Human services licensing

Maltreatment

Relator challenged a maltreatment determination, fine, and conditional license issued by the Commissioner of Human Services, arguing that the Commissioner misinterpreted and misapplied the law in concluding that relator engaged in neglect by failing to properly supervise a child, and that the commissioner's decision was not supported by the evidence.  The determination and conditional license to provide family childcare was based on the fact that a child in relator's care was found unattended in the community.  The Minnesota Court of Appeals concluded that the maltreatment by neglect finding was justified, noting that a three year old child walked over two blocks near a busy road, and, for at least 25 minutes, was without his caregiver to intervene in an unsafe situation.  Affirmed.

In re Maltreatment Determination of Restorff, A17-1433, Minn. Dept. of Human Services.

Lynne Torgerson, Esq. was not attorney of record in this case.

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