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OAH Docket No. 61-1800-17610-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of
the Temporary Immediate Suspension of the Family Child Care License of Dianne
Bolte To Provide Family
Day Care under |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
The above
matter came on for hearing before Administrative Law Judge M. Kevin Snell on
December 8, 2006, at the Jackson County Courthouse,
Sherry E.
Haley, Assistant Jackson County Attorney,
This report is a recommendation, not a
final decision. The Commissioner of Human Services (Commissioner) will make the
final decision after a review of the record and may adopt, reject or modify
these Findings of Fact, Conclusions, and Recommendation. Under Minn. Stat. §§ 14.61 and 245A.07, subd.
2a (b), the parties adversely affected have ten (10) calendar days to submit
exceptions to this Report and request to present argument to the Commissioner.
The record shall close at the end of the ten-day period for submission of
exceptions. The Commissioner then has ten (10) working days from the close of
the record to issue his final decision. Parties should contact Cal Ludeman,
Commissioner of Human Services,
Under Minn. Stat. § 14.62, subd. 1, the
agency is required to serve its final decision upon each party and the
Administrative Law Judge by first class mail or as otherwise provided by law.
Does reasonable
cause exist to believe that Dianne failure to comply with applicable law or
rule now poses an imminent risk of harm to the health, safety, or rights of
children served by her?
Based on the evidence in the hearing
record, the Administrative Law Judge makes the following:
1.
Since November
2005, Dianne Bolte (“Ms. Bolte”) has been licensed to provide family child care
services for up to 12 children at her home at 117 Thomas Hill Road, Jackson,
Minnesota, Jackson County, Minnesota 56143 (“the home”).[1] Ms.
Bolte provides day care services on a 24-hour-a-day basis.[2] She is
assisted by her 20-year-old daughter, Brandi J. Bolte.[3]
2.
As well as
other training, Ms. Bolte received the following formal training required by
DHS for her license:
a.
Naptime/Sleeping
patterns on November 17, 2005;
b.
Sudden Infant
Death Syndrome (“SIDS”) and shaken baby on December 8, 2005; and
c.
CPR and first
aid in April and May 2006.[4]
3.
In May 2006,
an Evenflow bassinet was brought into the home by Brandi Bolte, placed in the downstairs
bedroom, and was used by Brandi Bolte for her daughter when they would stay
overnight in the home.[5]
4.
The bassinet
remained continuously in essentially the same location in the bedroom through
October 24, 2006.[6]
5.
The Evenflow
bassinet is of sturdy construction, such that a 2-3/8 inch diameter sphere
cannot pass through its mesh sides or wooden bottom.[7] It has a
model number on the leg that is difficult to find and a 1-800 number for the
manufacturer.[8]
It is not listed as an unsafe device on the website of the Consumer Product
Safety Commission.[9]
6.
Ms. Bolte
conducts a monthly crib inspection for all cribs in use for day care children
and completes a written report in the first week of each month, and did so the
first week of October 2006.[10] Ms.
Bolte prepared her November inspection report that included the bassinet for
the first time in the first week of November 2006.[11]
7.
JC, an infant
born on August 26, 2006,[12] started
being cared for by Ms. Bolte on October 9, 2006.[13]
8.
According to
JC’s mother, around September 26, 2006, it had become JC’s practice to roll
onto his side to sleep, even if he was initially set down on his back to sleep.[14] Dr.
Randall testified that, although it was unusual for an infant to roll over at
that age, and that favorite positions usually occur when an infant is older, he
had no reason to doubt JC’s mother.[15]
9.
The bassinet
was used for JC to sleep in beginning on October 9, 2006.[16]
10.
On October 16,
2006, Ms. Krystal Preuss,
11.
Ms. Preuss
requested and received the October crib inspection report from Ms. Bolte.[19] Ms.
Price visited the bedroom where the bassinet and a crib were present. Although
Ms. Preuss stated that she did not remember the bassinet being there and did
not look in the bassinet, she does not deny that it was in the bedroom during
her walk through inspection.[20] She neither commented to Ms. Bolte about the
bassinet in any way, nor advised Ms. Bolte about whether or not it was an
acceptable infant sleeping arrangement. In fact, Ms. Preuss did not know until
October 25, 2006, after researching the issue upon return from the visit with
Ms. Bolte that the bassinet failed to meet the crib rule requirements.[21]
12.
