Early Education and Care Decisions

The Department of Early Education and Care (EEC) issued an emergency suspension to Respondent, family child care licensee, for the following violations: failing to provide direct supervision of the children in her care; leaving an unapproved and unqualified person who had not had a required background check in charge of the children; failing to inform EEC of a new person in the household; failing to keep the outdoor space free of hazards; and, failing to maintain accurate child care records. Respondent also had a "51B" report issued against her regarding a child in her family child care program. Sufficient evidence is found to justify the imposition of the emergency suspension under G.L. c. 28A, d 102 MCR 1.07(5) based on a bundle of conditions and circumstances that existed around the time period of April 8 - 16, 2008.

EEC's decision to deny the Respondent's request for Discretionary DSS Approval to hold a day care license should be affirmed because EEC believes the Respondent does not have a background free of conduct which bears adversely upon her ability to care for children in view of four recent 51B reports; the failure of the Respondent to reveal her ongoing history with DSS; her failure to disclose an earlier 51B report; and her lack of good judgment.

Revocation of license and emergency suspension hearings combined. There was reasonable cause to believe that an emergency situation existed at the child care facility to support the emergency closing/suspension. Sufficient evidence found to justify a revocation of the child care license held by Ms. Pease due to ongoing regulatory violations and failures to comply with EEC sanctions and orders that jeopardized the children's health and safety. Evidence included a "51B" report issued by the Dept. of Social Services involving Ms. Pease's conduct with the day care children.

Case should be dismissed because the Respondent has moved out of the Commonwealth so her license to provide family day care is no longer valid.

Summary Suspension of the program's license should be upheld because EEC had reasonable cause to believe that the failure of Small World and its licensee to comply with applicable regulations resulted in an emergency situation that endangered the life, health and safety of children in care.

EEC met its burden of proving that it acted legally and appropriately in refusing to issue a group child care license to the Respondent. The Respondent violated several EEC regulations when she provided unlicensed child care at a facility that had not been approved by the local building inspector, she prevented EEC staff from investigating her child care program, she failed to operate the child care center soundly, she failed to comply with child care regulations and violated a sanctions order imposed on her license, and her violent and excessive temperament constituted a disqualifying background.