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MURPHY v. COMMISSIONER OF HUMAN SERVICES

Nos. A08-1042, A08-1148.

765 N.W.2d 100 (2009)

Shannon Rae MURPHY, Relator, v. COMMISSIONER OF HUMAN SERVICES, Respondent (A08-1042), Minnesota Commissioner of Health, Respondent (A08-1148).

Court of Appeals of Minnesota.

May 5, 2009.

Attorney(s) appearing for the Case

Charles H. Thomas, Mankato, MN; and Lindsay W. Davis, Southern Minnesota Regional Legal Services, St. Paul, MN, for relator.

Lori Swanson, Attorney General, Cynthia Beth Noren Jahnke, Audrey K. Manka, Assistant Attorney Generals, St. Paul, MN, for respondents.

Considered and decided by PETERSON, Presiding Judge; KLAPHAKE, Judge; and BJORKMAN, Judge.

OPINION

PETERSON, Judge.

Relator challenges respondent commissioner's refusal to set aside her disqualification from providing direct-contact services to persons served by licensed facilities. Relator argues that disqualifying her based on the involuntary termination of her parental rights and refusing to set aside the disqualification without considering evidence that she poses no risk of harm constitutes an abuse of discretion and violates the Equal Protection...

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