Deborah Eckland and Chelsea Gauger represented Stephanie Doe in a License Revocation action. Julie Doe's family child care license was placed on a Temporary Immediate Suspension after a parent reported that Ms. Doe was sleeping during naptime. According to the parent, her child was left unattended, and had been left to cry for an extended period of time—causing the child to develop hives. After investigating the report, Washington County determined that Ms. Doe was responsible for maltreatment based on her "failure to provide adequate supervision." Ms. Doe requested reconsideration of the maltreatment finding based on the fact that she was not sleeping, nor had she ever slept, during daycare hours. The County denied Ms. Doe's request, and affirmed its determination of maltreatment. Ms. Doe's family child care license was subsequently revoked based on the finding of maltreatment.
Ms. Doe appealed the revocation. At the hearing, Ms. Doe challenged the finding of maltreatment based on the parent's belief that she was sleeping. Ms. Doe also argued that, even if the maltreatment determination were affirmed, that a license revocation was too severe of a licensing action. Ms. Doe had provided daycare for over two decades. During that time she never received a correction order for any supervision concerns, nor had she ever received anything more serious than an occasional correction order for minor infractions. The Judge agreed that a license revocation was too severe, and recommended that a conditional license be imposed instead. The Commissioner of the Department of Human Services affirmed this recommendation, and Ms. Doe was able to re-open under a conditional license.