Gail Parker Summary Suspension

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CHILD CARE LICENSING BUREAU

In the matter of

License #:

DF280397407

SIR #:

2021D0715010

Gail Parker

______________________________________/

ORDER OF SUMMARY SUSPENSION

AND NOTICE OF INTENT TO REVOKE LICENSE

The Michigan Department of Licensing and Regulatory Affairs, by Emily Laidlaw,

Division Director, Child Care Licensing Bureau, hereafter referred to as “the Bureau,”

orders the summary suspension and provides notice of the intent to revoke the license

of Licensee, Gail Parker

, to operate

a family child care home pursuant to the authority

of the Child Care Organizations Act, 1973 PA 116, as amended, MCL 722.111 et seq.,

for the following reasons:

1. On or about December 21, 2018, Licensee was issued a license to operate a

family child care home with a licensed capacity of six at 524 Fenton Street,

Kingsley, Michigan 49649.

2. Prior to the issuance of the license , and during subsequent modifications of the

statutes and rules, Licensee received copies of the Child Care Organizations Act,

the licensing rule book for family and group child care homes, and the Child

Protection Law. These rules and statutes are posted and available for download

at www.michigan.gov/lara

3. Between April 20, 2016, and November 8, 2018, Licensee was licensed to

operate a child care family home at 1214 Carl Road, Traverse City, Michigan,

License #DF280382290.

Previous Licensing Violations

4. On July 26, 2019, Licensing Consultant Codie Mayhew conducted an on-site

renewal inspection at Licensee’s home and cited Licensee, in part for failing to

maintain the home in a clean, safe, and comfortable condition, as required by

Rule 400.1932(1). There were numerous food and pet stains on the carpet, rugs,

and furniture throughout the home. There was an unknown liquid spilled on the

wood floor in the dining room causing Ms. Mayhew’s shoes to stick to the floor.

There was spilled and burnt food on top of the oven, and pet food was spilled on

the floor of the kitchen. The inside of the toilet bowl was brown, and the toilet

seat was dirty and needed to be cleaned. The entire home smelled of urine and

rot, especially a child-use bedroom on the main floor.

5. On December 8, 2020, Ms. Mayhew conducted an interim inspection at the home

and cited Licensee, in part, for failing to maintain the home in a clean, safe, and

comfortable condition, as required by Rule 400.1932(1). On December 8, 2020,

there was cat feces on the floor in the laundry room that was accessible to

children. There was food and garbage scattered across the floor in the kitchen,

living room, and child-use bedroom on the main floor of the home. There were

numerous stains on the carpet in the living room. There was a pair of scissors on

the dining room table accessible to children. There was no child gate at the

bottom of the stairs to prevent falls.

6. On December 30, 2020, Ms. Mayhew issued an interim inspection letter

recommending the issuance of a six-month, first provisional license upon receipt

of an acceptable written corrective action plan. On January 5, 2021, Licensee

submitted an acceptable written corrective action plan and agreed to the

issuance of a six-month, first provisional license, effective January 8, 2021.

Current Allegations

7. Licensee is

, and failed to provide appropriate care and supervision of children at all

times. Specifically:

a. On April 27, 2021, Licensing Consultant Pamela Walker, accompanied by

, conducted an on-site investigation at Licensee’s home.

Licensee was caring for Child C (age years) and Child J (age

months). Ms. Walker and informed Licensee that she and

, an adult household member, were identified as persons

associated with a high-risk investigation. At the time of the on-site

investigation, Licensee had 13 children enrolled in the child care and

provided care 24 hours a day, seven days a week. She provided

overnight care to two children.

b. On April 27, 2021, developed a safety plan with Licensee that

indicated that would not provide care for child care children

and would not reside at 524 Fenton Street, Kingsley, during child care

hours until the investigation was complete. Licensee signed the safety

plan.

c. On May 10, 2021, Ms. Walker, accompanied by ,

conducted an

on-site visit at Licensee’s home. Licensee was

caring for one child, Child

During the visit, Ms. Walker observed residing in a

camper in the driveway.

told Ms. Walker that was using the

bathroom in the licensed home even when child care children are present.

At one point during the on-site visit, opened the back door to

the child care home to tell Licensee that was coming

to interview , although did not enter the home.

d. During an interview with Ms. Walker and on May 10, 2021,

Child J’s Mother stated that on three occasions, she observed Child C

alone on the main level of the home while she was dropping off Child J.

She stated that Licensee arrived at the home a short time later after

transporting children to school on all three occasions.

e. During the investigation, Licensee acknowledged to Ms. Walker that on

approximately three occasions, Child C and D’s Mother would drop off

Child C and Child D while she was transporting her to

school. Licensee stated that was upstairs in case there was

an emergency.

f. During the investigation, Licensee admitted to leaving child care children

alone with , a child care staff member. Licensee did not

enroll in the child care background check (CCBC)

system

as providing child care under her license. Licensee would not

have known if was eligible to care for children without

supervision.

9. Licensee did not notify the Bureau within three business days when

moved into the home. Specifically:

a. According to the CCBC database, Licensee connected to her

license as an adult household member on December 4, 2019.

b. On April 27, 2021, told Ms. Walker that has resided in the

home since Licensee moved there. However, was not listed as

a household member on Licensee’s child care supplemental application

submitted to the Bureau on November 8, 2018.