As a result of
this inspection Ms. Preuss issued a routine correction order requiring Ms.
Bolte to retag a fire extinguisher, update her provider policy, move items further
away from the furnace, correct children’s communication records, and post an
emergency plan.[22]
Ms. Bolte corrected each item of this order.[23]
13.
On October 24,
2006, Ms. Bolte was caring for six (6) children in the home, including JC.[24] They
were:
a.
TCB, a three-year-old
boy;[25] and
b.
NB, his 17
month old sister;[26] and
c.
GW, a 2-˝ year
old girl;[27]
and
d.
JW, a
two-year-old boy;[28] and
e.
D, age
unknown, but not an infant and less than 3 years old.[29]
14.
On October 24,
2006, JC’s mother dropped him off at Ms. Bolte’s home at approximately 7:15
a.m.[30] He
appeared well and in good health, but had had a runny nose for a couple of
days.[31]
15.
Because JC was
asleep when he arrived, Ms. Bolte placing JC on his back in the bassinet and
continued with her normal daily routine with the other children.[32]
16.
SIDS training
recommends that infants be placed on their backs for sleeping.[33] DHS
policy is to insist on a physician’s statement before permitting placement of
infants in any position other than on their back.[34]
17.
While the
other children were watching television cartoons in the dining room, Ms. Bolte
was in the kitchen preparing a snack for them. She heard JC cry at
approximately 8:15 a.m. so she retrieved him from the bassinet and fed him a
bottle while she held him as she was sitting in a rocking chair. JC spit up,
which was unusual. Ms. Bolte got a baby
wipe, cleaned him up and put him in a baby chair.[35]
18.
Ms. Bolte then
put in a compact disc for the children’s usual “music time” in the dining room.
Other children wanted to watch Barney on TV and were ready for snack time. JC
was “fussy,” so Ms. Bolte fed him from another bottle of formula, and he spit
up again.[36]
19.
JC fell asleep
again after being fed between 9:45 a.m. and 10:00 a.m. and Ms. Bolte put him
into the bassinet, but because JC had spit up, she laid him on his side so he
would not choke if he spit up again.[37]
20.
The locking
gate for the door going into the bedroom where JC was sleeping was not up.[38]
21.
The Bolte home
is small.[39]
From the furthest reaches of the kitchen to the location of the bassinet in the
bedroom was at most 35 feet.[40] The
kitchen, dining room and living room are all within hearing of the bedroom
where JC was sleeping.[41] The
kitchen and living room are not within sight of the bassinet in the bedroom.[42] Most of
the dining room is within sight of the bassinet in the bedroom, with the
exception of the spot where one stands to change diapers at the changing table.[43]
22.
After putting
JC down to sleep, Ms. Bolte changed the diapers on two other children, ate
snacks with the other children in front of the TV in the dining room around
10:00 a.m. and checked in on JC at least once before eventually stepping into
the living room and sitting at the computer to do some paperwork.[44]
23.
Ms. Bolte
heard nothing she considered unusual and heard no crying while she was in the
living room.[45]
24.
JC, TCB, GW
and JW were within hearing but out of Ms. Bolte’s sight for less than 13
minutes.[46]
25.
Upon returning
to the bedroom, Ms. Bolte found JC in the bassinet in the same position on his
side, still covered from the waist down, with blood on the mattress sheet from
his nose and/or mouth and not breathing.[47]
26.
While trying
to find a pulse, Ms. Bolte immediately called 911 at 10:13 a.m.[48]
27.
Emergency
medical technicians (EMTs) Galen McCarthy and Larry Olsen arrived at the home
at 10:15 a.m., took JC from Ms. Bolte’s arms and found JC without a heartbeat
and not breathing.[49] JC had
no physical signs of trauma.[50] The
EMT’s performed CPR on JC immediately upon arrival.[51]
28.
The EMT’s left
the home at 10:19 a.m. and transported JC to the
29.
