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Day care hearings under way

By MARGA LINCOLN - Independent Record - 02/09/08

IR photo by Marga Lincoln - A group of day-care parents protested outside the hearing building Friday. They were denied access to the closed hearing.

An all-day licensure hearing Thursday for K.I.D.S. day care, which had its license suspended last month, was continued until Feb. 15. The hearing will likely be continued to yet a third day.

Outside the hearing building, a group of day care parents, carrying signs “please re-open our daycare” protested being denied entry to the closed hearing.

Kelly’s Independent Day Care Service — known as K.I.D.S. — was closed by state officials Jan. 11 and had its license suspended following a complaint of alleged abuse or neglect.

The Department of Health and Human Services alleges that a 4-year-old boy was duct taped to the floor as punishment. It also alleges that a second child was also duct taped, and that children were punished by either placing them in high chairs or forcing them to stand in corners.

Day care owner Vicki Kelly denied these allegations during a January IR interview, saying she was requesting an immediate hearing and wanted to re-open her day care.

In January more than 30 day care parents signed a letter supporting Kelly and delivered it to the governor’s Citizen Advocate Office, as well as the governor and the director of DPHHS.

Many of them were expected to testify in support of Kelly at the licensure hearing.

They’re also helping to organize fundraisers for Kelly to help pay her legal fees. She has retained attorney Dave Gallik to represent her.

Kelly has also been sued by Amie Moran and Doug Baertsch, the parents of the child whose wrist was allegedly duct taped to the floor.

And Kelly faces a separate hearing by Child and Protective Services on the alleged child abuse and neglect charge.

Thursday’s hearing officer, Mary Rose Heller, has 90 days to make a decision following the final submission of briefs, according to Jon Ebelt, DPHHS public information officer.

Either party in the licensure hearing can appeal the decision to DPHHS Director Joan Miles or an individual she appoints, Ebelt said. They can also appeal to district court.

The department had no comment to make on Thursday’s hearing.

Reporter Marga Lincoln: 447-4074 or marga.lincoln@helenair.com

Current rating: 2.1 with 19 ratings.

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Reader Comments:

LOSELOSE wrote on Feb 14, 2008 3:00 PM:

" "helenairreader" it seems to me that the "bit" that you know about this daycare is only the "bits" that you "want" to beleive. I am confident that the truth will prevail in this and justice will be served. Maybe "whocares" is speaking out in regards to personal experience or from something told to them in confidence. I find it interesting that you want sources. I did not note you wanting sources referenced from "toopark". Toopark makes many accusatons and as I stated before, I do not note anywhere in IR articles that particular information ever released. Beleiving what we want to beleive and ignoring everything else is exactly why we have daycares in our country that are currently operating and doing things like duct tapping children to floors. Because we choose to turn our heads and close our minds. We tend to only listen to one side...our side and anything else is closed off. Pictures are great because they capture the moment. And in this case, that moment in time is not a pleasurable memory. How can we close our minds to that?? "

helenairreader wrote on Feb 14, 2008 1:25 PM:

" "whocares" I would be interested in knowing how you know the daycare has been warned in the past? I dont think I saw that anywhere in any of the articles and I do happen to know a fair bit about this daycare. Please reference your source? "

Whocares wrote on Feb 13, 2008 1:32 PM:

" "What's wrong with you people?" You are joking right??? Stop sugar coating the truth. The parents are supporting the daycare because it's conveinient and because their children have learned "values and diversity." If you beat a dog into submission it will behave now, but will turn on you later. What long term effects will come from the high chair restraints, the witholding food, and what ever else went on there. That was done by more than just one employee.Ms.Kelly herself had been warned in the past. Explain away the duct tape thing all you want the fact is there were more factors than that incident behind shutting down the daycare. As far as Ms.Kelly, she should know what is going on in her business or have a supervisor on shift at all times. "

Whocares wrote on Feb 13, 2008 1:02 PM:

