Maltreatment or Misinterpretation? Minnesota’s Vulnerable Adults Act
Author: Roslyn Myers, Esq. .; Alissa Ackerman.; Meghan Sacks.
Source: Volume 10, Number 05, January/February 2008 , pp.73-74(2)
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Abstract:
Margie Kleven challenged a decision by the Minnesota Department of Human Services that disqualified her from holding any position which allowed direct contact with individuals considered “vulnerable adults” under Minnesota Statute §§ 245C.14, subds. 1(a)(3),15, and 4 (2004). The decision was based on her treatment of vulnerable adults under her care in a group home for developmentally disabled adult men. Kleven argued that the statute used to disqualify her (Minn. Stat. § 626.5572, subd. 2(b)(2) (2004)), was misinterpreted when the Minnesota Department of Human Services considered the objective, rather than the subjective standard for its interpretation. In this article the authors discuss the facts and determination of the case.Keywords: lower court affirmed
Affiliations:
1: Fordham Law School.