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March 4, 2025 CERTIFIED MAIL Pamela Bakken 337 Grand Avenue West South Saint. Paul, MN 55075-2057 License Number 1041760 FCC ORDER OF SUSPENSION Dear Ms. Bakken: Based on the recommendation of Dakota County Community Services (Dakota County), the Department of Human Services (DHS) is suspending your license to provide family child care at 337 Grand Avenue West, South Saint Paul, MN. Details of our findings are provided below. Our next steps and your options are also detailed. Because your license is currently temporarily suspended due to a Temporary Immediate Suspension Order as explained below, this suspension is effective immediately. You are also prohibited from operating as a legally unlicensed child care provider at this time. REASON FOR SUSPENSION 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children served in your program, available evaluations of your program, and information about the qualifications of caregivers working in your program. Specifically, because you are responsible for maltreatment, because you failed to provide required supervision, because you failed to comply with the terms of a disqualification variance, because you failed to ensure that children did not have access to toxins, and because you failed complete a background study for a household member. DHS has determined that suspension of your license is appropriate based on the violations identified below, ongoing investigations, and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Disqualification Variance Rescinded Dakota County determined that the terms of the disqualification variance granted by the commissioner on December 20, 2021, were violated. By letter dated March 4, 2025, you were notified that the disqualification variance for a staff members disqualification has been rescinded. Termination of a variance is a final decision not subject to appeal, however if you appeal the suspension order, the scope of the hearing would include a determination of whether the disqualification should be set aside. Legal Authority: Minnesota Statutes, section 245C.30, subdivision 4, Minnesota Statutes, section 245A.07 (3) (a) (2), and Minnesota Statutes, section 245A.07, subdivision 3 (a) (2) 3. Open ongoing investigation or judicial proceedings On December 7, 2024, Dakota County received a report that indicated that your program was being investigated. The allegations in the report indicate that the terms of a variance were violated and there is an immediate health and safety risk for children in care. As a result of this report, DHS issued an Order of Temporary Immediate Suspension on your family child care license on December 9, 2024. You did not appeal the order. The immediate suspension of your license remains in effect. There is a related, ongoing investigation by Dakota County. Due to the open investigation, no additional information can be released in this order. There is also potential for ongoing judicial proceedings related to the report that led to the immediate suspension of your program. The outcome of the related, ongoing investigation and potential judicial proceedings are necessary to determine if a final licensing sanction will be issued. 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 continue to be at imminent risk of harm. Therefore, DHS is suspending your license to provide family child care. Legal Authority: Minnesota Statutes, section 245A.07, subdivisions 2a, paragraph (b), subparagraph (2), and 3, paragraph (a), subparagraph (7). 4. Failure to comply with licensing laws and rules Dakota County determined that you failed to fully comply with the laws and rules that apply to licensed family child care. DHS has considered the nature, chronicity, or severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (a), subparagraph (1). Nature, history and severity of violations February 10, 2025, Maltreatment Determination On February 10, 2025, Dakota County determined that you were responsible for maltreatment of a minor by neglect. Specifically, Dakota County determined that you are responsible for neglect because a child in your child care program was exposed to methamphetamine. Dakota County informed you of your right to request reconsideration of the maltreatment determination. Statute Violated: Minnesota Statutes, section 260E.03 New violations determined In response to the report received on December 7, 2024, Dakota County initiated a licensing investigation at your licensed program. The following are new violations that have not been the subject of a previous correction order. If you appeal this order, the following violations will be reviewed as a part of the appeal. DHS considered these violations as a factor when it determined that a suspension is appropriate. 1. Dakota County determined that you failed to provide required supervision when a child in your program ingested methamphetamine. Rule Violated, Minnesota Rules, part 9502.0315, subpart 29a and Minnesota Rules, part 9502.0365, subpart 5. 2. Dakota County determined that you violated the terms of a disqualification variance when you allowed the subject of the variance to be alone with children in care. Statute Violated: Minnesota Statutes, section 245C.30, subdivision 4, Minnesota Statutes, section and Minnesota Statutes, section 245A.07, subdivision 3 (a) (2) 3. Dakota County determined that you failed to submit a background study for a household member as required. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g) 4. Dakota County determined that you failed to obtain all necessary information prior to enrollment for all children in care. Rule Violated: Minnesota Rules, part 9502.0405, subpart 4. 5. Dakota County determined that you failed to ensure that all toxic substances were inaccessible to children when a child ingested methamphetamine. Rule Violated: Minnesota Rules, part 9502.0435, subpart 4. Previous licensing actions The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued orders for further details on these violations. If you do not have copies of these orders, contact your Dakota County licensor for assistance. DHS also considered this history as a factor when it determined that a suspension is appropriate. · December 9, 2024, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. Severity of 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 served in your care, your license to provide family child care services is suspended. YOUR RIGHT TO APPEAL You have the right to appeal the 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 10 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 10 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. Operating the program pending the outcome of the appeal: As discussed above, because the immediate suspension of your license remains in effect, if you appeal the suspension, you continue to be prohibited from operating pending a final order from the Commissioner of DHS. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this suspension 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. Posting of this Licensing Action You are required to place this Order of 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. Prohibition against providing legally unlicensed child care On December 9, 2024, DHS issued an Order of Temporary Immediate Suspension to your family child care program, which disqualified you from providing legally unlicensed child care. You remain prohibited from providing legally unlicensed child care even if you appeal this order. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may suspend a license. · Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · When a report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder that has received a final order immediately suspending a license continues to be prohibited from operating a program upon receipt of an order to suspend the license under Minnesota Statutes, section 245A.07, subdivision 2a, paragraph (c). · Minnesota Statutes, section 245A.03, subdivision 2 and 3 provides that a license holder under a temporary immediate suspension may not operate as a legally unlicensed child care provider. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “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: Mitzi Mabry, Dakota County Community Services
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