Received through a public disclosure request is a copy of the summary suspension letter delivered to Washington State family home child day care provider Laura Clarice Martin:
Notice of Summary Suspension of Child Care License
Rev. 11/11
1
STATE OF WASHINGTON
DEPARTMENT OF EARLY LEARNING
Bellevue Field Office 805 156th Ave NE Bellevue, WA 98007-4514
NOTICE OF SUMMARY SUSPENSION
Hand-Delivered on __________ by ____________
24 November 2011
Laura Martin
3720 78th Ave SE
Mercer Island, WA 98040
Dear Ms. Martin:
The purpose of this Notice of Summary Suspension is to inform you that the Department of Early Learning (DEL) is summarily suspending your child care license. DEL is summarily suspending your license because you do not meet DEL’s licensing requirements and the violations require immediate action and remedy.
You are directed to stop providing child care after the receipt of this letter. It is illegal to provide child care without a license. If you continue to provide child care after the receipt of this letter you may be subject to civil and criminal penalties under RCW 43.215.300, RCW 43.215.330 and RCW 43.215.340.
This action is being taken pursuant to the Revised Code of Washington (RCW) Chapter 43.215 and the Washington Administrative Code (WAC) Chapters 170-296 and 170-06. Below I will describe the factual and legal basis for DEL’s decision to summarily suspend your child care license. At the end of this letter you will find important information about how you can file an appeal and request a stay of the summary suspension.
You must immediately cease offering child care services. This summary suspension is in effect until 26 May 2012, or until the department takes further action, whichever comes first.
Factual Basis for the Decision to Summarily Suspend License
These are the facts DEL considered in making its decision to summarily suspend your license:
On 21 November 2011, DEL licensor Anna Marie Thebo visited your home for a routine licensing visit. During that visit, you became very agitated about some of the violations of licensing rules discovered by Ms. Thebo.
On 24 November 2011, it came to the department’s attention that after Ms. Thebo left your premises you engaged in an altercation with your paramour, attacked him, and were arrested by Mercer Island Police. I checked the King County Jail registry and discovered that you had been booked into jail on 21 November 2011 for three charges:
1. Assualt/DV/Inv
2. Assault/DV
3. Malicious Mischief/DV
Notice of Summary Suspension of Child Care License
Rev. 11/11
2
A review of news stories revealed that, following Ms. Thebo’s visit, you became agitated and contacted you paramour. According to a story in the media, events then unfolded as follows:
Your paramour arrived at your home and determined that you had been drinking and were inebriated. He attempted to get you to lie down and rest. You then allegedly asked him to contact parents of the children in care and have their parents pick them up. When he resisted, you “went crazy” and attacked him with a kitchen knife, cutting him on the cheek. You also allegedly attacked his car while attempting to prevent him from leaving, breaking the antenna and a mirror. Mercer Island police arrived to find you “intoxicated and agitated”.
You admitted to law enforcement that you had assaulted him and told them to “just arrest me”. You were arrested and booked into King County Jail.
Legal Basis for the Decision to Summarily Suspend
DEL may immediately and summarily suspend a license if it finds that conditions in the licensed facility constitute an imminent danger to a child or children in care; or if the public health, safety, or welfare requires emergency action. See RCW 43.215.305 (2)(b) and WAC 170-03-0300(1). Based on the facts described above, DEL finds that the conditions in your child care facility constitute an imminent danger to a child or children in care; and/or the public health, safety, and welfare requires emergency action. DEL also finds that immediate action is imperative.
Under RCW 43.215.300 (1) DEL also has the authority to suspend a provider’s license when the provider fails or refuses to comply with the provisions of chapter 43.215 RCW or the requirements that are adopted pursuant to chapter 43.215 RCW. DEL may also suspend a provider’s license if the conditions required for the issuance of a license under chapter 43.215 RCW have ceased to exist with respect to such license. See RCW 43.215.300 (1).
Specifically, the facts described above violate DEL’s licensing requirement(s) contained in WAC 170-06-0120(2). This WAC lists crimes that have been determined to disqualify a person from holding a child care license or working in licensed child care. Assault/DV is a permanently disqualifying crime on that list, and Malicious Mischief is a five-year disqualification.
WAC 170-06-0050(1)(a) states that pending charges are given the same weight as convictions.
WAC 170-296-0450(1) states that “When you demonstrate that you cannot provide the required care for children in a way that promotes their safety, health and well-being we must deny, suspend or revoke your license. (emphasis added)
Your behavior on 21 November 2011, which led to your arrest by the Mercer Island Police Department for being intoxicated and violently assaultive while child care children were present, placed the children entrusted to your care at risk. Suspension of your license is required by WAC 170-296-0450.
Based on the facts described in this letter and the legal authority cited in this Notice, DEL is summarily suspending your license.
Also, please be aware that pending charges or convictions for Assault/DV and Malicious Mischief are both disqualifying crimes and DEL will be examining the record for possible disqualification and revocation of your child care license.
Suspension Appeal Rights
You may contest DEL’s decision to suspend your license and the effective date of the summary suspension. If you wish to contest DEL’s decision to suspend your license, you have the right to an administrative hearing under chapter 43.215 RCW, chapter 170-03 WAC, and WAC 170-03-0030 through WAC 170-03-0090. To request a hearing, you must complete the following steps within 28 calendar days of when you or your agent received this Notice:
Your request must be in writing;
Your written request must state the basis for contesting DEL’s decision;
Your written request must include a copy of this Notice of Summary Suspension;
Notice of Summary Suspension of Child Care License
Rev. 11/11
3
You must file your written request with the Office of Administrative Hearings in some manner that ensures proof of receipt;
You must serve your written request on DEL in some manner that ensures proof of receipt;
Your written request must be received by the Office of Administrative Hearings and DEL within 28 calendar days of when you or your agent receive this Notice; and
Your written request must be sent to the following addresses:
(1) Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488
and
(2) Bellevue DEL Field Office 805 156th Ave NE Bellevue, WA 98007-4514
If you wish to contest the date the suspension becomes effective, you may do so by requesting a stay of the suspension under WAC 170-03-0300(3). A request for a stay of the suspension means a challenge to the date the suspension becomes effective. You must timely request a hearing to contest the suspension in order to request a stay or seek other relief. A request for a stay may be included with your request to contest the suspension. Notice for a request for a stay must be provided to DEL and the Office of Administrative Hearings (OAH). Your request for a stay of the suspension must include the reasons why you believe OAH should stop DEL’s immediate action, including facts supporting your position. Please remember that if you successfully obtain a stay, your license may still be suspended. A stay relates only to the date that the suspension will be effective.
The complete text of Title 170 WAC (DEL licensing rules), and chapter 43.215 RCW (DEL statutory hearing and licensing rules) cited in this Notice can be found at www.del.wa.gov .
If you have questions regarding this decision, you should call the child care licensor, Anna Marie Thebo at 425-590-3108, or Pat Long at 425-590-3101.
Please note that while the facts outlined above provide a legal basis for this action, DEL may have additional facts not included in this letter that support its position. In addition, if new information about your situation becomes available, DEL may amend its action against you and issue a revised letter to that effect at any time.
Sincerely,
Joel Roalkvam, M.Ed.
Seattle Field Office Supervisor
Department of Early Learning
206-760-2462
cc: Anna Marie Thebo, Child Care Licensor
Pat Long, Bellevue Field Office Supervisor
Elaine Ranson, DEL Assistant Service Area Manager
Nancy Myles, DEL Service Area Manager
Patricia Allen, Assistant Attorney General’s Office
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