" There is a HUGE difference between a four year old and a fourteen year old. That was the teachers first warning about inappropriate conduct and was recomended counseling by board members. Unlike the daycare who have recieved warnings about innappropriate behavior in the past and has chosen to ignore such warnings. The board members have put themselves on the line by letting this teacher to continue teaching. I would hope if the teacher continued such behavior that her and her immediate supervisor would be shut down as well. "

loselose wrote on Feb 13, 2008 11:14 AM:

" Toopark???I do not know where you get your information. Perhaps an insider???But the information you refer to in your last insert is nowhere to be found in what has been released to the public. I refer to you insinuating that the employee that took the picture left the daycre before the picture was released. Hmmm...I could not find that specific information anywhere in the IR articles. Ever hear the saying...rumors grow as they get passed around. The FACTS in this case, I beleive are probably not being disclosed other than in the court hearings. Or should I say the facts as each person personally beleives. All that is being released to the press is purely hear say by the provider and the parents. You are hearing nothing from the minor that reported the incident because she IS a minor. You are hearing nothing from the parents, as they are being protected as well. Therefore, it is a completely one sided story at this point!!! The lawyers are not allowed to comment either. Need I say more?! "

loselose wrote on Feb 13, 2008 11:04 AM:

" Some of us readers "DO" know the facts!! Some of us HAVE seen the picture and know it is of a SLEEPING child, which really makes no difference in this case. Abuse is clear! A picture speaks a thousand words! It WAS NOT an immature teenager trying to retaliate. It took a very brave and courageous teenager to step forward, knowing that she would be ridiculed and called a liar. This is exactly why the every day citizens do not come forward when injustice is witnessed. How sad is that?! Seems to me parents at this daycare seem more concerned with where they will put their children than they are with "could this actually have happened?". No one wants to beleive that this kind of abuse or "jokes" could be taking place at their daycare. We would all like to beleive that our children are being loved and well taken care of. The fact is...this IS NOT ALWAYS THE CASE. The young teenage should be commended for her coming forward with this. I am sure the parents of this child are eternally grateful! I know that as a parent of small children, muyself, I would not find the humor in this so called joke. What I would personally find would be, lets see...the word that comes to mind...ABUSE!!!! "

helenairreader wrote on Feb 13, 2008 7:57 AM:

" So why is this teacher and her principal not being fired for this incident? http://www.local6.com/news/15287294/detail.html Perhaps DPHHS could learn a few things from this school board. "

topark wrote on Feb 12, 2008 10:46 AM:

" What is wrong with you people? Read what is written and quit overreacting The employee who supposedly blew the whistle wasn't fired because she sent a picture to the state. She left the day care before the picture was sent to the state. So there was no retaliation by the day care. The parents who are supporting the day care aren't doing it because their children weren't involved in the incident. They're doing it because they believe in the day care and the owner. They are not condoning what happened but understand it was an isolated incident. These parents wouldn't support the day care if it was abusive and harming children.Once again it was an isolated incident. These are not selfish people who only care about their children. Give these people some credit. What makes you think the day care never admitted it was wrong? Ms. Kelly didn't know about the incident until the state told her about it. She didn't allow it to happen and she didn't cover it up. She never had a chance to deal it with because the state closed down the day care. There are supervisors in the day care but it was an isolated incident that they didn't see. The person who did it is being held accountable. She doesn't work at the day care anymore and the state has filed charges against her. "

binny wrote on Feb 12, 2008 9:23 AM:

" DPHSS is protecting children and families until all the facts are brought out about this day care and a ruling is made. If an employee thought that duct taping a child to the floor was fun, what else might be occuring that is thought to be fun at this daycare facility? Better safe than sorry. "

onlinereader wrote on Feb 11, 2008 4:45 PM:

