12-1800-11224-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF HUMAN SERVICES

 

In Re the Revocation of the License of Druesiller Haynie to Provide Family Foster Care.

 

FINDINGS OF FACT,

CONCLUSIONS AND

RECOMMENDATION

            The above-entitled matter came on for hearing before Administrative Law Judge Steve M. Mihalchick at the Office of Administrative Hearings, 100 Washington Avenue South, Minneapolis, Minnesota, at 9:30 a.m. on July 30, 1997.  Vicki Vial-Taylor, Assistant County Attorney, Health Services Building, Suite 1210, 525 Portland Avenue, Minneapolis, Minnesota 55415, appeared on behalf of the Hennepin County Department of Children and Family Services (“Agency”).  No one appeared on behalf of the Licensee, Druesiller Haynie.  The record in this matter closed on July 30, 1997, at the end of the hearing.

NOTICE

Notice is hereby given that, pursuant to Minn. Stat. § 14.61 the final decision of the Commissioner of Human Services shall not be made until this Report has been made available to the parties to the proceeding for at least ten days, and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Commissioner.  Exceptions to this Report, if any, shall be filed with David Doth, Commissioner of Human Services, 444 Lafayette Road, St. Paul, Minnesota 55155.

Based upon all of the proceedings herein, the Administrative Law Judge makes the following:

            FINDINGS OF FACT

1.     On approximately March 21, 1997, the Agency recommended revocation of interim foster care licensure for Druesiller Haynie.  Notice of and Order for Hearing, Exhibit A.  The recommendation was based upon the Minnesota Department of Human Services (DHS) disqualification of Ms. Haynie’s spouse from direct contact with persons in care.  The disqualification was based upon the criminal record of her spouse.  DHS received complaints concerning contact between foster children and their parents, about Ms. Haynie’s use of corporal punishment, and the presence of the disqualified spouse on the licensed premises.  These allegations formed the basis of the recommended revocation.

2.     On April 15, 1997, DHS revoked Ms. Haynie’s license to provide foster care.  On April 24, 1997, Ms. Haynie initiated this contested case appeal from the DHS license revocation.  A Notice of and Order for Hearing was issued on May 6, 1997, setting this matter on for hearing July 30, 1997.  The Notice of and Order for Hearing contained the following language:

(11)         A Notice of Appearance must be filed with the Administrative Law Judge within 20 days of service of the Notice of and Order for Hearing if a party intends to appear at the hearing.

(12)         Failure to appear at the hearing may result in the allegations of the Notice and Order for Hearing and Exhibit A being taken as true.  This means that the action being appealed will be upheld.

Notice of and Order for Hearing, at 2.

3.     No Notice of Appearance has been filed by or on behalf of Ms. Haynie in this matter.  At about the time Ms. Haynie filed her appeal, she informed Agency staff that she was moving to California.  Agency staff informed Ms. Haynie that she would need to provide her new address to maintain her appeal.  There is no address listed in Ms. Haynie’s appeal letter.  She has not contacted the Agency after filing her appeal.  No communication from Ms. Haynie has  been received by the Administrative Law Judge.

4.     On June 26, 1997, the Agency mailed the Notice of and Order for Hearing to the last known address on file with the Agency for Ms. Haynie, 1643 Upton Avenue North, Minneapolis, Minnesota 55411.  That mailing was returned by the U.S. Postal service bearing the stamped notation, “Moved  Left No Address”.  Neither Ms. Haynie nor anyone on her behalf appeared at the hearing location on July 30, 1997.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1.     The Administrative Law Judge and the Commissioner of Human Services have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.57-14.62 and Minn. Stat. § 245A.05.

2.     The Notice of Hearing was proper and all substantive and procedural requirements of law and rule have been fulfilled.

3.     Under Minn. Rule 1400.6000, the Administrative Law Judge is authorized to disposed of contested cases where a party defaults.  A default occurs where a party has failed to appear at a hearing.  Minn. Rule 1400.60000.   Druesiller Haynie is in default in this matter.

4.     Taking the allegations in the Notice of and Order for Hearing as true, the Agency has established by a preponderance of the evidence that Ms. Haynie has failed to keep the Agency informed as to adults living in the licensed premises in violation of Minn. Rule 9545.0080.  The Agency has established by a preponderance of the evidence that Ms. Haynie has used corporal punishment toward foster children in her care in violation of Minn. Rule 9545.0160.  The Agency has established by a preponderance of the evidence that Ms. Haynie allowed improper supervision of the foster children in violation of Minn. Rule 9545.0190, subp. 4.

            Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

RECOMMENDATION

IT IS RECOMMENDED that the Commissioner of Human Services AFFIRM the revocation of the Interim Family Foster Care license of Druesiller Haynie.

Dated this      th day  of August, 1997

 

                                                                             

 

STEVE M. MIHALCHICK

Administrative Law Judge

 

Reported:  Default

NOTICE

 

            Pursuant to Minn. Stat. §  14.62, subd. 1, the Department is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.