Happy Days Preschool

The following is from a DHS document:

…names and telephone numbers of anyone authorized to take the child from the center…did not contain the names, addresses, and telephone numbers of two persons to be contacted…in an emergency…risk reduction plan did not include specific policies and procedures to ensure adequate supervision…including infant crib rooms…child drop-off and pick-up times…supervision in hallways…

Minnesota Department of Human Services

February 29, 2016

Kristina Marshall, Authorized Agent

Happy Days Preschool

PO Box 134

Ely, MN 55731

License Number: 800973 (Rule 3)

CORRECTION ORDER

Dear Ms. Marshall:

On February 24, 2016, a licensing review of Happy Days Preschool, located at 600 E Harvey , Ely, MN 55731, was conducted to determine compliance with Minnesota Statutes and the provisions governing child care under Minnesota Rules, parts 9503.0005 through 9503.0170 (Rule 3). As a result of this licensing review a Correction Order is being issued.

A. Reason for Correction Order

Pursuant to Minnesota Statutes, section 245A.06, if the Commissioner of the Department of Human Services (DHS) finds that an applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the Commissioner may issue a Correction Order to the applicant or license holder.

The following violations of state or federal laws and rules were determined as a result of the licensing review. Corrective action for each violation is required by Minnesota Statutes, section 245A.06 and is hereby ordered by the Commissioner of Human Services.

1. Citation: Minnesota Statutes, section 245C.20.

Violation: The license holder did not comply with background study record keeping requirements.

· In the program’s personnel files, the license holder did not document the date the background study was submitted to the commissioner for two staff persons (SP2 and SP3).

· In the program’s personnel files, the license holder did not document the first date of direct contact with children for one staff person (SP2).

· In the program’s personnel files, the license holder did not maintain a notice that a background study was completed for one staff person (SP3).

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

2. Citation: Minnesota Statutes, section 245A.40, subdivision 5, paragraph (a).

Violation: The license holder did not comply with abusive head trauma training requirements. Documentation was not available to show that one staff person (SP2) received training on reducing the risk of abusive head trauma before caring for children under school age.

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

3. Citation: Minnesota Rules, part 9503.0125, item D and F.

Violation: Each child’s record did not contain all required information.

D. One out of five children’s files reviewed did not contain the names and telephone numbers of anyone authorized to take the child from the center; and

F. One out of five children’s files reviewed did not contain the names, addresses, and

telephone numbers of two persons to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention.

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

4. Citation: Minnesota Statutes, section 245A.66, subdivision 2, paragraph (f).

Violation: The risk reduction plan did not include specific policies and procedures to ensure adequate supervision of children at all times as defined under section 245A.02, subdivision 18, with particular emphasis on:

times when children are transitioned from one area within the facility to another;

nap-time supervision, including infant crib rooms as specified under section 245A.02, subdivision 18, which requires that when an infant is placed in a crib to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision components;

child drop-off and pick-up times;

supervision during outdoor play and on community activities, including but not limited to field trips and neighborhood walks; and

supervision of children in hallways.

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

5. Citation: Minnesota Statutes, section 245A.66, subdivision 3, paragraph (a).

Violation: The license holder did not comply with orientation training requirements to the risk reduction plan. Documentation was not available to verify that all mandated reporters as defined in Minnesota Statutes, section 626.556, subdivision 3, who are under the control of the license holder, received an annual orientation to the risk reduction plan. There was no documentation available to show that two staff persons (SP1 and SP3) received orientation to the risk reduction plan in 2014.

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

6. Citation: Minnesota Statutes, section 245A.66, subdivision 3, paragraph (b).

Violation: The license holder did not evaluate the risk reduction plan annually. There was no documentation to verify that an annual evaluation of the center’s risk reduction plan was done in 2014 or 2015.

Corrective Action Ordered:  Correct immediately and submit written documentation within 30 days of receipt of this letter detailing how compliance has been achieved and will be maintained in the future.

7. Citation: Minnesota Statutes, section 245A.66, subdivision 1, (1).

Violation: The license holder did not have policies and procedures to ensure that an internal review is completed within 30 calendar days and that corrective action is taken, if necessary, when the facility has reason to know that an internal or external report of alleged or suspected maltreatment has been made.

Corrective Action Ordered:  This violation was corrected on-site by the license holder during the licensing visit. No further corrective actions is required.

If you fail to correct the violations specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07.

Submissions required as part of a corrective action ordered must be sent to your Licensor at:

Commissioner, Department of Human Services

ATTN: Chad Kratzke

Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

B. Right to Request Reconsideration

If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to:

Commissioner, Department of Human Services

ATTN: Legal Unit

Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14.

C. Posting the Correction Order

Pursuant to Minnesota Statutes, section 245A.06 subdivision 8, you must post this Correction Order for two years in a place that is conspicuous to the people receiving services and all visitors to the facility, even if you request reconsideration.

If you have any questions regarding this Correction Order, please contact me as soon as possible.

Chad Kratzke, Human Services Licensor

Licensing Division

Office of Inspector General

651-431-6535


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

http://www.dhs.state.mn.us/licensing

Author: Nate McCallister

Nate McCallister started with SonShine Learning Center in 2003 as a preschool teacher. Today, he works as the organization’s director of operations and is the site director at the Luther location. He earned a bachelor’s degree in technical communication and professional writing from Metropolitan State University and studied early childhood education at St. Paul College.