11-1800-21803-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
|
In the Matter of the Family
Child Care License of Joyce Arends |
PROTECTIVE ORDER
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Upon the request of
the Department of Human Services, Licensing Division, and Wright County Human
Services, and pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2,
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.
Joyce Arends and
her counsel, representatives, and 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 Wright County 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 the 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 any
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: January 27, 2011
s/Barbara L. Neilson
_______________________________
BARBARA
L. NEILSON
Administrative
Law Judge