STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES O'NEAL, )

)

Petitioner, )

)

vs. ) CASE NO. 78-953

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

YOUTH SERVICES PROGRAM, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Gainesville, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on July 17, 1978.

APPEARANCES

For Petitioner: Petitioner appeared on his own behalf. For Respondent: Joseph E. Hodges, Esquire

3rd Floor, Oak Park Executive Square

2002 Northwest 13th Street Gainesville, Florida 32601

As a result of certain proceedings internal to respondent, petitioner was accused of "[violating condition number 4 of his Aftercare Agreement by leaving his assigned place of residence, i.e., the Social Economic Services Group Home, on January 10, 1978, without permission or notification of the Group Home Staff."

FINDINGS OF FACT

1. Until on or about December 22, 1978, respondent held petitioner James Alan O'Neal in custody at its Alyce D. McPherson School in Ocala. No question as to the validity of petitioner's initial commitment to respondent's custody arises in these proceedings.

   
   

2. On or about December 22, 1977, respondent released petitioner to the Social Economic Services Group Home in Gainesville, Alachua County, on conditions set forth in a furlough agreement, which petitioner signed and which was received in evidence as petitioner's exhibit No. 8. The fourth numbered condition in the furlough agreement is that petitioner "[n]ot change or leave residence . . . or . . . county of residence without the consent of the counselor."

3. Marty Richardson works for respondent as an intake counselor at the juvenile detention center in Daytona Beach. He first met petitioner at quarter of six one morning on or about March 19, 1978, shortly after petitioner had been arrested for breaking and entering. After Mr. Richardson gave petitioner Miranda warning, he heard petitioner admit that he had broken into a house in Volusia County and stolen drugs from the house.

   
   

4. Frank Lynch, employed by respondent as a probation aftercare counselor in Gainesville, testified without contradiction that no counselor gave his consent for petitioner to leave Alachua County.

   
   

   CONCLUSIONS OF LAW

   
   

5. The respondent established grounds for revocation of petitioner's furlough.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent's revocation of petitioner's furlough be upheld.

DONE and ENTERED this 14th day of August, 1978, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Joseph E. Hodges, Esquire 3rd Floor, Oak Park Executive Square

2002 N. W. 13th Street Gainesville, Florida 32601

James O'Neal

Alyce D. McPherson School Post Office Box 1359

111 S. E. 25th Avenue Ocala, Florida 32670

Docket for Case No: 78-000953

Orders for Case No: 78-000953