What Is Maltreatment and How Can It Affect My Job?

Maltreatment is when a child protection or adult protection agency decides a child or vulnerable adult you care for was hurt or neglected by you. A vulnerable adult is an adult that is a resident or patient of a facility, gets services that must be licensed under law, or is physically or mentally disabled. Common examples: bruises or scratches, broken bones, verbal threats or verbal abuse, financial fraud, or leaving children or vulnerable adults alone without proper supervision.

A maltreatment determination does not show up on your criminal record, but it is used in state or county background checks for direct care jobs. It can stop you from working in this kind of job for 7 to 10 years.

A maltreatment record affects these kinds of jobs

• health care or home health aide
• child care
• licensed foster care
• adopting children  
• work in corrections or chemical dependency counseling
• any other job where you have direct contact with vulnerable adults or children.
   

For a maltreatment determination to affect you, it must be serious or “recurring.” This means it must have happened more than once or it must have resulted in an injury.

A maltreatment determination on your record does not result in jail, fines, or the loss of your parental rights. But, it is possible that criminal charges or child protection actions might be taken against you.

Yes, you can fight a maltreatment determination, but you have to appeal before the determination is final. There are very short deadlines. Make sure you follow the time limits in the letter you get from the agency accusing you of maltreatment. It is best to have a lawyer help you.

You can ask the state or county to “rescind,” or “take back”, the maltreatment determination. If you succeed, you will not be disqualified from caretaker jobs because of the accusation. 

Immediately appeal in writing within 15 days. Send in a written appeal even if you cannot find a lawyer right away. If you don’t appeal, you might lose your chance to defend yourself forever. Explain why you did not commit the accused maltreatment.

For example

• Was the abuse or neglect the result of an accident?
• Were you using moderate parental discipline?
•  Was someone else responsible for the abuse or neglect?
•  Was the alleged victim truthful about the allegation?
•  Are there witnesses to back up your story?
• If you work in a childcare center, a non-serious injury to a child may be considered a “non-maltreatment mistake.”
   

Write as much detail as possible.

You must also explain why the maltreatment was not serious or recurring, to prevent it from disqualifying you from caretaker jobs in the future. For example

• Did it happen more than once?
• Did an injury occur?
• If neglect, was the injury treatable with just minor, over-the-counter or topical treatment?
   

You can get a copy of your child or adult protection file from the county that made the maltreatment determination to see the evidence against you. You should get the file right after you find out you have been accused of maltreatment.

If you lose the hearing, you can appeal the decision to district court in the county where the maltreatment determination was made. You must appeal within 30 days after the decision. If you lose in district court, you can appeal to the Minnesota Court of Appeals within 60 days after the court decision.

If it is too late to appeal, or you lost the appeal, the maltreatment stays on your record.

A maltreatment record prevents you from working in caretaker jobs for 7 to 10 years. But you can still work in a caretaker job if:

• the maltreatment was not serious or recurring
  
      OR

• if you get a “set-aside” or a “variance” from the state.

For more information on how to get a “set-aside” or a “variance” see our fact sheet Job Disqualifications.

If you are sure that you never got a letter about the maltreatment determination, get a copy of your child or adult protection file. You get this from the county where the maltreatment determination was made. See if a letter from the state or county is in it. If not, ask the state or county agency to give you a chance to fight the accusation (appeal). 

First, you have to appeal the letter telling you that you are disqualified from working at a certain job. Appeal in writing before the deadline stated in the letter. 

Next, tell the hearing officer and the opposing lawyer you want to reopen the maltreatment determination. Tell them you did not get notice of the maltreatment accusation when it was made against you. 

If you are stuck with a maltreatment record, remember after 7 to 10 years the maltreatment does not affect caretaker jobs and you can try to work in those jobs again.  Also, a maltreatment record does not stop you from working in any other jobs that do not require direct contact with vulnerable adults or children.

Your local legal aid office may be able to help you if you qualify. To find your local legal aid office call 1-(877) 696-6529. Or look for help from other programs at  www.lawhelpmn.org/providers-and-clinics.

You can find a private civil lawyer by contacting the Minnesota State Bar Association’s Attorney Referral Service online at www.mnfindalawyer.com.