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March 19, 2024 Jay Elrico Alexander, Authorized Agent Portland Village Early Childhood Family Development Center 700 Humboldt Avenue North Minneapolis, MN 55411-3931 License Number: 1014503 (Child Care Center) Program Location: 1829 Portland Avenue South, Minneapolis, MN 55404
Dear Jay Elrico Alexander: On June 20, 2023, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citations in the Correction Order (Attachment A) issued to you by the Department of Human Services on May 24, 2023. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Food allergy information was not readily available to staff where food is prepared. Specifically, although food is prepared off-site, it is delivered to a small kitchen area in the center where it is portioned out for the rooms. Allergy information was not found in that area. Request for Reconsideration. You indicate in your reconsideration request that the kitchenette in question is a “receiving kitchen.” You indicate food is sent from a licensed kitchen in trays labeled with for each classroom, and the labels include accommodations. You indicate food is not served or prepared in the receiving kitchen and that food is put on the appropriate classroom cart where allergies are posted. You indicate allergy information is posted in the kitchen where food is catered from and in the classroom where food is served. Applicable Law. Under Minnesota Statutes, section 245A.41, subdivision 1, paragraph (d) a child’s allergy information must be available at all times including on site, when on field trips, or during transportation. A child’s food allergy information must be readily available to a staff person in the area where food is prepared and served to the child. Reconsideration Determination. Although food is not served to children in the kitchenette, food preparation occurs there because the food is portioned out in the kitchenette before being sent to the classrooms. Also, during the licensing visit, facility staff indicated that allergy information had been posted in the kitchenette area in the past so that it was accessible to staff persons who were portioning the food. As a result, there is sufficient evidence to support the citation, and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citation and it is affirmed. This is a final agency decision. 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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