A decision that led to the suspension of the day care license of a Lawrence woman has been overturned by a state administrative hearing officer.

The officer’s decision overturns an investigative ruling from the Department of Social and Rehabilitation Services. SRS had determined that a 13-month-old child had suffered burns in March while attending day care at the home of Deborah Kay Henning, 1502 W. 27th St.

The decision prompted the Kansas Department of Health and Environment to suspend Henning’s day care license, a suspension that remains in place. But the hearing officer, Edward Gaschler, ruled that SRS had failed to show “clear and convincing evidence” to support the agency’s assertion that Henning had neglected the boy under her care.

Gaschler said there were at least three possible scenarios under which the boy – who has issues with skin sensitivity – had been injured:

¢ Contact with bleach that had been spilled in Henning’s kitchen, then cleaned up, before the boy’s arrival at day care.

¢ A reaction to contact with carpets that had been cleaned just a day or two before.

¢ A reaction to wearing clothes that may or may not have been new, and therefore possibly had not been worn by the boy before.

Henning reported noticing redness on the boy’s ankle as she changed his diaper for the first time that day. Later, the marks became more pronounced – on his ankles and legs – and Henning called the boy’s father.

To conclude that Henning neglected the child, Gaschler said, would require accepting that Henning “sat by and did nothing” after some bleach or solvent had been absorbed into the boy’s clothes.

“Ignoring the child who had come in contact with a bleach or solvent would be seriously out of character,” Gaschler said in his ruling, noting that Henning had enjoyed a reputation as a good day care provider, something she had been doing for 20 years.

Later in the ruling, Gaschler said, “This child was seriously injured and in the opinion of the dermatologist, ‘The severity of the condition is 10 on a scale of 1 to 10, with 10 being the worst.’ However, to conclude that the inaction or action of the appellant (Henning) caused these injuries is not supported by clear and convincing evidence.”

Michelle Ponce, a spokeswoman for SRS, said that the agency had no plans to appeal the decision.

“At this point, this is the conclusion of SRS involvement,” Ponce said.

Henning also has appealed KDHE’s decision to suspend her license, but a hearing in that case has not yet been scheduled.

Henning’s home, at 1502 W. 27th St., is listed as being for sale by owner. A call seeking comment from Henning was made to the number listed on the sign; the call was answered by a man who said he would get a message to Henning, but Henning did not return the call.