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.