" I agree that it would be very alarming to see a picture of your child taped to the floor. But there is always a story behind every picture taken. In this case the child was not sleeping (as can be seen in the picture), in fact the child and the former caregiver were playing. Nothing more was meant by it. This employee was in the wrong for thinking that is was ok to play with the children this way. However Vicky Kelly should not be put out of business for this instance. This is an issue that needed to be dealt with by DPHHS but to go to the extreme of closing down the daycare really hurts more families and children then DPHHS is potentially helping. It has not been told that there are mothers from this daycare that have lost their jobs due to the daycare being closed down. I can't imagine that this is the intention of DPHHS. I believe their role is to help and protect families.....not to make a bad situation worse. I feel that DPHHS is doing a large injustice to families, children, and remaining employees of this daycare. "

Amazed in Montana wrote on Feb 11, 2008 2:03 PM:

" The charges were brought by the DHHS. Not the parents. That being said, no mother should have to see a picture of her child duct-taped to the floor by a trusted care-giver. Ever.

And yes, I bet they did fire the employee that blew the whistle.

And those supportive partents? Sure, as long as it isn't their child, right?

"

Whocares wrote on Feb 11, 2008 1:24 PM:

" Who cares who took the picture. The fact that there is a picture of a 4yr old child with Duct tape ON HIS SKIN is appauling. I don't care if it was a joke by a misguided employee. The daycare has never admitted it was wrong, how can they say it won't happen again? The person who did it should be held accountable, as should the persons immediate supervisor (Which happens to be Vicky Kelly). You should ALWAYS have a supervisor on shift if you make it a habit to employ people who think it's funny to tape kids to floors with duct tape that just happens to be lying around.
They're little kids who are unable to tell when a joke begins and ends. Next thing you know those kids will be taping there baby sisters and brothers to things because it's funny. Y don't you (topark) google duct tape accidents and see how many deaths occur each year. Still Funny? "

topark wrote on Feb 10, 2008 6:01 PM:

" Amazed in Montana - you should verify your facts before you write in. The employee in question was a 16 year girl who was on the verge of being fired before she decided to quit. The picture she took was not of a sleeping child duct taped to the floor. The picture she took was of a child who while playing around was duct taped - it wasn't punishment, it wasn't mistreatment - it was an immature act of an employee who was playing with the kids and in fun duct taped the child. It's not acceptable nor appropriate behavior but it was not abuse and it was not punishment. There is not a history of abuse at this daycare. It is run by caring people. A single inappropriate act by one employee who is no longer employed at the day care should not taint years of quality care. The case is not open and shut - that's not how things work in this country. I think the parents who are supporting this day care are probably in a much better position than you to judge how they should act and who they should support. They are not naive or misinformed. They are knowledgable about the day care center and the people who work there. They are sincerely questioning how the state has handled this case. They are standing up for someone they believe in. Children are not mistreated at this daycare center, they are not belted into high chairs or locked away in dark rooms or taped to the floor. Those are ridiculous allegations. Before you judge know they facts. Know who brought the charges against the day care and what there motives are. Any situation can be manipulated to make it look like what you want it to look like - that's why we have hearings and trials, so all of the facts can be heard and pieced together. We don't condemn people and ruin their business because one teenage girl makes accusations. "

notinmt wrote on Feb 9, 2008 11:35 PM:

" I have met a women who's child was abused at this daycare so I know that this isn't just some people just listening to what is said in the news or going off of what they read in the paper. "

Amazed in Montana wrote on Feb 9, 2008 1:20 PM:

" This is an item I would expect to hear about on the O'Reilly Factor. The parents protesting this suspension are misguided at best. Montana's Dept. of Health and Human Services was notified of abuse by an employee of the daycare, with a picture of a sleeping child duct taped to the floor as evidence. Open and shut. "

reading wrote on Feb 9, 2008 12:18 PM:

" I'm am glad to see these parents standing up for their provider!!!! Good for them! More people should take a page out of their book and not believe everything they hear (or read) without knowing the facts first! K.I.D.S daycare will re-open and all will be set right! "

oklahoma wrote on Feb 9, 2008 8:26 AM:

" If this is true, these parents are very nieve, and not thinking of there childrens safety and welfare. If it is false then good for them standing up for Kelly.. Innocent until proven guilty.. "