OAH 43-1800-19728-2
STATE OF
OFFICE OF ADMINISTRATIVE
HEARINGS
FOR THE DEPARTMENT OF HUMAN
SERVICES
|
In the Matter of the Denial of License
Application of Leslie Mount for Child Care License |
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION |
The above entitled matter came on for hearing before
Administrative Law Judge
Angela Sonsalla, Assistant Wadena County Attorney, appeared
on behalf of
Following the close of testimony, the County withdrew its denial
of the application for foster care license on the basis that a household member
had been convicted of domestic assault and issuance of a dishonored check.
STATEMENT OF ISSUE
Whether the Commissioner’s
Order denying the license application of Leslie Mount should be affirmed?
Based upon the foregoing Findings of Fact, the
Administrative Law Judge makes the following:
FINDINGS OF FACT
1. On November
5, 2007, Leslie Mount applied for a child foster care license through Wadena
County Human Services. [1]
2. Diane Kangas,
in her capacity as a social worker for Wadena County Social Services, processed
the application and ordered a background study in accordance with Minn. Stat. § 245C.
[2]
3. Upon
completion of the subject background study, it was revealed that there was
probable cause to believe Ronald R. Sternquist had committed criminal sexual
conduct in the fifth degree as defined by Minn. Stat. § 609.3451 on or
about June 4, 1983 in St. Paul, Minnesota.[3]
4. Ronald R.
Sternquist had been a full time resident of Leslie Mount’s household for
approximately seven years preceding the subject license application.[4]
5. On May 16,
2008, the Minnesota Department of Human Services issued an Order denying the
Application for child foster care license on the basis that Ronald R.
Sternquist was disqualified from any position allowing direct contact with or
access to persons served by the program licensed by the Minnesota Department of
Human Services.[5]
6. Applicant
Leslie Mount appealed the Order denying her application for a child foster care
license.[6]
7. Appellant
alleges that the license should not be denied because Ronald R. Sternquist is
no longer a member of the Appellant’s household.[7]
8. Ronald
Sternquist claimed to be residing at a private home in the City of Deer Creek,
Minnesota.[8]
9. Wadena County
Social Services attempted to confirm the place of residence of Mr. Sternquist
in the following manner:
a. Social Worker Diane Kangas made two
unannounced visits to the home in Deer Creek.
Ronald Sternquist was not at the residence on either of those
unannounced visits.[9]
b. Social Worker Diane Kangas spoke with the
owner of the home in Deer Creek, Mike Goldie, concerning whether Ronald
Sternquist was a resident of the Deer Creek home. Diane Kangas was told by the owner of the
home in Deer Creek that Mr. Sternquist was not living in his house and that he
was living with his girlfriend. This
conversation occurred on or about July 8, 2008.[10]
c. Diane Kangas, through the Minnesota
Department of Public Safety, obtained a copy of Ronald Sternquist’s current
driver’s license which reflected an address being the same as the appellant’s
address. The copy of Sternquist driver’s license is dated July 9, 2008.[11]
d. Diane Kangas obtained a “PRISM” report on
Ronald R. Sternquist dated July 9, 2008.[12] “PRISM” is a database used by the State of
10. Sternquist
admits to “visiting” the Appellant’s home but only “when the kids are not there.”[15] Sternquist claims that the Appellant’s home
is his permanent residence and intends to move back as soon as the foster care
license issue has been resolved.[16]
11. Applicant and
Sternquist have lived together at the Applicant’s home for over seven years and
the Applicant wants Sternquist to move back.[17]
12. Ronald
Sternquist testified regarding the June 1983 incident (see Paragraph 3 hereof) at various times as follows:
a. That he had no recollection of an
investigation for any sex crime or any crime.
b. He recalled a “physical disturbance.”
c. He is taking steps which he believes will
expunge his record of any criminal sexual conduct.
d. He does not know who may have made the
allegation of his conduct in June 1983.
e. He has knowledge of an allegation of
criminal sexual conduct dating back to 1983.
f. In 1983 he had knowledge of being
charged or convicted of domestic abuse, assault, driving after suspension and
driving after revocation but no recollection of any criminal sexual conduct
allegations.[18]
13. The
a. R. Sternquist entered an unlocked back
door of a woman named in the Police Report then living on
b. She told the police that a man known to
her as Ronald Richard Sternquist slapped her several times in the face and
attempted to rip off her t-shirt. He
then unbuttoned her pants and attempted to pull them down stating to her that
“I’m going to rape you.” The woman was
able to get away from Mr. Sternquist and ran to a neighboring home asking
them to call the police.
c. The woman who was assaulted told the
police that she had been having problems with Mr. Sternquist for some
time. She stated that he had some type
of a “fixation” for her. However she has
not had any type of relationship with him.
d. The police interviewed the mother of the
victim who told the police her daughter had called her immediately following
the attack and was screaming into the phone that she was being attacked and
wanted the police sent to her home. That
following the attack her daughter’s eye was badly swollen and discolored as a
result of the assault.
e. A co-worker of the victim’s mother went
to the victim’s home while the victim and her mother were talking. That witness, Richard Mitcheltree, told the
police that when he arrived at the victim’s home, her face was red and puffy,
her shirt was torn and she had red welts on her back.
f. That shortly after the police arrived
Ronald Sternquist was taken into custody.
