|
April 25, 2022 CERTIFIED MAIL Jama Mohamed Farah, Authorized Agent Salamah Childcare Center 515 15th Avenue S, unit 144 Minneapolis, MN 55454 License Number 1103664 (Child Care Center) ORDER OF CONDITIONAL LICENSE Dear Jama Mohamed Farah: The Department of Human Services (DHS) is placing your license to provide child care at 2526 Horizon Drive, Burnsville, MN 55337 on conditional status for two years, beginning April 28, 2022. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with child care licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On March 24, 2022, a DHS licensor conducted a licensing review at your facility located at 2526 Horizon Drive, Burnsville, MN 55337. As a result of this licensing visit, the DHS licensor determined that your program failed to comply with the laws and rules that apply to licensed child care centers, citing 30 violations. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of children served by the program. · Nature and Severity: On March 24, 2022, a DHS licensor determined 30 licensing violations. Additionally, 6 of the 30 violations are repeat violations for which you were previously cited. Numerous violations related to the health and safety of children, including: o Failure to comply with background study requirements o Failure to comply with multiple requirements related to infant care including infant feeding, bottle labeling, daily reports to parents, and crib safety inspections. o Failure to supervise children o Failure to keep hazardous items away from children o Failure to maintain adequate staff distribution o Failure to comply with staff training requirements, including orientation, annual in-service, and child development and learning o Failure to have required equipment and materials o Failure to comply with nutritional requirements o Failure to maintain children’s files · Chronicity: Your program received its license on January 1, 2021, and had been licensed for one year and two months at the time the licensing review was conducted on March 24, 2022. Since that time, your program has a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o April 25 , 2022 Conditional License (this order): 30 violations (6 repeat) o April 20, 2022 Order to Pay A Fine 1 background study violation ($200) o January 7, 2022 Correction Order 8 violations (1 repeat) o August 13, 2021 Correction Order 4 violations Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of children in your care, your license to provide child care is placed on a conditional status. Licensing Violations DHS determined that your program failed to follow licensing rules and statutes, as described below. STAFF QUALIFICATIONS AND TRAINING 1. Violation: The program did not have documentation on site to show that 3 of 4 (SP1, SP2 and SP5) staff persons met the: • education requirements of the teacher job classification for which the staff person was employed (SP1 and SP5); and • experience requirements of the teacher job classification for which the staff person was employed (SP1, SP2 and SP5). Citation: Minnesota Rules, parts 9503.0032, subpart 2; and 9503.0120, item B. 2. Violation: Documentation was not available on site to verify that before starting assigned duties 1 of 5 (SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) received orientation training on: • the risk of abusive head trauma that was at least one half hour in length as required under subdivision 5a (SP5); • allergy prevention and response as required by Minnesota Statutes, 245A.41, subdivision 1 (SP5); • behavior guidance policy standards in Minnesota Rules, part 9503.0055 (SP5); • the child care program plan and center's philosophy (SP5); • emergency preparedness as required by Minnesota Statutes, 245A.41, subdivision 3. (SP5); • handling and disposal of bodily fluids as required by Minnesota Statutes, 245A.41, subdivision 2 (SP5); • handling emergencies and accidents according to Minnesota rules, part 9503.0110 (SP5); • procedures for maintaining health and safety according to Minnesota Rules, part 9503.0140 (SP5); • specific job responsibilities (SP5); • program's drug and alcohol policy under section 245A.04, subdivision 1, paragraph (c) (SP5); • reporting responsibilities in Minnesota Statutes, chapter 260E (MOMA) and 9503.0130 (SP5); and • program's risk reduction plan as required under section 245A.66, subdivision 2 (SP5). Citation: Minnesota Statues, section 245A.40, subdivision 1; and Minnesota Statutes, section 245A.04, subdivision 14, paragraph (b) (1) 3. Violation: The required in-service training had not been completed for 3 of 4 (SP1, SP2 and SP3) individuals (director, staff persons, substitutes, or unsupervised volunteers) for the previous concluded calendar year. In-service training did not include the required number of in-service training hours for the calendar year 2021 (SP1, SP2 and SP3). Citation: Minnesota Statutes, section 245A.40, subdivision 7. 