11-1800-16389-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN SERVICES
|
In the Matter of the Denial of the Application of Amy
Baker for a Child Foster Care License |
FINDINGS OF
FACT, CONCLUSIONS
OF LAW, AND
RECOMMENDATION |
The
above-entitled matter came on for hearing before Administrative Law Judge
Barbara L. Neilson at 9:30 a.m. on February 23, 2005, in the Steamboat Room of
the
This
Report is a recommendation, not a final decision. The Commissioner of the Department of Human
Services will make the final decision after a review of the record. The Commissioner may adopt, reject or modify
the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61, the
final decision of the Commissioner shall not be made until this Report has been
made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party
adversely affected by this Report to file exceptions and present argument to
the Commissioner. Parties should contact
the Office of the Commissioner, Department of Human Services, 444 Lafayette
Road, St. Paul, Minnesota 55155
(telephone no. (651) 296-2701), to ascertain the procedure for filing
exceptions or presenting argument.
If the Commissioner fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes upon the filing of exceptions to the report and the presentation of argument to the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes.
Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.
STATEMENT OF ISSUE
The issue in
this contested case proceeding is whether the Applicant’s application for a
license to provide child foster care should be denied because the Applicant has
a theft conviction, substantiated findings of serious and recurring
maltreatment of a child, and two incidents of fifth-degree assault which the
Department contends are substantiated by a preponderance of the evidence.
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
FINDINGS OF FACT
1.
The Applicant, Amy Baker, applied to become a foster parent
in April of 2004.[1] Her background study resulted in the
discovery of several disqualifications[2] involving
a theft conviction in 1999 for shoplifting,[3]
substantiated findings of serious and recurring maltreatment of a child based
on situations occurring in 1998, 1999, and 2000,[4] and two
incidents in 1998 and 1999 in which it was determined that a preponderance of
the evidence demonstrated that the Applicant committed domestic assault.[5] The Applicant did not request reconsideration
of the disqualifications within fifteen days and the County recommended that
the Commissioner of Human Services deny the application.[6] The Commissioner thereafter denied the
application and the Applicant appealed the denial.[7]
2.
The Notice of and Order for Hearing in this matter was
served upon the Applicant by U.S. mail on January 19, 2005, at 212 E. Liberty
Street, Mankato, MN 56001.
3.
The Notice of and Order for Hearing mailed to the Applicant
included the following notice: “Failure
to appear at the hearing or prehearing conference will result in the
allegations of the Notice of and Order for Hearing, including the incorporated
order, being taken as true. This means
that the action being appealed will be upheld.”
4.
The Applicant did not file any Notice of Appearance with the
Administrative Law Judge or make any request for a continuance or any other
relief. The Applicant did not appear at
the hearing scheduled for February 23, 2005, or have an appearance made on her
behalf. The Applicant also did not
contact the Administrative Law Judge between February 23, 2005, and the date on
which this Report was issued.
5.
Because the Applicant
failed to appear at the hearing in this matter, she is in default. Pursuant to Minn. R. 1400.6000, the
allegations contained in the Notice of and Order for Hearing and the documents
attached to the Notice of and Order for Hearing are hereby taken as true and
incorporated into these Findings of Fact.
Based on the foregoing Findings of Fact, the Administrative
Law Judge hereby makes the following:
CONCLUSIONS OF
LAW
1. The
Administrative Law Judge and the Commissioner of Human Services have jurisdiction
over this matter pursuant to Minn. Stat. §§ 14.50 and 245A.08.
2. The Applicant
was given timely and proper notice of the hearing in this matter and all
relevant substantive and procedural requirements of statutes and rules have
been fulfilled.
3. Under Minn.
Rule 1400.6000, the Applicant is in default as a result of her failure to
appear at the scheduled hearing.
4. Under Minn.
Rule 1400.6000, when a party defaults, the allegations and the issues set out
in the Notice of and Order for Hearing may be taken as true and deemed
proved. The Administrative Law Judge
therefore takes the allegations and issues set forth in the Notice of and Order
for Hearing and attached Exhibit A as true and deemed proved. Accordingly, the denial of the Applicant’s
application for a child foster care license is warranted.
Based
upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
IT IS HEREBY
RECOMMENDED:
That the
Commissioner’s order denying the application of Amy Baker for a child foster care
license be AFFIRMED.
Dated: March 7, 2005
|
/s/
Barbara L. Neilson |
|
BARBARA
L. NEILSON |
|
Administrative
Law Judge |
Reported: Tape Recorded (one tape).
[1] Ex. 4.
[2] Exs. 2, 3, 5; Notice of and Order for Hearing, Ex. A.
[3] Exs. 5, 9; Notice of and Order for Hearing, Ex. A.
[4] Exs. 11-15; Notice of and Order for Hearing, Ex. A.
[5] Exs. 6-8, 10; Notice of and Order for Hearing, Ex. A.
[6] Ex. 2; Notice of and Order for Hearing, Ex. A.
[7] Notice of and Order for Hearing, Ex. A.