Challenging
a Maltreatment Determination
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?
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?
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 |