OAH Docket No. 12-1800-15330-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE COMMISSIONER OF HUMAN SERVICES

 

 

In the Matter of the Maltreatment and Disqualification of Kristal Zimmerman and the Revocation of the Child Care License of KidNation

SECOND AMENDED PROTECTIVE ORDER

 

Upon the request of the Department of Human Services, Licensing Division, and pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, it is ordered that:

1.               Disclosure of not public data is permitted in the course of this matter, but 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 court order.

2.               Any data encompassed by this order cannot be disclosed to persons other than those mentioned in paragraph one above, and all data released pursuant to this order must be returned to counsel for Minnesota Department of Human Services 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. The record shall be private data.  The Administrative Law Judge’s Recommendation 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 and shall be public data. 

4.               The hearing in this matter is private and may be attended only by parties, their witnesses, parents of children who received child care at KidNation whether witnesses or not, and others authorized by law.  Any witnesses allowed to attend the hearing by this Order may be subject to a Sequestration Order and would be allowed to attend only after they have testified.   All persons attending the hearing are subject to this Protective Order.  Any transcript of the proceedings is private data except as otherwise provided by law.

5.               The data encompassed by this 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 the identity of reporters of maltreatment under Minn. Stat. §§ 626.556, subd. 11, or 626.557, subd. 12b(c).

7.               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 this 18th day of June, 2003

 

 

                                                                      s/Steve M. Mihalchick

                                                                      STEVE M. MIHALCHICK

                                                                      Administrative Law Judge