10120 Suspensions - K.S.A. 65-523 and K.S.A. 65-524 grant KDHE the right to suspend licenses and temporary permits when regulations are not met or when children in care are at risk.
Notices of Intent to Suspend - Pursuant to K.S.A. 65-523, notices are issued when licensees do not correct violations which could be quickly corrected. Licensees are advised that if the violations are corrected prior to the time the administrative hearing is to be requested, the Notice of Intent to Suspend will be dismissed. Before dismissal, the child care facility surveyor will be requested to check that corrections have been made. A 30-day Notice of Termination of the DCF provider enrollment may be sent by DCF to the provider informing him or her that the Agreement for Purchase of DCF Child Care will end if the violations for KDHE are not corrected within 30 days.
Emergency Adjudicative Suspensions - Pursuant to K.S.A. 65-524, Emergency Adjudicative Suspensions are used primarily when known child abusers or sex offenders remain in the home or when environmental conditions are such that they represent a substantial risk to the children. The child care facility surveyor will be requested to make an immediate check of the facilities whose licenses have been suspended to assure the department that children are not in care.
When this occurs, DCF may terminate the DCF provider enrollment effective on the same date that KDHE determines the emergency suspension is effective. See 7640 and 10260 regarding child care plan termination.
10130 Notices of Intent to Assess a Civil Fine - Notices of Civil Fines may be issued as a result of legislative action in 1988. In 1999 regulations were changed to indicate that facilities may be assessed a civil fine for each violation not to exceed $500 per violation for licensing violations which adversely or significantly affect children. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. Payment of the fine and correction of the violation would allow the facility to remain in operation. Child care facility surveyors may be requested to monitor the facility periodically after payment of the fine to verify that corrections have been made. The DCF provider enrollment may continue until further action from KDHE.