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STATE OF MINNESOTA IN COURT OF APPEALS A08-1042 A08-1148 Shannon Rae Murphy, Relator, vs. Commissioner of Human Services, Respondent (A08-1042), Minnesota Commissioner of Health, Respondent (A08-1148) Filed May 5, 2009 Reversed and remanded Peterson, Judge Department of Human Services File No. 97495 Charles H. Thomas, Suite 3000, 12 Civic Center Plaza, PO Box 3304, Mankato, MN 56002-3304; and Lindsay W. Davis, Southern Minnesota Regional Legal Services, 166 East Fourth Street, Suite 200, St. Paul, MN 55101 (for relator) Lori Swanson, Attorney General, Cynthia Beth Noren Jahnke, Audrey K. Manka, Assistant Attorney Generals, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134 (for respondents)

Considered and decided by Peterson, Presiding Judge; Klaphake, Judge; and Bjorkman, Judge. SYLLABUS Under the Department of Human Services Background Studies Act, an individual whose parental rights were involuntarily terminated is permanently disqualified from

providing direct-contact services to persons served by a licensed facility, and the commissioner of human services is prohibited from setting aside the disqualification. Because the voluntary or involuntary nature of a termination proceeding is not a rational basis for predicting the risk of harm that an individual poses to persons served by a licensed facility, prohibiting the commissioner from setting aside the disqualification of an individual whose parental rights were involuntarily terminated under circumstances where the commissioner could set aside the disqualification if the individual's parental rights had been voluntarily terminated is a denial of equal protection under the Minnesota Constitution. 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, Due Process, and Remedies Clauses of the Minnesota Constitution. We reverse on equal-protection grounds and remand for reconsideration. FACTS Relator Shannon Murphy's parental rights with respect to two children were involuntarily terminated in 1986. The termination order indicates that the termination was due to emotional problems that rendered relator "unable to parent either of [her] two 2

children by herself." According to the termination order, these problems were caused by "emotional abuse by a male companion, which . . . [relator] was unable to handle" and led to relator's psychiatric hospitalization. In 2003, relator sought employment at several facilities that provided foster-care services to mentally ill adults and were licensed by the commissioner of human services under the Human Services Licensing Act, Minn. Stat.

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