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January 21, 2025 PERSONAL SERVICE Amanda Frank 104 4th Street Lyle, MN 55953 License Number 1076652 FCC ORDER OF TEMPORARY IMMEDIATE SUSPENSION Dear Ms. Frank: Based on the recommendation of Mower County Department of Human Services (Mower County) the Department of Human Services (DHS) is immediately suspending your license to provide family child care at 104 4th Street Lyle, MN. This immediate suspension is based on a determination that children served by your program are at an imminent risk of harm. Details of our findings are provided below. Our next steps and your options are also detailed. The immediate suspension goes into effect on January 22, 2025, at 12:01 a.m. After this time, you are prohibited from providing family child care. You are also prohibited from operating as a legally unlicensed child care provider at this time. REASON FOR TEMPORARY IMMEDIATE SUSPENSION There is an imminent risk of harm to persons served. On January 17, 2025, Mower County received a report. The report alleged a serious incident of abuse by an individual that has access to children in your care. Because your program is currently being investigated by Mower County, no additional information can be released in this order. Based on these findings, DHS cannot ensure the health and safety of the children served by your program at this time. DHS has determined that the health, safety, and rights of children in your care are in imminent risk of harm. Therefore, DHS is suspending your license to provide family child care. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 2(a)(1). YOUR RIGHT TO APPEAL You have the right to appeal the temporary immediate suspension. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 5 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 5 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this order could impact your ability to receive CCAP funding. If your CCAP registration is closed or denied as a result of this Licensing action, you will get a separate notice(s). If you have questions about: · Your CCAP registration, and you get a notice telling you your registration is being closed or denied, contact the agency that sent the notice. · Billing or payments for specific children, contact the county or CCAP agency where the children get CCAP. Prohibition against providing legally unlicensed child care If this action is not reversed on appeal, you will not be allowed to provide child care, including legally unlicensed child care to unrelated children. Operating an unlicensed family child care home is a misdemeanor offense. Posting of this licensing action You are required to place this Order of Temporary Immediate Suspension 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 in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · Because this report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder and any controlling individual shall discontinue operation of a program upon receipt of an order to immediately suspend the license under Minnesota Statutes, section 245A.07, subdivision 2(b). · Minnesota Statutes, section 245A.03, subdivisions 2 and 3 provide that a license holder under a temporary immediate suspension may not operate as a legally unlicensed child care provider. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 245A.07, subdivision 5. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alexandra Keys, Family Child Care Unit Manager Licensing Division Office of Inspector General cc: Brady Engelby, Mower County Department of Human Services
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