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June 27, 2025 CERTIFIED MAIL Pamela Bakken 337 Grand Avenue West South Saint Paul, MN 55075-2057 License Number 1041760 FCC ORDER OF LICENSE REVOCATION Dear Ms. Bakken: Based on the recommendation of Dakota County Community Services (Dakota County), the Department of Children, Youth, and Families (DCYF) is revoking 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. REASON FOR LICENSE REVOCATION 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DCYF evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of children in your program, available evaluations from consumers 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 ensure that a disqualification variance was followed, because you failed to ensure that children did not have access to toxins or hazards, and because you failed to complete a background study for a household member. DCYF has determined that revocation of your license is appropriate based on the violations identified below and the program evaluation. Legal Authority: Minnesota Statutes, section 142B.10, subdivision 13.1 2. Determination that the license holder is responsible for maltreatment 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 facility was exposed to methamphetamine related environmental hazards. You requested reconsideration and Dakota County determined that the maltreatment determination was correct. You have made a timely request for a fair hearing of the maltreatment determination. This hearing is pending. If you appeal the revocation order, as explained below, the maltreatment determination will be heard along with the revocation at a contested case hearing. Statute Violated: Minnesota Statutes, section 260E.03 Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (1). . License holders found responsible for maltreatment are required to pay a $1000 fine for each determination of maltreatment of a minor. Because license revocation is a more severe sanction against your license, DCYF is not imposing this fine. If the revocation is rescinded, DCYF may impose the fine at that time. 3. Disqualification of the license holder and a household member/individual affiliated with your program. On February 20, 2025, DHS notified you that you had a disqualification, and of the right to request reconsideration. The disqualification was for serious maltreatment. You did not make a timely request for reconsideration, so the correctness of the disqualification is final. Because your disqualification cannot be set aside, if you appeal this revocation order, the issue of whether you pose a risk of harm to children served will not be reviewed as a part of the contested case hearing. On September 29, 2021, DHS notified you that an affiliated person who may have unsupervised access to children was disqualified. On December 20, 2021, this individual was issued a time limited variance to provide services at the program under specific conditions. This variance was renewed on March 28, 2022, under the same conditions. Dakota County determined that the program did not comply with conditions outlined in the variance when the disqualified individual had numerous unsupervised contacts with children served by your licensed program. As a result, the variance granted on December 20, 2021, and renewed on March 28, 2022, was terminated. The Commissioner’s decision to grant or deny a variance is final and not subject to appeal. On March 13, 2025, DHS notified you that the affiliated person was disqualified. Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (2); Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), subparagraph (1). ; 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. DCYF has considered the nature, chronicity, or severity of the violations that led to the revocation of your license. Legal Authority: Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (1). Nature, history and severity of violations New violations determined On December 9, 2024, Dakota County conducted 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. DCYF considered these violations, as well as the maltreatment determination described above, as a factor when it determined that revocation of your license 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 individual to be alone with children receiving services. Statute Violated: Minnesota Statutes, section 245C.30, subdivision 4, Minnesota Statutes, section and Minnesota Statutes, section 245A.07, subdivision 3 (a) (2)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. DCYF also considered this history as a factor when it determined that revocation of your license is appropriate. · December 9, 2024, Temporary Immediate Suspension, which determined children were at an imminent risk of harm. Severity of violations Because you are responsible for maltreatment of a child, because you and a person affiliated with your program are disqualified from any position allowing direct contact with, or access to, persons served by DCYF-licensed programs, and due to the serious and chronic nature of the licensing violations and the conditions in the program, which impact the health and safety of children in your care, your license to provide family child care services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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. The timeline to appeal began when you received this order. 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. Please send it to: Commissioner, Department of Children, Youth, and Families 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 DCYF within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Children Youth, and Families Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DCYF’s 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 DCYF will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DCYF is prohibited from issuing you a license for five years. In addition, any additional licenses held by you shall also be revoked. 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: On March 4, 2025, DHS issued an Order of Suspension on your family child care license. Because the suspension of your license remains in effect, if you appeal the revocation, you continue to be prohibited from operating pending a final order from the Commissioner of DCYF. Questions about CCAP If you are a provider registered to receive Child Care Assistance Program (CCAP) payments, this revocation 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 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. Posting of this Licensing Action You are required to place this Order of License Revocation 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 142B.18, subdivision 4, which describes under which conditions DCYF may revoke a license. · When a revocation of a license is based on a maltreatment determination and/or a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the maltreatment and/or disqualification and set aside under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (a). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (g). · When a revocation of a license is based on a maltreatment determination and/or a disqualification of an individual other than the license holder, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (f). · When a revocation of a license is based on a disqualification that cannot be set aside, the scope of the contested case hearing for the revocation shall not include whether the disqualification may be set aside, under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (g), and Minnesota Statutes, section 245C.24, subdivision 2, paragraph (a). · Minnesota Statutes, section 245C.29, subdivision 1 states that a maltreatment determination is final if the commissioner has issued a final order following an appeal, the individual did not request reconsideration of the maltreatment determination, or the individual did not request a hearing of the maltreatment determination. · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · When a revocation of a license is based on the termination of a variance under section 245C.30, subdivision 4, the scope of the contested case hearing shall include a determination of whether the disqualification should be set aside, under Minnesota Statutes, section 142B.20, subdivision 3, paragraph (h). · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4), states that license holders shall pay a $1000 fine for each determination of maltreatment under Chapter 260E. · Minnesota Statutes, section 142B.18, subdivision 4, paragraph (c), subparagraph (4)(iv), states that license holders shall pay a $200 for each background study violation. · Minnesota Statutes, section 245.095 defines which programs administered by DCYF 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, Minnesota Rules, parts 1400.8505 to 1400.8612, and Minnesota Statutes, section 142B.20. · Under Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), subparagraph (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter or chapter 245A revoked within the past five years. · Under Minnesota Statutes, section 142B.10, subdivision 14, paragraph (d), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 142B or chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. · Minnesota Statutes, section 142B.05, subdivision 4, provides that child care provider who has received a license revocation that has not been reversed on appeal may not provide unlicensed child care to non-relatives. Operating a prohibited unlicensed family child care is a misdemeanor under Minnesota Statutes, section 142B.05, subdivision 5. · The requirement to post this order in a clearly visible location is required under Minnesota Statutes, section 142B.18, subdivision 6. Questions If you have any further questions regarding this matter, you may contact Beth Donahue, Supervisor, at 651-431-6565. Sincerely,
Alexandra Keys, Unit Manager Licensing Division Office of Inspector General cc: Mitzi Mabry, Dakota County Community Services 11 On June 18, 2025, licensing functions for child care centers, family child care programs, and family child foster care programs, have been transferred from Minnesota Department of Human Services (DHS) to the new Minnesota Department of Children, Youth, and Families (DCYF), as directed by state law. While this matter began under DHS, pursuant to Minnesota Statutes, section 15.039, subdivision 2, DCYF is now the responsible agency. Additionally, the statute governing licensing functions for the above-mentioned programs have been renumbered from Minnesota Statutes, Chapter 245A to Chapter 142B. 22 Following the department transition, this citation has been renumbered to Minnesota Statutes, section 142B.18, subdivision 4, paragraph (a), subparagraph (2).
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