JC’s heartbeat
was restored at the
30.
Later in the
morning of the 24th, Ms. Bolte called the police after TCB told her
that JW had tipped over the bassinet and he, TCB, had put JC back into the
bassinet.[55]
31.
Jackson County
Deputy Kelly Mitchell, trained in interviewing small children, received
permission from TCB’s mother and interviewed TCB in the bedroom of the
childcare home, at 2:03 p.m. on October 24, 2006. The interview was recorded.[56] Among other statements, TCB denied playing in
the bedroom or jumping on the bed. He then said he was “Watching TV and I got
up” and that “JW tipped him over” and “I saw blood” “Blood everywhere.” When
asked who was in the bedroom, he said, “GW wasn’t on the bed.” “The baby fell
over and I picked him up in the crib.” “He tipped over on the tractor.” “Blood
on his forehead.” “I was really careful like this.” “He didn’t fall down.” Then
TCB demonstrated for Deputy Mitchell by lifting up a doll and dropping, but not
throwing, it into the bassinet about an inch or two. Then TCB said that JC
“fell on this car and there was blood” pointing to the multicolored toy tractor
seen in Exhibits 1, 2, and 7.[57]
32.
There was no
physical evidence that the bassinet had been tipped over.[58] There
was no blood on JC’s forehead or anywhere on any objects, including the tractor
or the carpet, except on the bassinet sheet and mattress.[59]
33.
TCB’s mother
did not believe that TCB, weighing 41 lbs., was capable of lifting JC, weighing
12 lbs., up above his shoulders and placing him into the bassinet. TCB has
trouble handling a doll, and to the best of his mother’s knowledge had never
held a baby, even though he has seen his older sister do so.[60]
34.
Extraordinary
measures continued for JC at Avera McKennan for two more days, but he died on
October 26, 2006.[61]
35.
When JC was
cared for and examined at Avera McKennan, there was no evidence found of inborn
error of metabolism, viruses, bacteria, gross trauma, shaken baby syndrome, or
historical signs of abuse.[62] JC’s
differential diagnosis at Avera McKennan was “sepsis, near sudden infant death
syndrome, inborn error of metabolism, and seizure disorder.”[63] JC’s
death was diagnosed as a SIDS death by exclusion, although an inborn error of
metabolism and suffocation were both possibilities.[64]
36.
Dr. Bradley
Randall conducted JC’s autopsy on October 27, 2006. Dr. Randall determined that
JC’s bloody nose itself did not contribute to his death. Dr Randall was unable
to determine the cause of death because the autopsy only showed changes
associated with a heart stopping and breathing stopping. There was no evidence
of natural or traumatic disease.[65] “No
significant underlying natural disease was seen to explain the initial cardiac
arrest and subsequent death. The absence of significant pathologic changes
sufficient to represent a cause of death represents a component of the
diagnostic criteria for the sudden infant death syndrome (SIDS).”[66] None of
the actual physical evidence was inconsistent with a SIDS death.[67]
37.
Infant SIDS
deaths can occur at any time, even when the child is being held by a parent.[68]
38.
The bassinet
was removed from the home into a storage shed on October 25, 2006, and
inspected by Krystal Preuss on November 1, 2006.[69]
39.
JC’s mother
was happy with the care he received from Ms. Bolte.[70]
40.
The mother of
41.
The mother of
GW and WW hopes to continue to use Ms. Bolte as her children’s’ care provider
in the future.[72]
42.
On October 24,
2006, Roslyn Luers, Licensed Social Worker for Jackson County Department of
Human Services, opened a file after the agency received a report that a child
had been removed from a day care in an emergency situation.[73]
43.
On October 25,
2006, Ms. Luers went to Ms. Bolte’s home, met with her about the incident, and
examined the entire home.[74]
44.
After
returning from her visit with Ms. Bolte, Ms. Luers consulted with different
social workers, including: Krystal Preuss; the team leader; the head director;
a supervisor; and individuals at the Department of Human Services (“DHS”). By
the end of the day on the 25th, the County made a preliminary maltreatment
determination of neglect based on lack of supervision and a recommendation to
DHS that a temporary immediate suspension be issued while the investigation
continued.[75]
45.
