Complaint Investigations
A complaint, by definition, is a report of an alleged licensing violation. Whenever our agency receives a report claiming that a licensing violation has occurred at a licensed child care home, Scott County Social Services Child Care Licensing Unit is required to investigate. Although the purpose of the investigation is to determine whether or not the specific alleged violation occurred, the investigation allows us to:
• Respond to concerns presented by members of the public about licensed family child care homes;
• Obtain adequate information to clear programs of false allegations;
• Identify resources and information to support or improve programs; and
• Documenting circumstances and practices of programs failing to provide appropriate care so that corrective action can be pursued.
Complaints come to our agency from a number of sources: parents, neighbors, teachers, child protection, police, other agencies, members of the public. Licensed providers often want to know who complained, but we are prohibited from releasing that information. Providers assuming that the complaint is a parent whose child is in care can feel hurt or angry that the parent reported to us instead of talking to them. We have seen many instances of escalating tensions and accusations between providers and parents -- or providers and neighbors or others -- based on guesses about reporting sources. This is rarely productive, and these guesses are sometimes wrong, damaging relationships over nothing. While it is hard to do, it can be much better practice to focus on the issue at hand.
When we receive complaints, we document the specifics of the alleged licensing violation and start an investigation, gathering additional information that can shed light on whether the violation occurred. This might include interviewing people who could have direct knowledge of the situation or an unannounced visit to the program. The complaint is discussed with the provider. After the investigation, a determination regarding that allegation is made. There are three options for determinations:
1. Licensing violation occurred.
2. Licensing violation did not occur.
3. No determination can be made.
Complaints remain in the license holder’s record. When someone contacts our agency and requests information about complaints on a provider’s record, we release the substance, findings, and resolution of the complaint... in other words, the general nature of the complaint, the determination made regarding the allegation, and any action taken by our agency as a result. Our agency does not have the right to withhold this public data when it is requested. Providers sometimes feel parents will rule out using a program if they hear a complaint was made about the program. In our experience as licensing workers, parents seem to be influenced more by their friends’ and neighbors’ references about a program’s quality or by their own impressions of the provider then they are by elements in a child care file. Correction orders must be posted in a conspicuous place for 2 years even if the provider is requesting reconsideration.
Being involved in a complaint investigation may be uncomfortable, no matter what the circumstances. For all of us, being accused of doing something wrong is stressful. We know this and do what we can to be respectful while doing our jobs. If we can better explain this process to you, please do not hesitate to ask.
Your Privacy Rights
The Minnesota Government Data Practices Act seeks to protect the rights of the citizens on whom government agencies maintain information. It protects the privacy of sensitive documents. It also provides for the release of information that the public has the right to know. As a licensed family child care provider, the information that you are asked to provide this agency and the information gathered during this complaint investigation are affected by this Act.
Statutory authority for licensing day care providers is found in Minnesota Statutes, section 245A., et. seq. Minnesota Rule 9502 specifies the requirements that must be met in order to obtain a family day care license. You are not legally required to provide the information requested, however, failure or refusal of a license holder to cooperate with an investigation could cause the license holder’s license to be temporarily immediately suspended, suspended, or revoked.
The information collected as part of this investigation will be used to determine if your program meets family child care licensing standards, to investigate whether violations of rule or statute have occurred, and to develop statistics and evaluate programs.
The information we collect about you may be shared with employees of this agency or other agencies needing the information to do their jobs and to which statute authorizes that the information be shared or pursuant to a valid court order. This may include appropriate law enforcement personnel who are acting in an investigation, prosecution, criminal or civil proceeding, Employment and Economic Assistance staff and the Minnesota Department of Human Services.
Information collected about you will be classified as public data, private data or confidential data under the Act. Information classified as public data can be released to anyone who asks for it. Regarding complaints, public data includes the existence and status of complaints, and -- once the complaint is resolved -- the substance of the complaint, the findings of the investigation, and any final disciplinary action. Information classified as private data can be released to the subject of the data, to anyone the subject of the data gives consent to see it, or others approved by law. Private data regarding complaints includes data like health information and social history that might have been collected as part of an investigation that is completed and now inactive. Bear in mind that the license holder may not always be the subject of the data. The complainant’s opinions and information are data about the complainant, meaning the complainant is the subject of that data and is the person to whom the data is available. Confidential data can only released to those people or agencies that the law allows, e.g. to law enforcement as part of their investigation, or if court-ordered as part of a hearing. Confidential data regarding complaints includes data collected as part of an active investigation.