STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 82-818

)

CHRISTOPHER COBB, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on September 22, 1982, in Tampa, Florida. The issue for determination at the hearing was whether the respondent's furlough from residential commitment was properly revoked.

APPEARANCES

For Petitioner: Amelia M. Park

District VI Legal Counsel 4000 West Buffalo Avenue Tampa, Florida 33614

For Respondent: Christopher Cobb

Post Office Box 490 Arthur G. Dozier School Marianna, Florida 32446

and

Julia Cobb

1527 Lancelot Loop

Tampa, Florida 33619 FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. In October of 1981, respondent Christopher Cobb was transferred from the Arthur G. Dozier School to a community placement and was placed in furlough status. He entered into a Furlough Agreement with Youth Services, Department of Health and Rehabilitative Services, the terms of which had previously been worked out between Sharon Brown, respondent's furlough counselor, and respondent's mother, Julia Cobb. Among the terms of the Furlough Agreement signed by respondent were that he not change his residence without the consent of his counselor, attend school regularly unless excused, stay away from drugs and bars and maintain a curfew of 10:00 P.M. on week nights and 12:00 P.M. on weekends.

2. In the early part of December, 1981, respondent's furlough counselor had information that respondent was not complying with the terms of his Furlough Agreement. On December 3, 1981, respondent signed a "Contract" stating that he would attend school unless sick, stay away from bars and drugs and keep his curfew hours. The "Contract" further noted that "Mrs. Brown has warned me she will revoke my furlough if I do not do these things.

   
   

3. Respondent's mother, Julia Cobb, informed respondent's furlough counselor that respondent was not keeping his curfew hours and that, at one point, he was living at an unknown address. Respondent's school attendance was not good and respondent admitted to his counselor that he had taken drugs. On at least one occasion, respondent failed to keep a scheduled appointment with his counselor. Respondent admits that he missed school, broke his curfew hours, did not tell his counselor where he was living for a period of time and did use drugs.

   
   

4. In February of 1982, respondent's counselor recommended to her Program Supervisor that respondent's furlough be revoked based upon respondent's violation of the conditions of his Furlough Agreement. By letters dated February 16, 1982, respondent and his mother were informed that a revocation of furlough hearing would be held on February 19, 1982, and the reasons for the recommendation of revocation were specifically set forth. A hearing was held on February 19, 1982, and respondent and his mother attended that hearing. The Hearing Officer went over each of the charges with respondent and respondent agreed that he had not attended school regularly, did not inform his counselor as to where he was residing, did not maintain his curfew hours and failed to keep scheduled appointments with his counselor.

   
   

5. Respondent's furlough was revoked and he was returned to the Arthur G. Dozier School in Marianna, Florida. He requested an "appeal in hope that I could have another hearing" and the Department of Health and Rehabilitative Services forwarded this request to the Division of Administrative Hearings.

   
   

   CONCLUSIONS OF LAW

   
   

6. The evidence adduced at the hearing reveals that there are really no factual disputes between the parties. Respondent was furloughed from residential commitment and entered into a Furlough Agreement prior to his release from the Dozier School. There was no contention made that he did not understand the terms and conditions of the Furlough Agreement. Certain conditions were reemphasized to him in early December, 1981, and he was again warned that his furlough would be revoked if he did not attend school, maintain his curfew hours and stay away from drugs and bars. Respondent admits that he did not comply with these terms and conditions of his furlough, and further admits that he did not keep his counselor informed of his place of residence and failed to keep scheduled appointments with his counselor. The evidence illustrates, and there is no contention to the contrary, that the Department fully complied with the procedural requirements pertaining to the revocation of furlough as set forth in Chapter 10H-9, Florida Administrative Code.

   
   

7. The undersigned recognizes that the propriety of the respondent's placement or treatment at the Dozier School is not an issue in this proceeding. However, the respondent's testimony regarding what he perceives to be his problem is deserving of attention by those individuals charged with the responsibility of appropriate placement consistent with the child's needs. The respondent believes that he has a drug problem, and feels that he has sought

help and rehabilitation in this realm from HRS personnel. He states that he currently has access to drugs at the Dozier School, will continue to use them if they are available and desires to be removed from this environment to one which will address his problems with drugs.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that a Final Order be entered sustaining the revocation of furlough on the grounds that respondent violated the terms of his Furlough Agreement.

Respectfully submitted and entered this 14th day of October, 1982, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 1982.

COPIES FURNISHED:

Christopher Cobb Post Office Box 490

Arthur G. Dozier School Marianna, Florida 32446

Julia Cobb

1527 Lancelot Loop

Tampa, Florida 33619

Amelia M. Park, Esquire District VI Legal Counsel 4000 West Buffalo Avenue Tampa, Florida 33614

David Pingree, Secretary Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-000818

Orders for Case No: 82-000818