The reasons
for the decision were “because a lot of things were unclear,” possible law
enforcement report that the baby tipped out, possible lack of supervision
during JC’s sleeping time, whether the sleeping arrangement was allowable and
documented, and whether Ms. Bolte was following SIDS training.[76]
46.
Jackson County
recommended that the Department issue an order of immediate suspension,
pursuant to Minn. Stat. § 245A.07, suspending Ms. Bolte’s license to provide
day care pending a full investigation and decision on what, if any, final
sanctions should be imposed on Ms. Bolte’s child care license.[77]
47.
The Department
issued an order of temporary immediate suspension on October 26, 2006, and it
was served on Ms. Bolte that same day.[78]
48.
Ms. Bolte
filed a timely appeal from the order of temporary immediate suspension and
requested an appeal hearing pursuant to Minn. Stat. § 245A.07, subd. 2a.[79]
49.
On October 30,
2006, Jerry Kerber, Director, Division of Licensing, Minnesota Department of
Human Services, executed a Notice of and Order for Hearing scheduling a
contested case hearing on November 28, 2006.[80]
50.
On November
13, 2006, the Administrative Law Judge issued a Protective Order, which was
served upon the parties by mail on November 14, 2006.
51.
On November
15, 2006,
52.
On November
21, 2006, by letter to the Administrative Law Judge, Ms. Bolte requested a
continuance and waived all applicable time requirements for a prompt hearing.[82]
53.
On November
21, 2006, the parties, by telephone conference with the undersigned Administrative
Law Judge, agreed to conduct the hearing on December 8, 2006.
Based on these Findings of Fact, the
Administrative Law Judge makes the following:
1.
The
Commissioner of Human Services and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50 and 245A.07, subds
2 and 2a.
2.
The Department
of Human Services gave proper and timely notice of the hearing in this matter.
3.
The Department
has complied with all relevant substantive and procedural requirements of law
and rule.
4.
Pursuant to
Minn. Stat. § 245A.07, subd. 2., in order to sustain a temporary immediate
suspension, the Department must show that reasonable cause exists to believe
that Ms. Bolte’s failure to comply with applicable law or rule poses a current
imminent risk of harm to the health, safety, or rights of persons served by Ms.
Bolte.
5.
“Imminent
danger” means a child or vulnerable adult is threatened with immediate and
present abuse or neglect that is life threatening or likely to result in abandonment,
sexual abuse, or serious physical injury.”[83]
6.
Neglect of a
child constitutes maltreatment.[84] Neglect
is defined to mean:
failure to provide for necessary
supervision or child care arrangements appropriate for a child after
considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another
child in their care;[85]
7.
“Supervision”
is defined as:
"a caregiver being within sight or
hearing of an infant, toddler, or preschooler at all times so that the
caregiver is capable of intervening to protect the health and safety of the
child. For the school age child, it means a caregiver being available for assistance
and care so that the child's health and safety is protected.”[86]
8.
At the time it
issued the temporary immediate suspension order, the Department determined that
it had reasonable cause to believe that Ms. Bolte failed:
a.
to have an
approved crib for infant JC when he was sleeping; and
b.
to adequately
supervise JC, TCB, JW, and GW by keeping them within her sight or hearing but
by being in the living room where it would be unlikely that she would be
capable of rapidly intervening to protect the health and safety of JC, TCB, JW
and GW;[87] and
c.
to place JC on
his back in the bassinet, in contradiction of the recommendations presented in
the Sudden Infant Death Syndrome (SIDS) training she had received.
9.
Minnesota
Rules part 9502.0425, Subp. 9 provides:
Infant and newborn sleeping
space. There must be a
safe, comfortable sleeping space for each infant and newborn. A crib, portable
crib, or playpen with waterproof mattress or pad must be provided for each
infant or newborn in care. The equipment must be of safe and sturdy
construction that conforms to volume 16, parts 1508 to 1508.7 and parts 1509 to
1509.9 of the Code of Federal Regulations, its successor, or have a bar or rail pattern such that a 2-3/8 inch diameter sphere
cannot pass through. Playpens with mesh sidings must not be used for the
care or sleeping of infants or newborns. (emphasis added).
