OAH Docket No. 8-1800-19741-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the Revocation
of the Child Foster Care License of Kelly Kimbell |
PROTECTIVE ORDER
|
Upon the request of the Minnesota Department
of Human Services, Licensing Division (“DHS”) and Hennepin County Human
Services and Public Health Department, and pursuant to Minn. Stat. §§ 13.03,
subd. 6; and 14.60, subdivision 2.
IT
IS HEREBY ORDERED:
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.
Kelly Kimbell 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 Sherburne
County Social Services at the conclusion of this matter.
3.
Notwithstanding
Minn. Stat. § 13.46, subdivisions 3 or 4(e), data identifying victims,
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.
Should any party
seek to use the information subject to this Order in a manner inconsistent with
this Order, that party shall bring a motion before the Administrative Law Judge
with notice to the other parties, requesting permission to use the information
and detailing the reasons for the request.
6.
This Protective
Order does not authorize the disclosure of the identity of reporters of
maltreatment under Minn. Stat. §§ 626.556, subdivision 11; or 626.557,
subdivision 12b (c).
7.
This protective
order does not authorize the disclosure of any videotapes of any 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, subdivision
2, paragraph (b) have been met. See, Minn. Stat. § 13.03, subdivision 6.
8.
This Protective
Order may be modified or amended by agreement of the parties and notice to the
Administrative Law Judge, or upon application to the Administrative Law Judge
for good cause shown.
9.
Nothing in this
Order is intended to limit availability of judicial review of the
Commissioner’s final order as provided by Minn. Stat. §§ 14.63 - 14.69.
Dated: June 27, 2008
_s/Eric
L. Lipman____________________
ERIC
L. LIPMAN
Administrative
Law Judge