11-1800-21255-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In
the Matter of the Denial of the Child Foster Care License Application of
Dorothy Milton and Terry Tate |
PROTECTIVE ORDER
|
Pursuant to Minn. Stat. §§ 13.03,
subd. 6, 14.60, subd. 2,
256.045, subd. 4(b), and 626.557, subd.
12b(b) (2008), and Minn. R. 1400.6700, subp. 4,
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 Applicants,
Dorothy Milton and Terry Tate, and their 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 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), or the disclosure of
videotapes of alleged child victims unless the requirements of Minn. Stat.
§ 611A.90, subd. 2(b), have been met. See
Minn. Stat. § 13.03, subd. 6..
Date: May 3, 2010
s/Barbara
L. Neilson
_________________________
BARBARA
L. NEILSON
Administrative
Law Judge