OAH Docket No. 12-1800-12943-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Immediate Suspension of the Family Child Care License of Margaret Rahn
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THIRD PROTECTIVE ORDER
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This matter is before Administrative Law Judge Steve M. Mihalchick upon the August 7, 2000, request of the Department of Human Services, Licensing Division, and the Hennepin County Family and Children Services Department (the Department) that the Administrative Law Judge review certain Child Protection file documents prior to disclosure to the Licensee and issue a protective order. The documents are four “CPI-Police and Court” interviews of Ronda Hoagland, Samual Edwards, Licensee’s grandson and Licensee.
Now, therefore, pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, the Administrative Law Judge makes the following:
It is hereby ordered that:
1. The Hoagland and Edwards interviews shall not be released for the reasons stated in the Second Protective Order, namely, that Licensee’s need for the data does not outweigh the confidentiality interests of Mr. Hoagland and Mr. Edwards.
2. The CPI Interviews of the Licensee’s grandson and of Licensee shall be provided to Licensee.
3. Disclosure of not public data permitted by this protective order is limited to parties, counsel of record, employees assisting counsel, and representatives and witnesses of the parties to the extent necessary to prepare and present claims and defenses or as required by further order of the Administrative Law Judge.
4. Licensee and her counsel and any of her representatives or witnesses may not disclose any data encompassed by this order to persons other than those mentioned in the paragraph above, and must return all data released pursuant to this protective order to counsel for the Department at the conclusion of this matter.
5. Notwithstanding Minn. Stat. § 13.46, subds. 3 or 4(e), data identifying victims or witnesses who are children or vulnerable adults shall not become public data by virtue of having been submitted to this proceeding and shall remain not public after the conclusion of this hearing. In preparation for and during the hearing, the parties may refer to names of individual involved and will have access to documents containing private information. Unless the Administrative Law Judge determines that it is in the best interest of the alleged victims or witnesses who are children or vulnerable adults, the record will not be sealed. The Administrative Law Judge’s Report and the Commissioner’s Order shall use non-identifying initials or aliases in place of the names of any alleged victims and witnesses who are children or vulnerable adults.
6. The data encompassed by this protective order may be used only in this proceeding and not for any other purpose including collateral litigation, unless otherwise ordered by a court of law.
7. This protective order does not authorize the disclosure of active criminal investigation data as defined in Minn. Stat. § 13.82, subd. 5.
8. This protective order does not authorize the disclosure of the identity of reporters of maltreatment under Minn. Stat. §§ 626.556, subd. 11, or 626.557, subd. 12b(c).
9. This protective order does not authorize the disclosure of any videotapes of any child victim or alleged child victim unless the requirements of Minn. Stat. § 611A.90, subd. 2, paragraph (b) have been met. See, Minn. Stat. § 13.03, subd. 6.
Dated August 8, 2000.
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STEVE M. MIHALCHICK
Administrative Law Judge