The appeal period has passed for an emergency order of suspension against a Hays daycare, and a final order will be issued soon according to the Kansas Department of Health and Environment (KDHE).

The Michelle M Sarver Day Care Home was closed earlier this month when KDHE issued an emergency order of suspension.  The emergency order was issued on August 9th and as part of that order, the licensee Michelle Sarver was to close her daycare facility.  Lori Steelman, Director of Child Care Licensing Program, told Hays Post that the appeal time for the order has passed.

“Ms. Sarver’s appeal time did run out and we did not receive a request for an appeal. The emergency suspension remains in effect and she is not authorized to be open and is not currently caring for children.”

Steelman said this order will now remain in effect until an additional order is issued by the state.  She says the file is being reviewed and a recommendation for a final order will be made in the near future.  That order will be reviewed at the secretary level and once approved, will be issued to the provider.  There will be an appeal time frame for that order as well (and if needed an appeal hearing).

The current order states that Sarver is not able to care for children in her facility.  Family Health Bureau Director Rachel Berroth told Hays Post what restrictions are in place for her regarding caring for children.

“If the children are related, that’s one thing, but she’s not authorized to care for any unrelated children because of this pending action from the department.  A follow up action would have to be issued to administratively close the file.  When and if that were to happen the only way she would ever be able to care for unrelated kids again, she’d have to go through the application process with the department once again.”

She goes on to state that at this time, the only order that has been issued is an emergency order of suspension of the facility under Sarver’s name.  The wording in the final order will determine what restrictions the state imposes on her once it is issued.

“It depends on the kind of order, the kind of recommendation that we send up for the order.  If there’s not a permanent prohibition against her, then she could work in another facility.”

Once approved and signed by the secretary, the final order will be on the portal, located here.

Below is a copy of the initial emergency order of suspension.