Set Aside Gets Jobs After DHS Disqualification

DHS and Set Asides

If you have been disqualified from rendering services to individuals as a result of a crime, you may be eligible for a set aside. Under Minn. Stat. Sec 245C.22 the Commissioner of the Department of Human Services (DHS) may set aside a disqualification if the commissioner determines the individual has submitted sufficient information to demonstrate that the individual does not pose a risk of harm to any person served by the individual, license holder, or other entities. The commissioner looks to the nine factors outlined below:

(1) The nature, severity, and consequences of the event or events that led to the disqualification;
(2) Whether there is more than one disqualifying event;
(3) The age and vulnerability of the victim at the time of the event;
(4) The harm suffered by the victim;
(5) Vulnerability of persons served by the program;
(6) The similarity between the victim and persons served by the program;
(7) The time elapsed without a repeat of the same or similar event;
(8) Documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event; and
(9) Any other information relevant to reconsideration.

The set aside is discretionary and any single factor may be determinative of the commissioner’s decision.

What is a set aside?

If the commissioner believes that an individual does not pose a risk of harm they will grant a “set aside,” also known as a waiver or exemption. If given a set side, individuals can be in a position where they can have direct contact or access to persons receiving services from DHS. The set-aside is limited to the program in the notice. Certain disqualifications, however, cannot be set aside. Examples would be set asides caused by convictions for Murder of first degree criminal sexual conduct.

Contact Keller Criminal Defense Attorneys to determine whether you are eligible for a set aside. You may be able to get your job back. You will need an experienced Minnesota Defense attorney to negotiate with the DHS. The letter would outline why you should be granted a set aside. You will need an attorney like Max Keller who is very familiar with DHS practice and procedure. Keller Criminal Defense Attorneys offers a free initial consultation.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Knowing how to choose a criminal defense lawyer in Minneapolis, MN, can help you hire a lawyer who will prepare an effective defense strategy and fight for the best result from your case. One of the crucial tips when selecting a criminal defense lawyer is to vet those with relevant experience in cases like yours. You can only do this when you thoroughly understand the charges you are facing.
People anticipating an arrest in Minneapolis, Minnesota, might ask, “What is the role of a defense attorney during an arrest?” A skilled criminal defense attorney can explain your options, ensure the police follow the rules, and protect your rights. The attorney will build a solid defense, talk to the prosecutor, and fight for your best interests.
Knowing when to hire a criminal lawyer for your case in Minnesota can help protect your constitutional rights and turn the odds in your favor. You should retain a criminal lawyer immediately after learning you are under investigation, get arrested, or are charged with a crime. Seasoned criminal lawyers understand the criminal justice system, can build a winning defense strategy, and aggressively push for a positive outcome of your case.