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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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appeal process for losing foster care license

Resolved Question:

appeal process for losing foster care license
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) What state this is in;
2) Why they took the license away; and
3) When did this happen; and
4) Have you filed any sort of appeal action yet?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I live in Maryland


September 26, 2013 we were given option to quit, or resign.


This was done by director of foster care and we are now given a option to appeal to the executive director of foster care which we will do September 7. They have revoked our license of 5 years due to a community complaint by someone claiming on facebook I spoke and identified a foster child and they will not show me where this document is so i have no idea what the law of maryland is if someone claims you shared confidential matters on fb of foster children and as you and I know beings they will lnot show me the document i have no idea what is claimed.


 

Expert:  Ely replied 1 year ago.
M,

Okay, thank you. One more question, please. Did you voluntarily quit/resign once given the choice, or was the license yanked? This is important.
Customer: replied 1 year ago.

We left with the option of quiting or resigning, we left the meeting and had not deceided, we received a letter the next day saying thank you for our service, blah, blah, and that we had resigned of our own free will. I sent immediately out a letter to the director saying we had not made our decision and would like to appeal her decision which we were given the option to at the meeting the appeal is oct 7 and we as of now are in limbo so to speak with the license

Expert:  Ely replied 1 year ago.
Okay, thank you.

Now, this information will have me take a position that you had not resigned and then the Maryland Department of Human Resources then terminates the license involuntarily.

If this is the case, the first step is to appeal through the program administratively. This means filing an appeal via the Maryland Department of Human Resources if there is one available. If there is not, or, if one has come to the end of the administrative appeal process and is not satisfied with the result, one always has the ability to file a Writ of Mandamus in Circuit Court. Md. Rules 2-303 through 2-305. This asks the Court to order a state agency to do a ministerial task, i.e. to do its function under the law. Talbot Cnty. v. Miles Point Prop., 415 Md. 372, 377, 2 A.3d 344, (2010).

Now note that the task must be ministerial and not discretionary. Id. In other words, one would have to prove that the Maryland Department of Human Resources should have granted the license and not have taken it away. Considering that licensure is at discretion of the Maryland Department of Human Resources, this may be hard to do, but is one's best step. Perhaps, the Maryland Department of Human Resources will reconsider once/if such a threat at a Writ of Mandamus is made.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

the main point of my question you did not address. can social media via facebook chat be a reason for dismissal, and I have not seen the chat they are refearing to. The answer you gave me was information I already know. I just need to know the social media evidence question.

Expert:  Ely replied 1 year ago.
M,

Ah, my apologies - allow me to be more specific.

can social media via facebook chat be a reason for dismissal

I am afraid so. You see, the Maryland Department of Human Resources is in charge of coming up with and propagating whatever requirements and standards it feels are necessary for foster licenses. So if the Maryland Department of Human Resources feels that a line has been crossed - yes, a line they set - then they can yank the license. The license is not a "right" but a privilege.

Now of course one can appeal the matter, arguing that no formal standard has been violated. If so, then it would be up to the Department to show that it has. It does become subjective. In the end, it is up to the Court if this is not resolved and one files a Writ of Mandamus.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

thank you now we are geting to what my problem is. Last thing, anyone can say hey this person posted something bad on my facebook, would you have the right to say ok , let me see what I said and see proof of it. I could take you to court and say Ely said horrible thinigs on my facebook and I want to sue him, so Ely would you not want to see the evidence of what you said, do i have the right to see what WAS SAID?

Expert:  Ely replied 1 year ago.
M,

My pleasure.

Last thing, anyone can say hey this person posted something bad on my facebook, would you have the right to say ok , let me see what I said and see proof of it. I could take you to court and say Ely said horrible thinigs on my facebook and I want to sue him, so Ely would you not want to see the evidence of what you said, do i have the right to see what WAS SAID?

Well, yes and no. No, in term of you thinking "Well I have the right to see my accuser, do I not?" Yes. In Court. This is not a Court matter. This is a private matter between you and the Department. Again, the Department makes up the rules and they enforce them. A good analogy may be when you were a kid:

PARENT: I heard that you are skipping class.
YOU: Who told you that?
PARENT: Nevermind who told me that. Is it true?
YOU: What class? Who told you? No!
PARENT: I don't believe you. You're grounded.

Now if you were to file a formal appeal and/or a Writ of Mandamus, then the Department may be forced to explain what the rumor was exactly and where it came from. But not until then. Or you can get it via a Freedom of Information Act (let me know if you want information on this).

Finally, one can then also sue the individual who stated this on FB for defamation, possibly.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

YOU ARE AMAZING, OK NOW WHERE DO I GET INFORMATION ON WRIT OF MANDAMUS AND FREEDOM OF INFORMATION ACT. WILL I RECEIVE ALL THE ANSWERS TO THIS QUESTION VIA A EMAIL.

Expert:  Ely replied 1 year ago.
Thank you for your kind words, M.

No, I am afraid the answers are not emailed - I have no way to do that. You can print, and/or cut and paste the text.

FOIA- Maryland's Public Information Act
One can get information from almost any government agency using the Maryland Public Information Act. See here. Generate a letter request here.

MANDAMUS
This is a much more complex matter. There is no one, singular resource for a Mandamus Claim in Maryland. For Mandamus overall, see here. However, understand that Mandamus writ is a legal action, to be filed only with an attorney and only once there is no more avenue for administrative relief.

Good luck!

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Counselor at Law
20658 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.