STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
PROTECTIVE ORDER
In the matter of the Temporary Immediate Suspension
of the family child care License of
Linda Johnson
Upon the
request of the Department of Human Services, Licensing Division, and Nobles
County Family Services, 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.
Linda Johnson and his/her counsel and any of
his/her representatives or witnesses may not disclose any data encompassed by
this order to persons other than those mentioned in paragraph one above, and
must return all data released pursuant to this order to counsel for Nobles
County Family Services at the conclusion of this matter.
3.
Notwithstanding M1NN. 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
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.
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 order may be used only
in this proceeding and not for any other purpose including collateral
litigation, unless ordered by a court of law to disclose the data.
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 a child victim or alleged child victim
alleging, explaining, denying, or describing an act of physical or sexual abuse
unless the requirements of MINN. STAT. § 611A.90, subd.
2, paragraph (b) have been met. See MINN. STAT. § 13.03, subd. 6.
FOR
THE COMMISSIONER OF HUMAN SERVICES
_s/Raymond
R. Krause______________ __July
6, 2007______________
Administrative
Law Judge Date ‘