4. Violation: The program did not comply with cardiopulmonary resuscitation (CPR) training requirements. Documentation was not available on site to show that 1 of 5 (SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) had satisfactorily completed the required pediatric CPR training including the treatment of obstructed airways and a hands-on skill assessment before unsupervised direct contact with a child (SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 4; and Minnesota Rules, part 9503.0120, item D. 5. Violation: The program did not comply with first aid training requirements. Documentation was not available on site to show that 1 of 5 (SP5) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed pediatric first aid training before unsupervised direct contact with a child (SP5). Citation: Minnesota Statutes, section 245A.40, subdivision 3; and Minnesota Rules part 9503.0120, item D. 6. Violation: The program did not comply with child development and learning training requirements. Documentation was not available on site to show that 2 of 4 (SP3 and SP4) individuals (director, staff persons, substitutes, or unsupervised volunteers) completed training within 90 days of employment (SP3 and SP4). Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for a similar violation in a Correction Order dated January 7, 2022. On February 7, 2022 the license holder responded: Salamah Childcare had trained their staff with Child development and learning training and will be available upon request with the DHS personnel. The documents for SP1 staff were completed all yearly requirement training, and it will be available upon request of DHS license personnel. Salamah Childcare will follow Minnesota Statues, section 245A.40, Subdivision 2. Citation: Minnesota Statutes, section 245A.40, subdivision 2. 7. Violation: Staff distribution requirements were not maintained. Throughout the licensing review, an assistant teacher supervised five preschool children. A staff person with the qualifications of a teacher was required. (Preschool) Citation: Minnesota Rules, part 9503.0040, subpart 2. 8. Violation: Staff distribution requirements were not maintained. A teacher or assistant teacher did not directly supervise an aide. · From approximately 4:31 p.m. to 4:55 p.m., an aide supervised four school-age children. A staff person with the qualifications of a teacher was required. (School Age) · Throughout the licensing review, an aide supervised five toddler children. A staff person with the qualifications of a teacher was required. (Toddlers) · It was determined through a conversation with an administrative staff person that a staff person qualified as an aide gives breaks in each classroom on a daily basis without supervision from a teacher or assistant teacher. (Facility) Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for a similar violation in a Correction Order dated January 7, 2022. On February 7, 2022 the license holder responded: Salamah Childcare will make sure that school age classroom will always under teacher supervision with sight and hearing of the child. Salamah Childcare will follow Minnesota Statutes, section 245A.02 Subdivision 18 and Minnesota Rules, par 9503.0045 subpart 1, item A Citation: Minnesota Rules, part 9503.0040, subpart 2, item D; and Minnesota Rules, part 9503.0034, subpart 1. INFANT and TODDLER CARE 9. Violation: Daily written reports were not provided to parents. It was determined through a conversation with a staff person that daily written reports are not provided to toddler parents and there was not a blank daily report for the DHS licensor to review. (Toddlers) Citation: Minnesota Rules, part 9503.0090, subpart 2, item D. 10. Violation: The program did not have written dietary instructions from each infant's parent. An administrative staff person stated that the staff use the health care summary and enrollment paperwork to determine the child’s dietary needs, but these documents did not include written dietary instructions. Citation: Minnesota Rules, part 9503.0145, subpart 7, item A. 11. Violation: Each infant's bottle was not labeled with the child's first and last name. There was one bottle in a crib and one bottle in a diaper storage basket that were not labeled with the child's first and last name. (Infants) Citation: Minnesota Rules, part 9503.0145, subpart 7, item D. 12. Violation: The required crib safety inspections were not completed on a monthly basis. Crib safety inspections were not completed in September, October, November, and December of 2021. (Infants) Citation: Minnesota Statutes, section 245A.146, subdivision 4. 13. Violation: The program did not comply with the requirements for bedding used for naps and rest; bedding was not cleaned weekly or when soiled or wet. Four of the crib sheets were visibly dirty with stains. Through a conversation with an administrative staff person it was determined that the sheets are washed weekly but not when soiled or dirty. (Infants) Citation: Minnesota Rules, part 9503.0050, subpart 6. SUPERVISION 14. Violation: Staff did not supervise the children at all times (School Age). The DHS licensor observed four school age children alone in the classroom from 4:25 p.m. to 4:31 p.m. (School Age) Supervision occurs when a program staff person is accountable for the child's care and is within sight and hearing of a child at all times, so that the program staff person can intervene to protect the health and safety of the child. Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for a similar violation in a Correction Order dated January 7, 2022. On February 7, 2022 the license holder responded: Salamah Childcare will make sure that school age classroom will always be under teacher supervision with sight and hearing of the child. Salamah Childcare will follow Minnesota Statutes, section 245A.02 Subdivision 18 and Minnesota Rules par 9503.0045 subpart 1, item A. Citation: Minnesota Statutes, section 245A.02, subdivision 18; and Minnesota Rules, part 9503.0045, subpart 1, item A. FACILITY 15. Violation: Areas used by the children were not in good repair. · The doorknob was in disrepair and would not latch properly. The door was being held closed by a chair. (Toddlers) · The paint was peeling off the blue wall behind the highchairs. (Infants) Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for a similar violation in a Correction Order dated January 7, 2022 and August 13, 2021 License Holder Response to Correction Order dated January 7, 2022: Salamah Childcare installed half door at kitchen area, and always will maintain in good repair. The half door across from the child bathroom was repaired and no longer is sticky to prevent from opening and shutting. The cot wall with yellow paint at Toddler classroom wall was repainted and no longer paint peeling appears. Salamah Childcare will follow Minnesota Rules, part 9503.0140, subpart 20 License Holder Response to Correction Order dated August 13, 2021: To maintain compliance I’ll make sure that all classrooms will be inspected on a daily basis by the staff so that anything missing or broken will be fixed. Citation: Minnesota Rules, part 9503.0140, subpart 20. HAZARDS 16. Violation: The DHS licensor observed that hazardous objects were accessible to children. There was a roll of clear plastic bags on the middle shelf of the changing table accessible to children. (Facility) Citation: Minnesota Rules, part 9503.0140, subpart 17; and Minnesota Statutes, section 245A.66, subdivision 2, paragraph (e). HEALTH AND SAFTEY 17. Violation: Meals did not comply with the nutritional requirements of the USDA. · The preschool children were served pizza and milk for dinner. A vegetable and fruit component were required. (Preschool) · The toddler children were served pizza for dinner. Unflavored whole milk for one year olds, low-fat or fat-free milk for children two years of age and older, a vegetable, and a fruit component were required. (Toddlers) · The school-age children were served pizza for dinner. Low fat or skim milk, a vegetable and a fruit component were required. (School Age) Citation: Minnesota Rules, part 9503.0145, subpart 4. 18. Violation: Menus did not comply with the nutritional requirements of the United state Department of Agriculture. · The program did not have a snack menu to show that snacks complied with the nutritional requirements of the USDA. (Toddlers, Preschool, and School Age) · It was determined through a conversation with a staff person that cinnamon toast crunch cereal and milk were offered as snack on the day of the licensing review. Because cereal did not count as a food component due to the sugar content, a second component was required. Snack did not include two of the four food components identified by the USDA (fluid milk, juice or fruit or vegetable, meat or meat alternate, bread/bread alternate or cereal). (Preschool) · The program did not have a meal menu to show that meals complied with the nutritional requirements of the USDA. (Toddlers, Preschool, and School Age) Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for a similar violation in a Correction Order dated January 7, 2022. On February 7, 2022 the license holder responded: Salamah Childcare will serve and comply with USDA food menu. Salamah Childcare will always make sure that they follow their food/snacks/juice menu that is comply with USDA. Salamah Childcare will follow Minnesota Rules, part 9503.0145, subpart 2 Citation: Minnesota Rules, part 9503.0145, subpart 2. 19. Violation: Staff did not wash tables used for meals with soap and water as required. The DHS licensor observed children in the School Age classroom sit down at a table for a meal. The table was not cleaned with soap and water prior to the children sitting down. (School Age) Citation: Minnesota Rules, part 9503.0145, subpart 3. 20. Violation: Written parental permission had not been obtained for administering: • medicine; • diaper products; and • sunscreen lotions. The program did not have parental permission forms available for the administration of medicine, diaper products, and sunscreen lotions. Citation: Minnesota Rules, part 9503.0140, subpart 7, item A. 21. Violation: The program did not have a battery operated portable radio. Repeat Violation: This is a repeat licensing violation. The license holder was previously cited for similar violation in a Correction Order dated January 7, 2022. On February 7, 2022 the license holder responded: Salamah Childcare had bought battery operated portable radio that will be used for emergency and will be available upon request of DHS license personnel. Salamah Childcare will follow Minnesota Rules, part 9503.0140 subpart 18. Citation: Minnesota Rules, part 9503.0140 subpart 18. EQUIPMENT AND SUPPLIES 22. Violation: The program did not provide children access to interest areas on a daily basis. Children were not provided daily access to a sensory stimulation activities interest area (Preschool). It was determined through a conversation with a staff person that sensory activities were not offered on a daily basis. (Preschool) Citation: Minnesota Rules, part 9503.0045, subpart 2. CHILDREN’S FILES 23. Violation: A record had not been maintained at the program for each child. There was no record for 3 of 4 (C1, C2 and C4) children. Citation: Minnesota Rules, parts 9503.0115; and 9503.0125 PERSONNEL FILES 24. Violation: A personnel record was not maintained at the program for each staff person (SP5). Citation: Minnesota Rules, part 9503.0115, item B; and Minnesota Rule, part 9503.0120. POLICIES AND ADMINISTRATIVE RECORDS 25. Violation: The health consultant's monthly review of the infant health policies and practices was not completed monthly. The health consultant's monthly review was not completed in August, September, October, November, and December of 2021. Citation: Minnesota Rules, part 9503.0140, subpart 2. 