That Ronald Sternquist stated as he was leaving the victim’s house,
“that when he gets out there is going to be some dead people.”
g. Upon arriving at the jail, Officer R.
Marion interviewed Mr. Sternquist.
In that interview Mr. Sternquist admitted making the statement that
there was going to be some dead people.
When asked whether he intended to kill someone he replied “I don’t kill
anyone myself, I hire people to do my killing for me.”
h. The victim told the investigators that
she does not wish to have Sternquist charged with criminal sexual conduct, but
that she would like to prosecute for assault.[19]
Based on the Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
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 Notice of
and Order for Hearing was proper in all respects, and the County and Department
of Human Services have complied with all of the laws, other substantive and
procedural requirements.
3. The Applicant
(Appellant) has the burden of proof to demonstrate by a preponderance of the
evidence that the Appellant has fully complied with applicable law or rule and
that the application should be approved and a license granted.[20]
4. Before
issuing a foster care license, the Commissioner is required to evaluate
information gathered as a part of the application process, including the
results of a mandatory background study of individuals who are over the age of
13 and living in the applicant’s household.[21]
5. Ronald
Sternquist is an adult.
6. A
preponderance of the evidence indicates that Ronald R. Sternquist has committed
an act that meets the definition of crimes which permanently disqualify him
from any direct contact with persons served by the child foster care license
program.[22]
7. That the
conduct of Ronald R. Sternquist as of June 4, 1983, constitutes criminal sexual
conduct in the fifth degree and the Commissioner may not set aside his
disqualification or grant a variance.
8. The Applicant
did not demonstrate by a preponderance of the evidence that Ronald R.
Sternquist is no longer a resident of her household.
9. The
Commissioner has properly denied the application for a foster care license in
this case because a disqualified individual is a member of the household of the
Applicant.
10. The
Commissioner is prohibited by statute from setting aside the disqualification
of Ronald R. Sternquist and is prohibited from granting a variance.[23]
Based upon the foregoing conclusions, the Administrative
Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED:
That
the Commissioner’s Order denying the foster care license application of Leslie
Mount be affirmed.
Dated: August 4, 2008
s/Scott J. Newman
|
SCOTT J. NEWMAN Administrative Law Judge |
Reported: Digitally Recorded
NOTICE
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. Under 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
Cal Ludeman, Commissioner, Minnesota Department of Human Services,
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. In order to comply with this statute, the
Commissioner must then return the record to the Administrative Law Judge within
10 working days to allow the Judge to determine the discipline to be
imposed. 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.
Under 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 or as otherwise provided by law.
MEMORANDUM
There
is no evidence and it is not disputed that the Applicant, Leslie Mount loves
her grandchildren and is doing the best that she can to provide them with a
safe environment. Clearly this is
evidenced by letters from the
Both
the Applicant and Mr. Sternquist have attempted to show that he is no longer a
resident of the Mount household. For
reasons stated in the Findings of Fact, such assertions are simply not
believable. At a minimum, the
undersigned believes that Sternquist continues to reside at the Mount household
to such an extent that he would have access to and direct contact with the
children. Consequently, the Commissioner
is required by law to deny the application and is prohibited by statute from
granting any set aside or variance which would allow Mr. Sternquist access to
the minor children.
On
July 24, 2008 the Appellant faxed to the undersigned three documents:
a. Letter from
State of
b. Order
Concerning Sealing of Records No Conviction In the Matter of The State of
c. Letter dated
July 21, 2008, from State of
These
documents appear to be relevant to the issue which is the subject of this
decision. However, the record in this
matter was closed on July 14, 2008, and therefore the documents received on
July 24 were not considered in making this recommendation.The Appellant is
specifically directed to Page 6 of this recommendation which outlines the right
of parties adversely affected by this report to file exceptions and present
argument to the Commissioner.
S. J. N.
[1] Testimony of
Diane Kangas
[2] Test. D.
Kangas
[3] Test. D.
Kangas & Ex. 8
[4] Test. D.
Kangas, Leslie Mount & Ronald Sternquist.
[5] Ex. 3.
[6] Test. D.
Kangas.
[7] Test. L.
Mount & R. Sternquist.
[8] Test. R.
Sternquist.
[9] Test. D.
Kangas.
[10] Test. D.
Kangas
[11] Test. D.
Kangas & State’s Ex. 1.
[12] Ex. 2.
[13] Test. D.
Kangas.
[14] Test. R.
Sternquist.
[15] Test. R.
Sternquist.
[16] Test. R.
Sternquist.
[17] Test. L.
Mount.
[18] Test. R.
Sternquist.
[19] Ex. 8.
[20]
[21]
[22]
[23]
[24] Ex.’s 10, 11
& 12.
[25] Ex. 9.