Not sure how to categorize....

[Blue_6321]

What is the name of your state?What is the name of your state? Minnesota

I hope I'm in the right forum, here goes.

I have applied for a home daycare license, and am told that it will be denied because I have grounds for a permanent disqualification.

24 years ago, my husband was 12, his sister was 6. It was discovered that they were inappropriately touching one another. No intercourse, both were unclothed. It was deemed through social services of that county (no court, no lawyers, nothing), that both children attend counseling. My husband attended his, his sister refused to participate in hers. Social services labeled it as "innapropriate behavior."

My husband sister in today losing her parental rights. My husband and I petitioned for custody of her child (our niece), and then his sister began claiming publicly that her brother raped her when they were children. The County said was essential they place the child quickly, so they placed her with her grandparents, because it would take too long to sort out her allegations against my husband.

Now, however, since she publicly accused her brother, it came up with my application for home daycare license. The County is deeming the incident as "criminal sexual conduct 2nd degree". My husband has no criminal background, just the inappropriate behavior, which there are not even any records of.

Can the county change it from "innapropriate behavior" to "criminal sexual conduct 2nd degree"? I feel like they are charging, and convicting him outside a court of law.

Who would I sue? How would I categorize this? Can they take an incident 24 years old, and apply that incident to todays standards? I.e. Back then it was bad behavior, now it's criminal conduct.....I'm confused.

Thank you very much for any help.

 

[Ummonx]

I am not a lawyer, but I have been doing some research into slander/defamation lately due to a case.

While I am not absolutely sure, it doesn't sound like you would likely win any case. When a crime is reported, you need to prove they had no reasonably valid cause to report a crime. The way I understand it, an example would be if I were getting a divorce and my wife accused me of child abuse to get sole custody and it could be proven that she reported it with no resonable cause, I might have a case for slander. If however my child had, say a bruise on his leg (regardless of the cause) a reasonable person could believe that I was abusing him regardless if the charge is false.

Since your case is he said, she said I would have to say that it would be impossible to prove.

I also understand that it is extremely hard to prove. Perhaps one of the lawyers here could correct me if I am wrong.

 

[Blue_6321]

Thank you Ummonx,

I know the 'he said she said' aspect would be basically unproveable.

The problems I am having a hard time understanding is the change from "inappropriate behavior" to "criminal sexual conduct 2nd degree". And why I cannot hold a daycare license because of something that happened when he was 12. He has no record of anything after that age.

It's not just the daycare. We won't be able to adopt, or take in foster children, like we had wanted to in the future.

Thank again for your time!