11-1800-19377-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In
the Matter of the Temporary Immediate Suspension of the Family Child Care
License of Linda Hegerman |
PROTECTIVE ORDER
|
Upon the request of the Department of
Human Services, Licensing Division, andRamsey County Human Services Department,
and pursuant to Minn. Stat. §§ 13.03, subd. 6; and 14.60, subd. 2,
IT IS HEREBY ORDERED as follows:
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.
The Licensee, Linda
Hegerman, and her counsel, 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 the Department of Human Services and Ramsey County Human
Services 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 in this proceeding and shall remain not-public data after
the conclusion of this hearing. In
preparation for and during the hearing, the parties may refer to names of
individuals 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 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.
Pursuant to Minn.
Stat. §§ 13.03, subd. 6, 13.821, and 611A.90, subd. 2, release of one copy of
videotaped interviews of any child victim or alleged child victim upon which the
Department and County rely in connection with this proceeding is permitted
subject to the following restrictions:
a.
The Ramsey County
Attorney’s Office is authorized to make one copy of each videotape.
b.
The Ramsey County
Attorney’s Office may release the copies of the videotapes to counsel for the
Licensee. The videotapes shall not be
disclosed to the Licensee or her husband.
Disclosure shall be limited to counsel of record, employees assisting
counsel, and representatives of the parties to the extent necessary to prepare
and present claims and defenses.
c.
Further
reproduction of the videotapes is prohibited.
d.
Each individual
authorized to view the videotapes shall be instructed concerning the
confidential nature of the videotapes, provided with a copy of this Protective
Order, and informed that copies may not be made.
e.
The videotapes
may be used only in this proceeding and not for any other purpose. The videotapes shall not be publicly
exhibited, shown, displayed, used for educational research or demonstrative
purposes, or used in any other fashion, except in the above-captioned
proceeding.
f.
No transcript of
the videotapes shall be divulged to any person not authorized to view the
videotapes.
g.
Upon exhaustion
of this administrative proceeding, counsel for the Licensee shall return the
copies of the videotapes to the Ramsey County Attorney’s Office. The Ramsey County Attorney’s Office shall
destroy the copies.
Date: January 11, 2008
s/Barbara
L. Neilson
_________________________
BARBARA
L. NEILSON
Administrative
Law Judge