March 4, 2011
License number: 1025366 R02 CERTIFIED MAIL
1995 N. Lake Drive
Braham, MN 55006
ORDER OF CONDITIONAL LICENSE
Dear Ms. Flowers:
Based upon a recommendation by Chisago County Health & Human Services, pursuant to Minnesota Statutes, section 245A.06, the Commissioner of the Department of Human Services (DHS) is placing your license to provide Family Child Care under the provisions of Minnesota Rules, parts 9502.0300 to 9502.0445 on conditional status for one year. The reasons for the actions are as follows:
Minnesota Statutes, section 245A.06 CORRECTION ORDER AND CONDITIONAL LICENSE.
Subd.1. Contents of correction orders and conditional licenses. (a) If the commissioner finds that the applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a correction order and an order of conditional license to the applicant or license holder. When issuing a conditional license, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program. The correction order or conditional license must state: (1) the conditions that constitute a violation of the law or rule; (2) the specific law or rule violated; (3) the time allowed to correct each violation; and (4) if a license is made conditional, the length and terms of the conditional license. (b) Nothing in this section prohibits the commissioner from proposing a sanction as specified in section 245A.07, prior to issuing a correction order or conditional license.
Subd. 3. Failure to comply. If the commissioner finds that the applicant or license holder has not corrected the violations specified in the correction order or conditional license, the commissioner may impose a fine and order other licensing sanctions pursuant to section 245A.07.
Minnesota Statutes, section 245A.04 APPLICATION PROCEDURES.
Subd. 6. Commissioner's evaluation. Before issuing, denying, suspending, revoking, or making conditional a license, the commissioner shall evaluate information gathered under this section. The commissioner's evaluation shall consider facts, conditions, or circumstances concerning the program's operation, the well-being of persons served by the program, available consumer evaluations of the program, and information about the qualifications of the personnel employed by the applicant or license holder.
Minnesota Statutes, section 245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.
Subd. 5. Sudden infant death syndrome and shaken baby syndrome training.
(e) The commissioner shall make available for viewing by all licensed child care providers a video presentation on the dangers associated with shaking infants and young children. The video presentation shall be part of the initial and ongoing annual training of licensed child care providers, caregivers, and
helpers caring for children under school age. The commissioner shall provide to child care providers and interested individuals, at cost, copies of a video approved by the commissioner of health under section 144.574 on the dangers associated with shaking infants and young children.
Subd. 7. Training requirements for family and group family child care. For purposes of family and group family child care, the license holder and each primary caregiver must complete eight hours of training each year. For purposes of this subdivision, a primary caregiver is an adult caregiver who provides services in the licensed setting for more than 30 days in any 12-month period….
Minnesota Rules, part 9502.0325 LICENSING OF FACILITIES FOR CHILDREN FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES.
Subp. 1. Purpose. The purpose of parts 9502.0315 to 9502.0445 is to establish procedures and
standards for licensing family day care and group family day care homes to ensure that minimum levels of
care and service are given and the protection, proper care, health, safety, and development of the
children are assured.
Violation(s): On October 26, 2009, Chisago County made a visit to your family child care home for the purpose of relicensing. As a result of this visit, you were issued a correction order for the following licensing violations:
• Failure to provide documentation of completion of required training hours for the period of November 1, 2007, to November 1, 2009.
• Failure to provide documentation of fire drills.
• Failure to provide documentation of monthly crib safety inspections.
• Failure to provide documentation of pet vaccinations.
On December 1, 2009, you returned the correction order to Chisago County. You did not provide documentation of completion of required training hours for the previous two year period.
On June 11, 2010, Chisago County sent a letter and a second copy of the correction order to follow-up on the missing documentation. In addition, the letter addressed that you were required to submit documentation of the required annual viewing of the Shaken Baby Syndrome (SBS) video which was due by December 31, 2009.
