Kelly's Independent Day Care Services has returned to full-time operations after day care owner Vicki Kelly signed two stipulated agreements with the Department of Public Health and Human Services.

Once the agreements were reached, a July hearing by the state to substantiate a charge of child abuse and neglect was vacated.

The charge stemmed from an incident last fall when two day care employees, who said they were joking with two children, taped one of the children's wrists to the floor with duct tape.

Neither employee now works at the day care.

The July hearing by the Department of Public Health and Human Services Child and Family Services Division will be held in a pending status for one year, said Kelly's attorney David Gallik.

If Kelly abides by the stipulated conditions, the charge will be dropped with prejudice, meaning it cannot be refiled, Gallik said.

However, if she fails to complete any part of the agreement, the hearing may be rescheduled at any time, he said.

The conditions include:

• that no additional abuse or neglect investigations occur at K.I.D.S. in the coming year;

• that no adverse actions occur during Kelly's probationary license status;

• that Kelly and her staff participate in training on child discipline as well as take a course on diversity and temperament;

• that Kelly complete management training and revise her staff policies on these topics;

• that Kelly develop and implement a detailed staff orientation process for new employees and maintain staff personnel files, and;

• that Kelly get training on interactions and communications with children.

Following a hearing, a state hearing's officer in April lifted the Jan. 11 emergency suspension of Kelly's day care license.

She is currently operating the day care under a six-month probationary license and expects to file for a regular one-year license in November, she said.

She needs to meet a similar list of stipulations agreed to with DPHHS's Licensure Bureau.

"At this point she is in compliance with the stipulation," said Becky Fleming-Siebenaler, bureau chief of the Licensure Bureau in the Quality Assurance Division.

"She's been in full compliance with everything we asked," she said.

Licensure staff are routinely visiting the day care to check on compliance, Fleming-Siebenaler said.

Kelly is anxious to move on and needs to put this incident behind her, Gallik said.

It's been agreed, he said, that an inadvertent error was made by a young person who no longer works at the day care.

"Vicki's not admitting to any guilt at all," he said.

Kelly needed to end the litigation and sign the agreements so she could get back in business, he said.

During the six months that the day care was closed, Kelly lost more than $70,000 in fees, Gallik said. She is slowly re-building her business. She had 31 children at the time the day care was closed and now has 15.

Kelly is also paying an estimated $20,000 in attorney fees.

Despite the new requirements, Kelly said she's delighted to be back in business.

"Oh, it feels good. Kids just make you feel good," she said. "I've signed up for every class they have to offer. After I go through all this training, I should be the best in the state."

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