DHS v. Restorff
Project Details
Project Description

The Minnesota Supreme Court accepted review of a determination of maltreatment by neglect stemming from a child wandering away from an in-home daycare. Deborah Eckland, Elizabeth Taylor and Chelsea Gauger briefed the applicability of the Maltreatment of Minors Act in a matter of first impression. Deborah Eckland argued the case before the Minnesota Supreme Court on December 12, 2018. On August 7, 2019, the Minnesota Supreme Court issued its decision and held that the Minnesota Maltreatment of Minors Act is not a strict liability statute: “This strict-liability analysis is erroneous because it is not what the Act requires. As Restorff argues, such an interpretation would make every caregiver who has a child wander liable for maltreatment regardless of the particulars of their supervision plan or the incident.” As a result, the case was remanded and the parties were able to reach a settlement, which included the reversal of the finding of maltreatment by neglect. Amanda Restorff v. Emily Johnson Piper, Commissioner, Minnesota Department of Human Services, State of Minnesota, In Supreme Court, No. A17-1433.