OAH 8-1800-20058-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the Temporary
Immediate Suspension of Child Foster Care License of Jennifer Schwalbe |
PROTECTIVE ORDER
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Upon the request of the Minnesota Department
of Human Services, Licensing Division (“DHS”) and Rice County Social Services
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.
Jennifer Schwalbe
and 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 the counsel for the
Minnesota Department of Human 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.
If a party seeks
to use the non-public information that is subject to this Order, in a manner that
is inconsistent with the terms of this Order, that party shall file with the Administrative
Law Judge, and serve upon the other parties, a request for authorization of
additional uses. The request for
authorization must detail 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: December 1, 2008
/s/
Eric L. Lipman
________________________
ERIC
L. LIPMAN
Administrative
Law Judge