Frequently Asked Questions
Maltreatments & Disqualifications

1. What is a maltreatment case in Minnesota?

In Minnesota, a maltreatment case involves an investigation by the Department of Human Services (DHS) or county social services when there are allegations of child or vulnerable adult abuse or neglect. Maltreatment can include physical abuse, emotional abuse, sexual abuse, or neglect, which is any failure to provide necessary care or supervision.

Once a report of maltreatment is made, DHS will investigate the claim. If the investigation finds sufficient evidence, it can lead to a substantiated maltreatment finding, which may have serious consequences, such as a disqualification from working with vulnerable individuals.

2. What does it mean to be disqualified by DHS in Minnesota?

A disqualification by DHS means that you are legally barred from working with children or vulnerable adults in certain settings, such as schools, daycare facilities, foster care, or healthcare settings. This disqualification is usually a result of a substantiated maltreatment finding (i.e., DHS determines that abuse or neglect occurred).

A disqualification can have a significant impact on your career, especially if you work in a field that requires direct care or supervision of vulnerable populations. If you’re disqualified, you may request a review or appeal the decision to try and have the disqualification reversed.

3. How does DHS investigate maltreatment allegations in Minnesota?

When a maltreatment allegation is made in Minnesota, DHS or a local county agency will investigate the claim. The process typically involves:

Assessment or investigation: This can include interviews with the alleged victim, witnesses, and the person accused of maltreatment. DHS may also review medical, school, or social services records.
Determining the severity: DHS evaluates the evidence to determine whether maltreatment occurred. This includes assessing whether there was harm or the risk of harm to a vulnerable person.
Substantiation: If the investigation finds sufficient evidence of abuse or neglect, DHS will substantiated the allegation, meaning they confirm the maltreatment occurred.

If you’re the subject of a maltreatment investigation, it’s important to cautiously cooperate with DHS but also to be aware of your legal rights, including the right to challenge the findings.

4. What happens if I am disqualified by DHS due to maltreatment?

If DHS substantiates a maltreatment allegation against you, they may issue a disqualification notice, which means you are barred from working in certain positions where you would be in contact with children or vulnerable adults. This can include positions in:

Daycares, schools, or foster care facilities
Healthcare or home healthcare settings
Any job where you work with vulnerable populations

You may appeal the disqualification decision, but it’s important to act quickly, as there are strict time limits for filing an appeal. If the disqualification stands, it can severely impact your career and ability to find employment in certain fields.

5. Can I appeal a DHS maltreatment or disqualification finding in Minnesota?

Yes, you have the right to appeal a DHS maltreatment or disqualification finding but there are strict timelines that must be met. The appeal process involves the following:

Request for reconsideration: If you disagree with the finding of maltreatment or the disqualification decision, you can request a reconsideration by DHS within 15 days of receiving the notice.
Administrative hearing: If reconsideration does not resolve the issue, you can request an administrative hearing. At the hearing, you and DHS will present evidence, and a judge will decide whether the disqualification should be overturned or upheld.
Legal representation: Having an attorney is crucial when appealing a maltreatment finding or disqualification. An experienced lawyer can help gather evidence, argue on your behalf, and ensure that your rights are protected throughout the process.

6. How long does a maltreatment or disqualification case take in Minnesota?

The timeline for a maltreatment or disqualification case can vary depending on the complexity of the case and whether you request an appeal.

Maltreatment investigations typically take 30 to 60 days, though they can take longer if the case is particularly complex.
If a maltreatment or disqualification is issued, you must request a reconsideration within 15 days and a request for a fair hearing (appeal) must be made if the agency foes not reconsider its findings. If you appeal, the hearing may be scheduled within a few months, but it can take several months before a decision is made, depending on the caseload of the administrative law judge.

Throughout the process, you should stay in close contact with your attorney to ensure timely filing of documents and keep track of deadlines.

7. Can a disqualification be removed from my record in Minnesota?

In some cases, it may be possible to remove a disqualification or have it reversed through an appeal. If the disqualification is upheld, you may still be able to request a set-aside. A set-aside is a legal process where the disqualification is lifted, allowing you to work with vulnerable individuals again.

To have a disqualification set aside, you must demonstrate:

You have rehabilitated since the maltreatment incident (such as completing counseling, attending relevant programs, or showing a clean criminal record).
The disqualification is not justified due to the nature of the offense or risk of harm to vulnerable individuals.

The success of this process depends on the specifics of the case, and it’s critical to work with an attorney to present the strongest possible case for a set-aside.

8. What is the difference between “substantiated” and “unsubstantiated” maltreatment in Minnesota?

In Minnesota, the terms “substantiated” and “unsubstantiated” refer to whether DHS finds evidence supporting an allegation of maltreatment:

Substantiated maltreatment means that DHS found sufficient evidence to confirm that abuse or neglect occurred. This finding can lead to a disqualification from working with vulnerable populations and may result in other legal consequences.
Unsubstantiated maltreatment means that DHS did not find enough evidence to confirm the allegations. While this may clear the individual of the specific charges, the case may still remain in the “investigative” phase, and the individual may still face professional or personal challenges related to the allegation.

If maltreatment is unsubstantiated, you may still face repercussions in certain situations (such as in employment), but a substantiated finding is much more serious.

Disclaimer:

The information provided on this website is for general informational purposes only and is not intended as legal advice. Viewing or reading the content on this site does not create an attorney-client relationship. If you need legal advice or representation, please contact an attorney directly.

Frequently Asked Questions Maltreatments & Disqualifications