10.
The Department
had reasonable cause to believe that Ms. Bolte’s bassinet failed to meet the
requirement for acceptable sleeping space. It neither met the federal requirements
nor had a bar or rail pattern.
11.
When sitting
at the living room computer, Ms. Bolte violated the supervision requirement of
Minn. Rule 9502.0315, Subp. 29a.
because she was in a location where it would be unlikely that she would be
capable hearing activities in the bedroom over the sound of the television, her
attention was on the computer, and other children were between her and the
bedroom where JC was sleeping. The Department had reasonable cause to believe
that Ms. Bolte failed to provide adequate supervision.
12.
Minn. Stat. §
245A.144 requires license holders such as Ms. Bolte to ensure that persons
assisting in the care of infants receive training on reducing the risk of
Sudden Infant Death Syndrome. Ms. Bolte received the required training.[88] Although
she followed its recommendations on October 24, 2006, when she put JC into the
bassinet the first time, she failed to follow the recommendations the second
time when she placed him on his side so he wouldn’t choke.[89]
13.
Minn. Rules,
part 9502.0415, subp. 1(B) requires that daycare activities provide for the
physical, intellectual, emotional and social development of the child. The
environment must facilitate the implementation of the activities. Activities
must be appropriate to the developmental stage and age of the child.
14.
The Department
failed to show that Minn. Rules part 9502.0415, subp. 1(B) can be reasonably
interpreted to require childcare providers to strictly follow SIDS sleeping
recommendations. The Department has not cited, nor has the Administrative Law
Judge located, any other rule that would require compliance with the SIDS
recommendations as a condition of licensure.
15.
The Department
failed to show that it had reasonable cause to believe that Ms. Bolte violated
any rule when she placed JC in the bassinet on his side.
16.
TCB’s
statements about the other child tipping over the bassinet with JC in it, there
being “blood everywhere” and on the toy tractor, and his putting JC back into
an upright bassinet is inherently improbable and not credible.[90]
17.
At
the time of the hearing Ms. Bolte: understood the SIDS infant sleeping
recommendations, had agreed to be retrained on SIDS, had agreed to improve
supervision by agreeing to use a baby monitor and keep the gate up between the
dining room and bedroom when infants are sleeping in the bedroom, and had
agreed to use only approved cribs.[91]
Neither DHS nor the county presented evidence that Ms. Bolte presented a
current, imminent risk of harm to children at the time of the hearing.
18.
At the
hearing, Ms. Preuss concurred that Ms. Bolte demonstrated that she is willing
to take all necessary measures to prevent any future similar situations.[92] Ms.
Bolte agreed to: only work 12 hours in any 24 hour period; utilize a 2nd
adult helper if over 6 children were in her care; retake the SIDS training; use
a baby monitor; have no rule violations; be granted no variances; use a gate
between the sleeping area and the play area; and move the toys from the
sleeping room to the play room (dining room).[93]
19.
The Department
has failed to demonstrate at the time of the hearing that reasonable cause now
exists to continue the immediate suspension of Ms. Bolte’s day care license.
20.
These
Conclusions are reached for the reasons set forth in the Memorandum below,
which is hereby incorporated by reference into these Conclusions.
21.
The
Administrative Law Judge adopts as Conclusions any Findings that are more
appropriately described as Conclusions, and as Findings any Conclusions that
are more appropriately described as Findings.
Based upon these Conclusions, and for the reasons explained in the accompanying Memorandum, the Administrative Law Judge makes the following:
Based upon these Conclusions, the
Administrative Law Judge recommends to the Commissioner of Human Services that:
The
temporary immediate suspension of the family day care license of Ms. Dianne
Bolte be immediately withdrawn and rescinded.
Dated: December 21, 2006
s/M.
Kevin Snell
|
M.
Kevin Snell Administrative
Law Judge |
Reported: Tape recorded (seven (7) tapes); no transcript prepared.
MEMORANDUM
At this stage, the Commissioner of
Human Services is not required to prove that this incident actually occurred.
