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OAH 16-1800-19599-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA DEPARTMENT OF HUMAN SERVICES
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In the Matter of the Revocation of the Child Foster Care License of Sophia Lofton |
PROTECTIVE ORDER |
Upon
the request of the Department of Human Services, Licensing Division, and
Hennepin County Human Services and Public Health Department, 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, aid representatives
and witnesses of the parties to the extent necessary to prepare and present
claims and defenses or as required by court order.
2.
Sophia Lofton 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
paragraph one above, and must return all data released pursuant to this order
to counsel for Hennepin County Human Services and Public Health 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 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 nonidentifying 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. § 61 1A.90, subd. 2(b)
have been met. See Minn. Stat.
§ 13.03, subd. 6.
Dated: May 12, 2008
s/Manuel J. Cervantes
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MANUEL
J. CERVANTES Administrative
Law Judge |