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Agency defends use of 'preponderance' standard for licensing decisions after acquittals
Summary
Committee members asked whether the department could revoke foster licenses when criminal charges were dismissed or a person acquitted; staff said licensing decisions use a preponderance-of-evidence standard and described safeguards and appeal rights.
Representative Meissinger asked why the department could revoke a license even when criminal charges had been dismissed or an individual acquitted. Jared Larson and Julie Savcheck explained the department uses a preponderance-of-evidence standard for administrative licensing matters, which is a lower evidentiary threshold than the criminal standard of beyond a reasonable doubt. Larson illustrated the difference with a civil-liability example: "You recall in the O.J. Simpson case that, he was acquitted of the murder but then found civilly liable to the family," he said, describing how the preponderance standard applies to licensing decisions.
Department staff emphasized safeguards: licensing staff consult supervisors and program managers before recommending revocation, cases may be referred to central office for review, and families have due-process and appeal rights if their license is denied or revoked. The committee heard these explanations and asked for additional written clarification as needed.
Staff said the policy aims to protect children by permitting licensing decisions based on a preponderance of evidence when concerns arise, while also preserving appeal processes for affected families.