Instead, the Commissioner must only prove that there is reasonable cause to
believe that the health, safety or rights of persons in the Ms. Bolte’ care are
at imminent risk. This is a modest standard, intended to insure that vulnerable
children are protected until there can be a full hearing and final
determination on the underlying charges.
During an expedited hearing regarding
a temporary immediate suspension, the Commissioner must only present reliable
oral testimony and/or reliable documentary evidence in support of a finding of
reasonable cause. The statute governing family day care does not specifically
define what is meant by reasonable cause to suspend a license. The Department
is entitled to rely on hearsay evidence linking the license holder (or a person
present during the hours that children are in care) to an act that puts
children at risk of imminent harm. The term “imminent harm” also is not defined
in the statute or day care rules, but other rules adopted by the Commissioner
define the term “imminent danger” to encompass situations in which a child is
threatened with immediate and present abuse or neglect that is life-threatening
or likely to result in abandonment, sexual abuse, or serious physical injury.
Although this definition is not binding, it is instructive.
The
Administrative Law Judge, at this stage of the process, is not required to
assess the relative credibility of conflicting testimony, but rather is to
determine whether there is enough evidence to maintain the suspension. However,
where the Licensee submits evidence that makes the alleged violation
“inherently improbable” or “seemingly impossible under the circumstances,”
evidence offered by the Licensee will overcome a probable cause determination.[94]
All parties agree that any SIDS death is a tragedy. The Legislature recognized that SIDS deaths can be reduced (but not totally avoided) if persons caring for infants receive appropriate training. It therefore required that all persons in licensed facilities who are caring for infants must receive appropriate training. Ms. Bolte had the required training. She followed the training by putting JC on his back the first time she put him down to sleep on October 24, 2006. Although JC was extremely young to be rolling over, and favorite sleeping positions such as JC’s usually occur after infants get older, there is no reason to doubt his mother.[95]
The
Department claims that by not placing JC in the recommended sleeping position
Ms. Bolte violated a rule that requires age-appropriate activities at the
licensed facility. The Administrative Law Judge does not believe that either
the plain wording or any reasonable interpretation of that rule covers the
actions that occurred in this case. If there is a need to enforce a requirement
that babies be placed on their backs unless the provider has documentation from
a physician, then there needs to be a specific rule that imposes that
requirement, so that the Department has a necessary tool and licensors and
licensees have adequate notice of enforcement expectations.[96]
Ms.
Bolte argued that, because Ms. Preuss was in the home and in the bedroom on October
16, 2006, and said nothing about the bassinet, she should not be cited for the
infant sleeping situation violation. It is unlikely that Ms. Bolte would be
able to show that the elements of estoppel existed.[97]
Even when the evidence offered by the Commissioner
is reviewed in light of the modest “reasonable cause” standard of proof, it is
not adequate to establish reasonable cause to continue the temporary immediate
suspension. The original suspension was issued when the cause of JC’s death was
unknown, based upon TCB's statements, there was reason to believe Ms. Bolte
failed to provide adequate supervision, all thereby posing a continuing risk of
harm and requiring an immediate temporary suspension of the child care license.
However, at the time of the hearing, the Department failed to show that Ms. Bolte presented any such risk. It was determined that JC’s death was attributable to SIDS, TCB's statements that JC and the bassinet tipped over were determined to be not credible, and Ms Bolte had agreed to the necessary conditions to assure the safety of the children in her care. Thus, at the time of the hearing there was no reasonable cause to believe that Ms. Bolte presented an imminent risk of harm to the health, safety, or rights of the children served by her.
M.K.S.
[1] Testimony of Dianne Bolte.
[2]
[3]
[4]
[5] Testimony of Dianne Bolte.
[6]
[7] Exhibits 1-5, testimony of Roslyn Luers and Mary Kelsey
[8] Testimony of Dianne Bolte and Krystal Preuss.
[9]
[10] Testimony of Dianne Bolte.
[11]
[12] Exhibit 21.
[13] Testimony of Dianne Bolte.
[14]
[15] Testimony of Dr. Bradley Randall.
[16] Testimony of Dianne Bolte.
