CASE STUDY
Navigating a Long-Standing Licensing Issue for a Child Care Professional
Background
A professional dedicated to serving local child care facilities through the Department of Social Services found her career abruptly derailed by an Accusation she never received. This Accusation contained serious allegations that were sufficient to disqualify her from current and future employment in her field. Unaware of these proceedings, our client did not respond, leading to a Default Decision and Order that went unchallenged for approximately 20 years.
Challenges
The primary challenge in this case was the significant time lapse since the Default Decision and Order. Typically, motions to vacate such decisions face steep hurdles if not filed within statutory timeframes. Additionally, the client was dealing with the longstanding professional and personal consequences of being disqualified from her field of work based on findings she had no opportunity to contest.
Our Approach
After the client approached our office two decades later, seeking to reclaim her career, we embarked on a strategic legal path. We filed a Petition for Reinstatement and a Motion to Vacate the Default Decision. Our approach focused on the unjust nature of the original proceedings due to our client’s lack of knowledge and opportunity to defend herself.
In our filings, we emphasized the significant impact of the Default Decision on our client’s life and career. We argued that the lapse in time should not preclude her from seeking justice, especially considering the severity of the consequences she had faced.
Outcome
In a notable turn of events, the Department granted our Motion, despite the considerable time that had passed. This decision reset the case for hearing, effectively nullifying the findings from the original Accusation as binding or final judgments. Our client now has the opportunity to defend herself and potentially clear her name, opening the door to resume her career in child care services.
Conclusion
This case underscores the critical importance of timely and informed responses to legal actions in professional licensing matters. It also highlights the potential for legal redress, even after significant time has passed. Our firm’s determination and expertise have provided our client a long-awaited chance to rectify a situation that has profoundly affected her life and career.
Experience - Dedication - Results
Clients Represented
1700
+
Success Rate
96
%
Years Experience
7
+