for four minutes. The licensor observed an orange ball that was on the ground. During the exit interview, the licensor told the program that strapping the toddler into a bucket seat while awaiting a diaper change to prevent the toddler from climbing restricted the child’s movements. The licensor told the program that strapping the toddler to restrict the child’s movements and control the child’s behavior was a mechanical restraint, and was prohibited. The program must develop and enforce behavior guidelines that prohibit the use of mechanical restraints. In this case, straps of a bucket seat to restrict the toddler’s climbing behavior and movement are a mechanical restraint. The program is prohibited from using any form of mechanical restraint for behavior guidance. Under the applicable rule, the program may “physically hold a child when containment is necessary to protect a child or others from harm.” However, the program restrained the toddler in a bucket seat with the intent to control the toddler’s climbing behavior. Although the program’s intent was to “ensure their safety” and “to prevent injury” the program may not use mechanical restraints as a form of behavior guidance. Citation 2 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. Citations 2 is affirmed. You did not request reconsideration of Citation1. Therefore, Citation 1 is not within the scope of review and is final. 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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