On July 21, 2010, Chisago County made an unannounced visit to your family child care home. You were unable to provide documentation of completion of eight hours of training for the period November 1, 2007, to
November 1, 2008. You also did not have documentation of the required annual viewing of the SBS video.
Due to the serious and chronic nature of the above violations; because you repeatedly failed to comply with a correction order; because you failed to complete annual training requirements, including annual viewing of the Shaken Baby Syndrome video; and, in order to protect the health, safety, and rights of children receiving services in DHS-licensed programs, your family child care license is placed on conditional status for one year.
TERMS OF CONDITIONAL LICENSE
You may continue to operate with a conditional license under the following stipulations:
1. You follow and comply with all parts of Minnesota Rules and Laws.
2. No variances to age distribution or capacity will be granted during the conditional period.
3. You must submit a detailed, written plan to Chisago County by March 25, 2011, as to how you will ensure that annual training requirements are completed in the future. The plan must describe how you will maintain records of completed training.
4. You must complete the required annual viewing of the Shaken Baby Video by March 25, 2011. You
must submit documentation that you have completed the training to Chisago County.
5. You must complete eight hours of outstanding training requirements and submit documentation of completion to Chisago County by June 30, 2011. The training is in addition to the annual training requirements as listed in Minnesota Statutes, section 245A.50. A portion of the training must be in the areas of time and records management. You must receive prior approval of the training by Chisago County.
6. You must either provide a copy of the Order of Conditional License to parents of children in care or document that all parents have been given an opportunity to review the Order of Conditional License. You must obtain parent signatures for each currently enrolled child, verifying they have either received a copy of the conditional order or had an opportunity to review the conditional order. You must provide this documentation to Chisago County Health & Human Services by March 25, 2011. For new families, you must submit documentation of compliance with this term to Chisago County Health & Human Services within 5 days of any child’s admission to your child care program.
Chisago County will monitor your compliance with these terms and with all applicable Minnesota and Laws. This may include unannounced visits. Failure to comply with the stipulations of your conditional license or any other provisions of Minnesota Rules and Laws may result in revocation of your license.
RIGHT TO REQUEST RECONSIDERATION
You have the right to request that the Commissioner of Human Services reconsider the Order of Conditional License. If you choose to exercise this right, the request must be made in writing, and sent to the Commissioner by certified mail or personal service. If sent by certified mail, the request must be postmarked and sent to the Commissioner within ten (10) calendar days after you receive this notice that your license has been made conditional. If a request is made by personal service, it must be received by the Commissioner within ten (10) calendar days after you receive this notice. You should submit written argument or evidence in support of your request. (See Minnesota Statutes, section 245A.06, subd. 4). A timely request for reconsideration of the Conditional License shall stay the terms of the Conditional License until the Commissioner issues a decision on the request for reconsideration of the Order. Please note that with a stay of terms, you are still required to comply with all applicable laws and rules.
If you request reconsideration of the Order(s) of Conditional License the request must be sent to:
Minnesota Department of Human Services
c/o Licensing Division
Attention: Nancy Sackett, Unit Manager
PO Box 64242
St. Paul, Minnesota 55164-0242.
The Commissioner’s disposition of your request for reconsideration is final and is not subject to appeal under Minnesota Statutes Chapter 14.
POSTING LICENSING ACTION
Pursuant to Minnesota Statutes, section 245A.06, subdivision 8, you must post this Order of Conditional License in a place that is conspicuous to the people receiving services and all visitors to the facility, even if you appeal the order.
Subd. 8. Requirement to post correction order. For licensed family child care providers and child care centers, upon receipt of any correction order or order of conditional license issued by the commissioner under this section, and notwithstanding a pending request for reconsideration of the correction order or order of conditional license by the license holder, the license holder shall post the correction order or order of conditional license in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. . . .
If you have any further questions regarding this matter, you may contact Nancy Sackett, Unit Manager, at
Mary Kelsey, Supervisor
Division of Licensing
c: Lanay Miller, Chisago County Health & Human Services
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer