When you are accused of certain crimes in Minnesota, you may face both criminal and administrative penalties. Administrative organizations, such as the MN Dept. of Health and Human Services, can impose civil sanctions against you that are independent, and often more powerful, than the criminal court.
One administrative entity that may sanction you is your County’s Department of Human Services. The County DHS oversees Child Protection Services (CPS) and handles reports of child abuse or neglect. When DHS gets a report, they investigate it and, based on their findings, decide whether or not to make a “determination of maltreatment” based on Minn. Stat. § 260E.03 Subd. 12-23. (2023).
Since this is taking place outside of the criminal justice system, the county doesn’t need to prove the allegations “beyond a reasonable doubt” like they do in criminal cases. They only need a “preponderance of the evidence” to make a determination of maltreatment. A “preponderance of the evidence” means the evidence shows that something is more likely than not; a much lower standard than proof “beyond a reasonable doubt”, the standard in criminal cases.
What are DHS Sanctions?
While an administrative agency like the DHS can’t send you to jail, they can still place sanctions against you that can have a substantial negative impact. If a determination of maltreatment is made, the County then decides if Child Protection services are necessary. If they decide they are, CPS could take your children. Even if they decide protection services aren’t necessary, they keep a record of the maltreatment determination for up to 10 years. This record could disqualify you from working in any location that is licensed by the State Department of Human Services or the State Department of Health, including but not limited to: hospitals, nursing homes, mental health clinics, daycares, and drug and alcohol treatment centers.
Thankfully, you can appeal this determination, at which point the matter will be brought before a judge. If you can convince the judge that it is not more likely than not (think less than a 51% chance), the determination will be overturned.
Case Study for DHS Administrative Legal Proceedings
Campoli Law has handled numerous administrative legal proceedings related to the Department of Health and Human Services. She has conducted contested trials and she has prevailed.
Recent Case Study: Client who was not charged with any crime received a letter from DHS indicating that a determination of maltreatment had been made against him. DHS also mailed Client’s employer a Notice of Determination of Maltreatment. The client immediately lost his job. Client knew he needed a lawyer and retained the services of The Law Office of Lauren Campoli, PLLC.
Once on the case, Campoli Law appealed the finding of maltreatment. Despite vigorously litigating the matter, and challenging the untimely discovery and ultimately incomplete discovery, the matter proceeded to a contested hearing. At the hearing, and for the first time on cross-examination, it was discovered that the social services worker omitted reports and failed to mention that she interviewed other witnesses who confirmed Client’s innocence of any wrong-doing. After the hearing Campoli learned of additional evidence, not previously disclosed, that showed her Client’s innocence.
Campoli Law again moved to dismiss and reverse the finding of maltreatment. Campoli Law’s team achieved the most favorable resolution possible for the client and while we cannot restore Client’s job, he is free of the dark shadow that the Department had cast upon him over a year ago.
Contact Attorney Lauren Campoli to Represent you in Minnesota
Though you won’t end up in jail or prison, legal matters involving administrative agencies can still lead to serious consequences and an infringement on your freedom, if not properly handled by an attorney. If this is the situation you find yourself in, you want an experienced civil and criminal litigator to fight the case. Call The Law Office of Lauren Campoli today!