Minnesota
Legal Services Coalition Fact Sheet 3 July 2011
What
Is Maltreatment and How Can It Affect My Job?
How Can a Maltreatment Determination
Affect Me?
Yes, you can
fight a maltreatment determination, but you must appeal before the
determination is final. There are very short deadlines. Make sure you follow the time limits in the
letter you receive from the agency accusing you of maltreatment. It is best to
have a lawyer help you. You can ask the state or county to “rescind,” or “take
back”, the maltreatment determination. If you succeed, you will not be
disqualified from caretaker jobs because of the accusation.
How Do I
Fight a Maltreatment Determination?
Immediately
appeal in writing within 15 days. Send in a written appeal even if you cannot
find a lawyer right away. If you don’t appeal, you might lose your chance to
defend yourself forever. Explain why you did not commit the accused
maltreatment.
For example
·
Was
the abuse or neglect the result of an accident?
·
Were
you using moderate parental discipline?
·
Was someone else responsible for the abuse or
neglect?
·
Was the alleged victim truthful about the
allegation?
·
Are there witnesses to back up your story?
·
If
you work in a childcare center, a non-serious injury to a child may be
considered a “non-maltreatment mistake.”
Write as much detail as possible.
You must also
explain why the maltreatment was not serious or recurring, to prevent it from
disqualifying you from caretaker jobs in the future. For example
·
Did
it happen more than once?
·
Did
an injury occur?
·
If
neglect, was the injury treatable with just minor, over-the-counter or topical
treatment?
You can get a
copy of your child or adult protection file from the county that made the
maltreatment determination to see the evidence against you. You should get the
file right after you find out you have been accused of maltreatment.
What if my Appeal is Denied?
If your
written appeal is denied or you do not get an answer within 15 days, you can
ask for a fair hearing in front of a hearing officer. You can introduce
evidence to defend yourself at that hearing. You can also subpoena witness to
testify at the hearing. A subpoena is an order to come to the hearing. Tell the hearing officer as soon as possible that
you want to subpoena a witness or certain documents. They will send you the
forms for a subpoena. Instructions on how to ask for a fair hearing are
in the maltreatment accusation letter you get from the agency. If you win the
fair hearing, the state or county takes back its maltreatment accusation and
you can continue to work in caretaker jobs.
If you lose the fair hearing, you can
appeal the decision to district court in the county where the maltreatment
determination was made. You must appeal
within 30 days after the decision. If you lose in district court, you can
appeal to the Minnesota Court of Appeals within 60 days after the court
decision.
A maltreatment record prevents you
from working in caretaker jobs for 7 to 10 years. But you can still work in a
caretaker job if
● the maltreatment was not serious or recurring
OR
● if you get a “set-aside”
or a “variance” from the state.
For more information on how to get a
“set-aside” or a “variance” see the Factsheet “DHS Disqualifications” online at
www.LawHelpMN.org.
Is
There Anything Else I Can Do?
If you are sure you never got a
letter about the maltreatment determination, you can get a copy of your child or
adult protection file (from the county where the maltreatment determination was
made) and see if a letter from the state or county is in it. If not, ask the
state or county agency to give you a chance to fight the accusation. You must first
appeal from the state or county letter telling you that you are disqualified from
working at a certain job. You must
appeal in writing before the deadline stated in the letter. Next, tell the hearing officer and the
opposing attorney you want to reopen the maltreatment determination because you
did not receive notice of the maltreatment accusation when it was made against
you.
If you are stuck with a maltreatment
record, remember after 7 to 10 years the maltreatment does not affect caretaker
jobs and you can try to work in those jobs again. Also, a maltreatment record does not stop
you from working in any other jobs that do not require direct contact with
vulnerable adults or children.
Who
Can I Call For Help?
There may be a volunteer attorney
available to take your case. The following volunteer agencies can be contacted
by phone
Volunteer Lawyers’ Network -
612-752-6677
Volunteer Attorney Program –
218-723-4005
Private civil attorneys (if you can
afford to pay an attorney) are also available.
Contact the Minnesota State Bar Association’s Attorney Referral Service online
at
www.mnfindalawyer.com.
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MN Legal Services Coalition
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Don’t use this fact sheet if it is more than 1
year old. Write us for updates or alternate formats. Fact
Sheets are not a complete answer to a legal problem. See a lawyer for advice.
For more information see visit www.lawhelpmn.org
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