[17] Testimony of Dianne Bolte and Krystal Preuss.
[18]
[19]
[20] Testimony of Krystal Preuss.
[21] Testimony of Dianne Bolte and Krystal Preuss.
[22]
[23]
[24] Testimony of Dianne Bolte.
[25] Testimony of TCB’s and NB’s mother.
[26]
[27] Testimony of GW’s mother.
[28] Exhibit A to the Notice and Order for Hearing.
[29]
[30] Testimony of JC’s mother and Dianne Bolte.
[31]
[32] Testimony of Dianne Bolte.
[33]
[34] Testimony of Mary Kelsey.
[35]
[36]
[37]
[38]
[39]
Ex. 24 and testimony of:
[40] Testimony of Jackson Chief of Police Andre Schofield.
[41] Testimony of: Jackson Chief of Police Andre Schofield, Roslyn Luers and Dianne Bolte.
[42] Ex. 24.
[43]
[44] Testimony of Dianne Bolte, Ex. 18.
[45]
[46]
[47] Testimony of Dianne Bolte.
[48]
[49]
[50] Testimony of Galen McCarthy, Ex. 20.
[51]
[52]
[53] Testimony of Dr. Ronald Kline.
[54] Ex. A to the Notice and Order for Hearing.
[55] Testimony of Chief Andre Schofield and Dianne Bolte.
[56] Ex. 19 and testimony of Deputy Kelly Mitchell and TCB’s mother.
[57] Ex. 19.
[58] Testimony of Chief Andre Schofield, Deputy Kelly Mitchell and Dianne Bolte.
[59]
[60]
[61] Exs. 21 and 22.
[62] Testimony of Dr. Robert Johnson.
[63] Ex. 22, at page 4 of 4 of Dr. Johnson’s October 25, 2006, report at 1330 hours, and Dr. Sanchez report of October 24, 2006.
[64]
[65] Testimony of Dr. Bradley Randall.
[66] Ex. 21, page 1.
[67] Testimony of Dr. Bradley Randall.
[68]
[69] Testimony of Dianne Bolte and Krystal Preuss.
[70] Testimony of JC’s mother.
[71]
Testimony of the mother of
[72] Testimony of the mother of GW and WW.
[73] Testimony of Roslyn Luers.
[74]
[75] Testimony of Roslyn Luers and Krystal Preuss.
[76]
[77]
[78] Ex. A to the Notice and Order for Hearing.
[79] Notice and Order for Hearing.
[80]
[81] Testimony of Krystal Preuss.
[82] November 21, 2006, letter signed by Mr. Kircher, Ms. Bolte (also signed by Assistant County Attorney Haley, noting lack of objection to the continuance).
[83] Minn. Rule pt. 9543.1010, subp. 8
[84]
[85]
[86]
[87]
Minn. Rule 9502.0365, subp. 5, and as defined in
[88] Finding of Fact 2.
[89] Finding of Fact 19.
[90] Findings of Fact 5, 23, 25, 32, and 35-37, and also see, State v. Florence, 306 Minn. 442, 239 N.W.2d 892, 902 (1976).
[91] Testimony of Ms. Preuss that Ms. Bolte agreed to the 10 conditions proposed by the County to DHS.
[92]
[93] Testimony of Ms. Preuss that Ms. Bolte agreed to the 10 conditions proposed by the County to DHS and Findings of Fact 2, 12, 38-41, and 51.There were two conditions not specified by Ms. Preuss in her testimony.
[94]
Id. 239 N.W. 2d
at 903 & n. 24; see also In Re the
Temporary Immediate Suspension of the License of Darcy Sime to Provide Family
Child Care, OAH Docket No. 58-1800-14955-2 (2002), at 7-8.
[95] Testimony of Dr. Bradley Randall.
[96] In the Matter of the Revocation of the License of Jennie Musty to Provide Family Child Care, OAH Docket No. 6-1800-15386-2 (2003).
[97] See, Ridgewood Dev't and
In re Westling Manufacturing, 442 N.W. 2d 328, 332 (Minn. App. 1989) and
also Brown v. Dept of Public Welfare,
368 N.W.2d 906 (