DHS v. Julie Doe
Project Details
Project Description

Chelsea Gauger and Deborah Eckland represented Julie Doe in a License Revocation action. Julie Doe's family child care license was placed on a Temporary Immediate Suspension after a child was allegedly bitten at her daycare. After investigating the matter, Hennepin County determined that Ms. Doe was responsible for maltreatment based on her "failure to provide adequate supervision." Ms. Doe requested reconsideration of the maltreatment finding based on the fact that she had continuously been supervising the child. Ms. Doe knew that the child had not been bitten at daycare, and so in her request for reconsideration, she also pointed out alternate causes of the "bite marks" on the child. Ultimately, the County denied her request, and affirmed its determination of maltreatment. Ms. Doe's family child care license was subsequently revoked based on the finding of maltreatment.

Ms. Doe appealed the revocation. At the hearing, Ms. Doe pointed out that, prior to this action, she had provided daycare in Hennepin County for over two decades—at no point was she ever cited for any supervision violations, nor had her license ever been placed on a conditional status. Ms. Doe demonstrated that she did provide adequate supervision to all of the children in her care—Ms. Doe was always within sight or hearing of the daycare children. Ms. Doe also pointed out alternate causes of the markings on the child—a medical doctor supported Ms. Doe in this action, and wrote a letter describing how, in his medical opinion, it was highly unlikely that the markings were bite marks, and more likely that they were a result of a medical condition.

Ms. Doe successfully demonstrated that the County failed to meet its burden of demonstrating that Ms. Doe was responsible for maltreatment. Accordingly, the Administrative Law Judge recommended that Ms. Doe's license be reinstated. The Commissioner of the Department of Human Services affirmed this recommendation, and Ms. Doe was able to re-open her day care immediately.