Administrative Law Archives
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8-1800-31668 In the Matter of the Revocation of the Family Child Care License of Mindy Blankers
November 26, 2014 -
The Administrative Law Judge concludes that: (1) there was reasonable cause for the Department to believe that Ms. Blankers had violated a rule that is applicable to her daycare facility; (2) Ms. Blankers did not establish that she was in full compliance with the requirements of her family child care license in November of 2013; (3) the Department did not establish that the injuries to the infant in Ms. Blankers’ care were the result of deliberate misconduct, or a cause other than an unfortunate accident; (4) the Department was not correct to conclude that an accidental injury to a child under care amounts to serious maltreatment of a child by physical abuse; (5) Ms. Blankers established that she does not pose a risk of harm to the children served by her daycare; and (6) imposition of a lesser sanction – a conditional license, a suspension, or a fine – but not revocation, is the appropriate regulatory response in this case.
Accordingly, the Administrative Law Judge recommends that the Commissioner reverse both the maltreatment determination and disqualification and modify the Order of Revocation.
Last Modified: 11/26/2014
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