Maltreatment Defense Lawyer
A maltreatment finding by the Minnesota Department of Human Services (DHS) can jeopardize your career in child care, healthcare, education or any profession involving vulnerable populations. At Claffey Law, we defend anyone facing maltreatment allegations and disqualification proceedings in Minnesota. We challenge flawed investigations, represent clients in administrative appeals and fight to protect your job, reputation, and professional license.
Maltreatment cases move quickly and carry serious consequences. Attorney Katie Claffey understands the urgency of these matters and takes swift, strategic action to defend your livelihood.
Understanding Maltreatment Cases in Minnesota
A maltreatment case begins when the Department of Human Services (DHS) or county social services investigates allegations of child or vulnerable adult abuse or neglect. Maltreatment includes physical abuse, emotional abuse, sexual abuse or neglect, which means failing to provide necessary care or supervision.
Once a report is made, DHS investigates the claim. If the investigation finds sufficient evidence, it results in a substantiated maltreatment finding. This determination can lead to serious consequences, including disqualification from working with vulnerable individuals. As a DHS disqualification attorney, Katie can protect your rights during investigations and challenge findings when evidence doesn’t support the allegations.
The DHS Disqualification Process for Professionals
A DHS disqualification legally bars you from working with children or vulnerable adults in settings like schools, day care facilities, foster care or health care environments. This disqualification typically follows a substantiated maltreatment finding or criminal charge or conviction.
The disqualification process includes:
- Investigation: DHS or county agencies interview the alleged victim, witnesses and the accused person. They review medical, school or social services records.
- Severity assessment: DHS evaluates evidence to determine whether maltreatment occurred and whether harm or risk of harm existed.
- Substantiation: If sufficient evidence exists, DHS substantiates the allegation, confirming maltreatment occurred.
- Background check: DHS can issue a disqualification after conducting a DHS background check if it finds disqualifying events such as a criminal charge or conviction.
- Disqualification notice: DHS issues a formal notice barring you from positions involving vulnerable populations.
You have the right to appeal this decision, but strict timelines apply. A maltreatment and disqualification investigation lawyer in Minnesota can help you navigate the appeal process and meet critical deadlines.
How Maltreatment Reports Affect Employment and Licensing
A substantiated maltreatment finding impacts your career immediately. You cannot work in positions requiring contact with children or vulnerable adults including:
- Day cares, schools or foster care facilities
- Health care or home health care settings
- Any job involving vulnerable populations
Beyond direct employment restrictions, maltreatment findings can trigger professional licensing board actions. Nurses, teachers, social workers and other licensed professionals may face additional discipline or license suspension. Our professional licensing defense services address both DHS disqualification and licensing board proceedings to protect your career from multiple angles.
Key Concerns Professionals Raise About Maltreatment Cases
Professionals facing these allegations have urgent questions about their rights and options. Below, we have provided answers to a few questions we hear frequently to get you started.
Can I appeal a maltreatment or disqualification finding?
Yes. You can request reconsideration by DHS within 15 days or 30 days of receiving notice, depending on the type of finding that was made. If reconsideration doesn’t resolve the issue, you can request an administrative hearing where both sides present evidence and a judge decides whether to overturn or uphold the disqualification. Legal representation is crucial during appeals. An experienced attorney gathers evidence, argues on your behalf and protects your rights throughout the process.
You can also request a “Set Aside” review of certain disqualifications, which can allow you to still work even with a disqualification on your record.
What’s the difference between substantiated and unsubstantiated maltreatment?
Substantiated maltreatment means DHS found sufficient evidence confirming abuse or neglect occurred. This leads to disqualification and potential legal consequences. Unsubstantiated maltreatment means DHS didn’t find enough evidence to confirm allegations. While this may clear you of specific charges, professional or personal challenges related to the allegation may still exist.
Can a disqualification be removed from my record?
Not always, but you may request a set aside, a legal process setting the disqualification aside and allowing you to work with vulnerable individuals for a specific employer. To succeed, you must demonstrate rehabilitation since the incident through counseling, relevant programs or a clean record and show the disqualification isn’t justified based on the offense’s nature or risk level. Success depends on case specifics and working with an attorney strengthens your set-aside request.
Get Legal Help to Protect Your Career
If you’re facing a maltreatment investigation or DHS disqualification in White Bear Lake, Hastings or anywhere in Ramsey, Dakota or Scott counties, immediate legal action protects your employment and reputation. At Claffey Law, we offer free consultations to discuss your situation and defense options.
Call 763-270-9910 or message us online to schedule your free consultation.