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What is “conduct inimical” in the childcare and adult care?

If your childcare or adult care facility is under investigation by the Department of Social Services, then there’s a lot on the line. After all, if your facility is found to have seriously violated applicable regulations, then your operating license may be temporarily suspended and ultimately revoked. This, in turn, can cause a significant amount of harm to your business, disrupt your income, or force you to shut down operations.

Know how to address conduct that is inimical

Part of the code related to license suspension and revocation allows the Department to take action if it thinks that a facility has engaged in conduct that is “inimical to the health, morals, welfare, or safety of an individual in or receiving services from the facility.” In other words, in these situations the Department may move to suspend or revoke your license if it believes that actions taken at your facility have been harmful to those you serve.

What type of behavior is considered “inimical?”

This is a difficult question to answer since there’s very little caselaw on the subject. While that might leave you feeling uneasy, it also means that there’s a lot of room for legal argument. Of course, any behavior that is considered abuse or neglect will be deemed inimical in nature, but even something seemingly minor like understaffing can lead to allegations from the Department. Therefore, it’s important to consider the allegations in light of their context so that you can present evidence that shows that those you provide services for were not in danger or in harm’s way.

Know how to protect your interests

Most people have limited experience, if any, with the Department of Social Services. Yet, this agency has a lot of power. That’s why if you come into contact with the Department, it might be wise for you to contact an attorney. One of these legal professionals can guide you through the process while protecting your interests as fully as possible. In the even that allegations against your facility are substantiated, he or she may be able to help you successfully appeal that decision.

We know that it can be stressful and frustrating procedure, but attorneys like those at our firm stand ready to give you the rock-solid confidence that you need to position yourself as best as possible for success.


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