OAH Docket No. 12-1800-12970-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE COMMISSIONER OF HUMAN SERVICES

In the Matter of the Immediate Suspension of the Family Child Care License of Denise Fischer

PROTECTIVE ORDER

This matter is before Administrative Law Judge Steve M. Mihalchick upon the request of the Department of Human Services, Licensing Division, and the Douglas County Human Services Board (the Department) that the Administrative Law Judge issue a protective order that will allow limited disclosure of not public data to Licensee.

Now, therefore, pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, the Administrative Law Judge makes the following:

ORDER

It is hereby ordered that:

1. Not public data related to this matter may be disclosed 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.

2. 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.

3. 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.

4. The hearing in this matter is presumed open. If there is testimony by an alleged victim or witness who is a child or a vulnerable adult, that portion of the hearing shall be closed. If a transcript is ordered, the names of the alleged victims and witnesses who are children or vulnerable adults shall be redacted and replaced by non-identifying initials or aliases.

5. 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.

6. This protective order does not authorize the disclosure of active criminal investigation data as defined in Minn. Stat. § 13.82, subd. 5.

7. 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).

8. 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 July 7, 2000.

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STEVE M. MIHALCHICK
Administrative Law Judge