Set Aside Gets Jobs After DHS Disqualification

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.

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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

People facing criminal charges in Minnesota often ask, “Can you defend yourself in court?” You can represent yourself in court when charged with a crime. Self-representation, however, is not typically in the accused's best interests, even if courts allow it.
Parents whose children have been arrested or accused of committing a heinous crime might wonder, “Can a minor be charged with a felony?” A minor aged 14 years or older but below 18 years may face felony charges in Minnesota.
People accused of or under investigation for assault might ask, “What are the charges for assault?” Minnesota has five levels of assault charges. First-degree assault is the most serious offense, and a conviction often results in the most severe penalties, like long prison time and hefty fines.