Individuals who have a conviction for certain crimes will get a DHS Disqualification. This means they are disqualified from direct contact with, or access to, persons receiving services from the Department of Human Services (DHS) in Minnesota. Sometimes a DHS Disqualification happens after a “background study” by DHS. There are other bases for a DHS Disqualification other than a conviction such as an Alford Plea (also called a No Contest plea or a No Lo Contendre plea), a finding by a preponderance of the evidence that a crime has been committed, or serious or recurring maltreatment of a minor or vulnerable adult. There are different degrees of DHS Disqualification as outlined below:
– Permanent DHS Disqualification
To be permanently disqualified, the offense has to be very serious. These include offenses like criminal sexual conduct cases, violent offenses, aggravated robbery, and domestic assault.. A full list of offenses can be found in Minn. Stat. Sec. 245C.15
– 15-year disqualification
False representation, federal food stamp program fraud, and criminal abuse of a vulnerable adult are some crimes that will lead to a 15-year disqualification.
– 10-year disqualification
Criminal neglect of a vulnerable adult, criminal vehicular homicide and injury, and attempt to coerce, among others, will lead to a 10-year disqualification.
– 7-year DHS Disqualification
Misdemeanor-level offenses may lead to a 7-year disqualification such as receiving stolen property, bringing stolen goods into Minnesota, interference with privacy, indecent exposure, and insurance fraud.
The Commissioner of the Department of Human Services (DHS) will review the information DHS has. They will determine if the individual (1) poses an imminent risk of harm and orders removal, (2) poses a risk of harm during the time an individual may ask for reconsideration, and (3) does not pose an imminent risk of harm or risk of harm requiring supervision. Once a finding has been made, the individual can make a request for reconsideration within 30 or 15 days, depending on the findings. It is important to be represented by a skilled Minnesota Defense Attorney to ensure the time for reconsideration does not lapse.
Contact Keller Criminal Defense Attorneys if you have been charged with a crime. A conviction for the offense may cause a Minnesota DHS Disqualification. This means DHS will disqualify you from rendering services to others. Doctors, Nurses, Licensed Alcohol and drug counselors (LADC), physical therapists, and personal care attendants (PCA’s) are some of the professions that will be affected by the offenses listed above. This can lead to DHS diqualification, which means the person can no longer perform his job duties and thus will be fired. He then cannot be hired for any similar job because of the Disqualification. Do not make any type of plea to a criminal case without discussing its adverse effects on professional licensing, etc. discussed above. Contact Keller Criminal Defense Attorneys for a free consultation. You will need a skilled Minnesota Defense Attorney to help you with your case to ensure you do not get disqualified for your current or future job.