26. Violation: The program did not have a policy to prevent and respond to allergies. Citation: Minnesota Statutes, section 245A.41, subdivision 1. 27. Violation: The program did not have a policy for handling and disposal of bodily fluids. Citation: Minnesota Statutes, section 245A.41, subdivision 2. 28. Violation: The program did not have documentation of a fire drill. There was no documentation to show that a fire drill was completed in September, October, November, and December of 2021. Citation: Minnesota Rules, part 9503.0110, subpart 3, items D and E and subpart 4, item B. 29. Violation: The program was not maintaining a written record of accidents, injuries, incidents, and emergencies. It was determined through a conversation with a staff person that accident, injury, incident, and emergency records are not being completed for injuries that occur within the program. Citation: Minnesota Rules, part 9503.0110, subpart 4, item C. 30. Violation: The license holder did not review and update the emergency plan annually. There was no documentation to verify that an annual review and update of the center’s emergency plan was done in 2021. “Annual” or “annually” means prior to or within the same month of the subsequent calendar year. Citation: Minnesota Statutes, section 245A.41, subdivision 3, paragraph (d). Immediate corrective action required You must immediately correct the violations cited above. Submit documentation to your licensor within 30 days from when you received this order explaining how you have corrected the violations. If you fail to demonstrate substantial compliance with child care licensing requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Additionally, DHS will not approve a request to increase your licensed child care services from the date of this order until the time your conditional license expires. CONDITIONAL LICENSE TERMS In addition to the child care licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days from receipt of this order, you must provide written notification of the conditional status of your license to all parents/legal guardians. Prior to providing the written notification to all parents/legal guardians, you must submit the written notice to your DHS licensor for approval. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. 2. On an ongoing basis while your license is on a conditional status, you must maintain a list of all newly hired employees who will have direct contact with children served by the program. The documentation required under this term must be maintained onsite and made immediately available to DHS upon request. For each individual on the list, you must document the following: · the individual’s full name; · the individual’s job title; · the date of hire; · the date the individual first had direct contact with children served by the program; and · the date the background study request was submitted to DHS. 3. Within 45 days from receipt of this order, you must ensure that all staff persons have successfully completed training as required under Minnesota Statutes, section 245A.40, as well as training on your risk reduction plan as required under Minnesota Statutes, section 245A.66, subdivision 3. You also must ensure that new hires successfully complete all applicable training. You must maintain documentation of the completed training in each staff person’s personnel record. 4. Within 45 days from the receipts of this order, you must develop a system to ensure written dietary instructions are obtained from the parent or legal guardian of each infant and a feeding schedule for each infant is available in the food preparation area. You must also develop a system to ensure daily written reports are provided to infant and toddler parents that include the child’s food intake, elimination, sleeping patterns, and general behavior. 5. You must develop a system that includes using a checklist to ensure children’s records maintain all required information as specified under Minnesota Rules, part 9503.0125. Within 30 days from receipt of this order, you must submit a copy of the checklist you will use to ensure children’s records contain the required documentation. On an ongoing basis while your license is on conditional status, you must complete the checklist for each child enrolled in your program and maintain a copy of the completed checklist in each child’s file. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for two years from that date. You continue to be required to comply with all child care center laws and rules. Posting of this licensing action You are required to place this Order of Conditional License in a place that is clearly noticeable to the people receiving services and all visitors to the facility for two years, even if you appeal. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · Child care centers are required to follow Minnesota Rules, parts 9503.0005 to 9503.0170; and Minnesota Statutes, Chapters 245A, 245C, and 260E. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.06, subdivision 8. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Donna Gainor, Supervisor, at 651-431-6529. Sincerely,
Peggy Cunningham, Unit Manager Licensing Division Office of Inspector General
|
