STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KEITH JARRETT, )

)

Petitioner, )

)

vs. ) Case No. 96-5907

) DEPARTMENT OF CHILDREN AND ) FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, conducted the final hearing by videoconference in Tallahassee, Florida, on June 2, 1997. The parties, attorneys for the parties, witnesses, and court reporter participated by videoconference in Fort Myers, Florida.

APPEARANCES

For Petitioner: Keith Jarrett, pro se

2421 Atlantic Circle

Lehigh Acres, Florida 33972

For Respondent: Deborah Studybaker

District Screening Attorney Department of Children

and Family Services Post Office Box 60085

Fort Myers, Florida 33906 STATEMENT OF THE ISSUE

The issue is whether Petitioner is entitled to an exemption from the disqualification from employment as "mental health personnel."

PRELIMINARY STATEMENT

By letter dated October 14, 1996, Respondent informed Petitioner that it had denied his request for an exemption from disqualification from employment as "mental health personnel." Petitioner timely requested a formal hearing.

At the hearing, Petitioner and Respondent each offered into evidence one exhibit, both of which were admitted

FINDINGS OF FACT

1. In 1979, when he was 19 years old, Petitioner murdered a woman who was a casual acquaintance. Shortly after the failure of a relationship with another woman, Petitioner went to a bar, drank for an extended period of time, and ran into the casual acquaintance. Petitioner and the woman returned to Petitioner's home and had sexual relations. The woman taunted Petitioner about his sexual performance, and he went to a nearby drawer, seized a World War II-era knife, and stabbed the woman repeatedly until she was dead.

2. Respondent does not attempt to justify the murder of the woman. Accepting full responsibility for the act, he explains only that he was under the influence of alcohol and other drugs at the time. He also mentions that he experienced a wave of self-repulsion immediately before committing the murder.

3. Following the murder, Respondent hid the body, which was discovered the following day. He was not arrested for two or

   three weeks. He admitted that he committed the murder. He was tried, found guilty of murder, and sentenced to 30 years in prison.

4. Respondent and his brother were raised in Illinois, where the murder took place. Their parents raised them in a conservative manner and placed them mostly in Christian schools. Respondent's brother eventually became a minister.

5. Respondent began experimenting with drugs in his early teens. He did poorly in school, eventually dropping out of high school. With ample cause, his parents threw Respondent out of the home, and Respondent continued using drugs, abusing alcohol, and generally not making anything of himself.

6. Once in prison, Respondent decided that he had to make something of his life. He took advantage of all educational opportunities, earning his high school diploma and later a college degree. He worked hard in prison at every vocational opportunity that presented itself. While still in prison, Respondent met a woman who volunteered at the prison, and they eventually married.

7. The State of Illinois released Petitioner from prison on September 1, 1983, and placed him on parole for three years. Petitioner completed his parole early due to his excellent adjustment to life outside prison.

8. For the first couple of years following his release from prison, Petitioner worked as a coordinator at a county mental

   health department in Illinois. He provided all forms of counseling, crisis intervention, and mental health evaluations.

9. Seeking greater opportunity, Petitioner relocated to Florida in 1995. Since July 1995, Petitioner has worked as an adult case manager at Hendry-Glades Mental Health Clinic. He has been responsible for monitoring all persons assigned to the Ruth Cooper Center's crisis stabilization unit, the state mental health hospital in Arcadia, and the Glades County Jail.

10. In his capacity as an adult case manager, Petitioner has been instrumental in obtaining Clozaril treatment for clients suffering from schizophrenia. Petitioner has worked closely with hospital personnel in screening and discharge planning.

11. At the same time, Petitioner became a charter member of the Hendry-Glades Domestic Violence Task Force. In this regard, Petitioner has helped counsel victims and perpetrators of domestic violence.

12. Working with persons suffering from intense mental illness, Petitioner is subjected to unusual pressures. However, those who work with him uniformly attest to his patience and professionalism under the challenging circumstances. Petitioner is enthusiastic and resourceful in his work. More importantly for the present case, Petitioner has consistently displayed self- control and appropriate demeanor in his personal and professional relationships. He has proved that he no longer poses a risk to other persons.

    CONCLUSIONS OF LAW

    
    

13. The Division of Administrative Hearings has jurisdiction over the subject matter. Sections 120.57(1) and 435.07(3), Florida Statutes. (All references to Sections are to Florida Statutes.)

14. Section 394.457(6) requires Respondent to screen all "mental health personnel" under Chapter 435, and authorizes Respondent to grant exemptions from employment disqualification, pursuant to Section 435.06.

15. Section 435.03(2)(b) provides that murder is a basis for disqualification from employment.

16. Section 435.07(1)(a) allows Respondent to grant Petitioner an exemption from disqualification from employment for felonies committed more than three years prior to the date of disqualification.

17. Section 435.06(3) requires Petitioner to prove by clear and convincing evidence that he should not be disqualified from employment. The evidence must show rehabilitation, including the circumstances surrounding the crime, the time period that has elapsed since the crime, the nature of the harm caused the victim, the history of Petitioner since the crime, and other indications that Petitioner "will not present a danger" if Respondent grants the exemption.

18. Petitioner has proved by clear and convincing evidence that he is entitled to an exemption.

RECOMMENDATION

It is

RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner an exemption from disqualification from working as mental health personnel.

DONE AND ENTERED this 1st day of July, 1997, in Tallahassee, Leon County, Florida.

ROBERT E. MEALE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1997.

COPIES FURNISHED:

Richard Doran, General Counsel Department of Children

and Family Services 1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

Gregory D. Venz, Agency Clerk Department of Children

and Family Services 1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

Keith Jarrett

2421 Atlantic Circle

Lehigh Acres, Florida 33972

Deborah Studybaker

District Screening Attorney Department of Children

and Family Services Post Office Box 60085

Fort Myers, Florida 33906-0085

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order must be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-005907

Orders for Case No: 96-005907