10.

Licensee allowed children to be in areas of the home that were not approved for

child care use.

The up

stairs of Licensee’s home is not approved by the Bureau for

child care use.

11. Licensee failed to maintain the child care home in a clean, safe, and comfortable

condition. Specifically:

a. On April 27, 2021, Ms. Walker, accompanied by , conducted an

on-site investigation at Licensee’s home. At the time of the investigation,

the kitchen counters were heavily cluttered leaving very little space for

food preparation. The dining room table was piled and stacked with

various items, and there was no room for eating or activities.

b. There were items piled on a desk in the dining room and on the floor in

multiple areas of the home.

c. There was a foul odor throughout the home that was consistent with

human or animal feces.

d. On May 10, 2021, during separate interviews with Ms. Walker, Child H

and I’s Father and Child J’s both stated that they had concerns about the

condition of Licensee’s home and had considered removing their children.

Child H and I’s Father described Licensee’s home as “an absolute

hole.” Child J’s Mother stated Child J has come home from Licensee’s

home with socks smelling like cat pee.

COUNT I

The conduct of Licensee, as set forth in paragraphs 7(a) through 7(f) above,

provides grounds for revocation of licensure pursuant to:

COUNT II

The conduct of Adult Household Member , as set forth in paragraphs

8(a) and 8(b) above, provides grounds for revocation of licensure pursuant to:

COUNT V

The conduct of Licensee, as set forth in paragraphs 7(a) through 7(f) above,

evidences a willful and substantial violation of:

R 400.1911

(1) A licensee shall ensure appropriate care and supervision of

children at all times.

COUNT VI

The conduct of Licensee, as set forth in paragraphs 7(f) above, evidences a

willful and substantial violation of:

R 400.1925

(2) An applicant or licensee shall do all of the following:

(d) Establish and activate an account and accurately enroll

each individual listed in subrule (1) in the child care background

check system.

NOTE:

R 400.1925

(1) Pursuant to section 5n of the act, MCL

722.115n, prior to an individual having any

unsupervised contact with children, the

department shall determine the individual’s

eligibility to be any of the following:

(a) A licensee.

(b) An adult member of the household.

(d) A child care staff member.

(e) An unsupervised volunteer.

COUNT VII

The conduct of Licensee, as set forth in paragraphs 9(a) and 9(b) above,

evidences a willful and substantial violation of:

R 400.1903

(1) A licensee shall be responsible for all of the following:

(g) Report to the department within, 3 business days, any

changes in the household composition …

COUNT VIII

The conduct of Licensee, as set forth in paragraphs 11(a) through 11(d) above,

evidences a willful and substantial violation of:

R 400.1932

(1) The structure, premises, and furnishings of a child care

home must be in good repair and maintained in a clean, safe,

and comfortable condition.

COUNT IX

The conduct of Licensee, as set forth in paragraph 10 above, evidences a willful

and substantial violation of:

R 400.1915

(2) Only space that has received prior approval for child use by

the department may be used for child care.

DUE TO THE serious nature of the above violations and the potential risk it

represents to vulnerable children in Licensee's

care, emergency action is required.

Therefore the provision of MCL 24.292 of the Administrative Procedures Act of 1969, as

amended, is invoked. Licensee is hereby notified that the license to operate a family

child care home is summarily suspended.

EFFECTIVE 6:00 p.m., on May 17, 2021, Licensee is ordered not to operate a

family child care home at 524 Fenton Street, Kingsley, Michigan 49649, or at any other

location or address. Licensee is not to receive children for care after that time or date.

Licensee is responsible for informing parents or guardians of children in care that

license has been suspended and that Licensee can no longer provide care.

HOWEVER, BECAUSE THE Department has summarily suspended Licensee's

license, an administrative hearing will be promptly scheduled before an administrative

law judge. Licensee MUST NOTIFY the Department and the Michigan Office of

Administrative Hearings and Rules in writing within seven calendar days after receipt of

this Notice if Licensee wishes to appeal the summary suspension and attend the

administrative hearing. The written request must be submitted via MAIL or FAX to:

Michigan Office of Administrative Hearings and Rules

611 West Ottawa Street, 2

Floor

P.O. Box 30695

Lansing, Michigan 48909-2484

Phone: 517-335-7519

FAX: 517-763-0155

________________________________

MCL 24.272 of the Administrative Procedures Act of 1969 permits the Department to

proceed with the administrative hearing even if Licensee does

not appear.

Licensee

may be represented by an attorney at the administrative hearing.

DATED: May 17, 2021

Emily Laidlaw, Division Director

Child Care Licensing Bureau

This is the last and final page of the ORDER OF SUMMARY SUSPENSION AND NOTICE OF INTENT in

the matter of Gail Parker, DF280397407, consisting of 13 pages, this page included.

JEK

__________________________________________

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CHILD CARE LICENSING BUREAU

In the matter of

License #:

DF280397407

SIR #:

2021D0715010

Gail Parker

______________________________________/

PROOF OF SERVICE

The undersigned certifies that a copy of the Order of Summary Suspension and Notice

of Intent was personally served upon the person below on ___/___/_____ at ____:____

a.m.

p.m.

Gail Parker

524 Fenton St.

Kingsley, MI 49649

Served by:

Child Care Licensing Consultant

Child Care Licensing Bureau