(Download) "Fosselman v. Commissioner of Human Services" by Minnesota Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Fosselman v. Commissioner of Human Services
- Author : Minnesota Court of Appeals
- Release Date : January 03, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Reversed and remanded; motion granted Poritsky, Judge1 Department of Human Services OPINION The Department of Human Services (DHS) disqualified relators from employment in positions allowing direct contact with persons receiving services from (1) programs licensed by DHS or the Department of Health or (2) unlicensed personal-care-provider programs. DHS based relators' disqualifications on their failure to report the maltreatment of a child that allegedly occurred at an intermediate-care facility where relators were employed. Respondent Commissioner of Human Services denied relators' requests for reconsideration in separate decisions, and they have petitioned this court for writs of certiorari. We have consolidated their appeals. Relators assert that they are entitled to a fair hearing pursuant either to statute or the Due Process Clause. They further contend that (1) the commissioner's determination that relators had a duty to report maltreatment is not supported by substantial evidence; (2) the commissioner failed to conclude that the alleged maltreatment caused the child's death or caused her serious injury; (3) the commissioner violated relators' due process rights by applying collateral estoppel to the issue of whether maltreatment occurred in the facility; and (4) the commissioner's decisions were arbitrary and capricious. The commissioner has filed a motion to strike certain documents in relators' appendix that are not contained in the record. We reverse the commissioner's decisions disqualifying relators and remand, and we grant the commissioner's motion to strike.
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