Sally Doe had been a provider for 23 years. She had never had more than a minor correction order in all those years. Yet somehow while in her care, a 2-year-old child bit an 8-month-old badly on and around the nose. This happened during naptime and Sally heard no commotion whatsoever until after the injury had occurred.

DHS (Dakota County) revoked Sally’s license, claiming the injury occurred because of a “lack of supervision.” DHS claimed this violation despite the lack of evidence to support it.

The evidence at the hearing showed that Sally supervised these children as she always had and that there was no evidence that either child involved made any sound Sally “should have heard” until after the injury occurred.

After several days of hearing, the Administrative Law Judge determined Sally was credible and not guilty of neglect or serious maltreatment. The judge recommended the maltreatment and disqualification be reversed and the revocation of her license rescinded. The Commissioner agreed.