BEFORE THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT In the Matter of Licensure of KDHE No.10-H-140 Shirley Joyce McClellan Day Care Home 6708 W. 201" Terr. Bucyrus, KS 66013 ‘A Day Care Home Operated by Shirley Joyee McClellan ‘Day Care Home License No. 5492 EMERGENCY ORDER OF SUSPENSION NOW on this_/3 Hey of. Qaaly — 2010 Roderick L. Bremby, Secretary of the Kansas Department of Health and Environment [Secretary], reviews the file of the day care home operated by Shirley Joyce McClellan [Licensee]. ‘THEREUPON, the Secretary finds that: 1. The Kansas Department of Health and Environment [KDHE] issued to Licensee, pursuant to K.S.A. 65-504, a license to operate a day care home effective December 4, 1995. 2. KDHE received information regarding the Johnson County Health Department's, and the Kansas Department of Social and Rehabilitation Services’ [SRS] investigation of a complaint involving the Licensee and a resident of the day care home hitting day care children with a horse riding crop. The Licensce admitted that she used the horse riding crop to discipline a child. The Licensee also reported that she has swatted children with her hand and threatens them with ‘getting a stick as a form of punishment. ‘The Licensee stated, in the presence of investigators, that if any other child were to act out in the same manner, that she would do the same thing. Tt is recommended that the KDHE suspend Licensee's license to allow SRS and the Johnson County ‘McClellan Emergency Order of Suspension Page 1Health Department an opportunity to complete their investigation and to protect the health and safety of the children enrolled at the day care home. 3, K.S.A. 65-524 authorizes the Secretary to suspend a license to operate a day care home prior to a hearing when, in the opinion of the Secretary, said suspension is necessary to protect any child in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety. 4, Due to the facts contained in paragraph two above, the Secretary has determined that immediate suspension of Licensee’s license is necessary to protect children in the Licensee's caro from physical abuse or a substantial threat to their health or safety. 5. Licensee is required, pursuant to K.S.A. 65-506, to notify the parents and guardians of the children in care in writing that your license has been suspended. WHEREUPON, the Secretary hereby suspends Licensee’s license to operate a day care home, effective immediately, thereby prohibiting the Licensee from caring for children. This Emergency Order of Suspension remains in effect until the issuance of an order rescinding this order. RIGHT TO A HEARING ‘The Licensee has a right to request a hearing on the above issues and proposed order in accordance with the provisions of the Kansas Administrative Procedure Act. To obtain a hearing, a request for a hearing must be filed within 15 days of the date this notice is mailed and served, which date is indicated by the Certificate of Service below. Failure to file a timely request will result in a waiver of Licensee's right to a hearing, and this Emergency Order of Suspension will become a Final Order suspending the Licensee's license to operate a day care home. ‘MoClellan Emergency Order of Suspension Page 2If you want to request a hearing, a written request for a hearing must be filed with Tracy T. Diel, Director, Office of Administrative Hearings, 1020 South Kansas Avenue, Topeka, ‘Kansas 66612-1327, telephone number (785) 296-2433. Please indicate a telephone number where you can be contacted during business hours if you request a hearing. ‘This Emergency Order of Suspension is issued pursuant to K.S.A. 77-536 of the Kansas Administrative Procedure Act, IT IS SO ORDERED. Rodetick L. Bremby, Secretary Kansas Department of Health and Environment ‘MeCiellan Emergency Order of Suspension Page 3CERTIFICATE OF SERVICE, Thereby certify that on the 79 ™ day of Quby 2010, a true and correct copy of the above and foregoing Emergency Order of Sypension was placed in the U. S. ‘Mail, postage prepaid, addressed to: Shirley Joyce McClellan 6708 W. 201" Terr Bucyrus, KS 66013 Staff Person ; andonthe____day of 2010, a true and correct facsimile copy of the above and foregoing Emergency Onder of Suspension was hand-delivered to: Shirley Joyce McClellan at: 6708 W. 201% Terr Bucyrus, KS 66013 By SHEE EEE eee Johnson County Health Department ‘MoClellan Emergency Order of Suspension Page 4