STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CYNTHIA ANN FISCHER, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1231

)

YOUTH SERVICES PROGRAM ) OFFICE, DEPARTMENT OF HEALTH ) AND REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 2:00 p.m., on August 10, 1978, in the Conference Room, Alyce D. McPherson School, 111

1. 25th Avenue, Ocala, Florida.

   
   

   APPEARANCES

   
   

   Douglas E. Whitney, Esquire, appeared as counsel for Respondent, Youth Services Program Office, Department of Health and Rehabilitative Services, and Cynthia Ann Fischer, Petitioner, and a child under commitment to Respondent, appeared in her own behalf.

   
   

   Respondent (hereafter HRS), pursuant to Section 959.156, Florida Statutes, and Chapter 10H-9, Florida Administrative code, seeks to revoke the furlough of Petitioner (hereafter Fischer) on the grounds that Fischer has knowingly violated a condition of her furlough agreement in a material respect.

   
   

   FINDINGS OF FACT

   
   

   1. Fischer is a child under commitment to the Department of Health and Rehabilitative Service who on May 24, 1978, was granted the privilege of transferring to a community placement under the direct supervision and authority of the Bureau of Fields Services, Division of Youth Services. The transfer was the subject of a furlough agreement entered into by Fischer with HRS on the same date.

      
      

   2. On May 31, 1978, Fischer was furloughed from the Alyce D. McPherson School, Ocala, Florida, and released to the custody of Mr. Rolf Fischer, the brother of Fischer's natural father who had raised her since she was sixteen

      (16) months old.

      
      

   3. On June 6, 1978, Fischer was placed on a contract with her counselor, Francine Nelms, for the week of June 6, 1978, to June 13, 1978. The contract provided that Fischer could not leave her residence without her stepfather being with her, that she was to do all her chores and that she was to maintain an

      attitude of respect toward her stepfather. Fischer did not sign the contract although she read it and indicated that she understood it.

      
      

   4. On June 7, 1978, Fischer left her stepfather's place of residence without permission and travelled around the State of Florida by hitchhiking and riding the bus. She was apprehended in Venice, Florida, by the Venice Police Department.

      
      

   5. Pursuant to a hearing conducted by Mr. Arrie Owens, Youth Services Program Specialist of HRS, on June 21, 1978, Fischer had her furlough revoked because she failed to abide by her furlough agreement by virtue of her leaving her place of residence without permission. Fischer subsequently commenced this appeal.

      
      

      CONCLUSIONS OF LAW

      
      

   6. It is concluded that Fischer has violated her furlough agreement in a material respect by leaving her place of residence without permission for a five

(5) day period. It is in Fischer's best interest that the revocation of her furlough be upheld. It is therefore.

RECOMMENDED that the revocation of Cynthia Ann Fischer's furlough agreement be affirmed.

DONE and ENTERED this 7th day of September, 1978, in Tallahassee, Florida.

MICHAEL R. N. McDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mr. Arrie Owens

Youth Services Program Specialist Department of HRS, District VII Suite 810, 400 W. Robinson Street

Orlando, Florida 32801

Ms. Cynthia A. Fischer

c/o Alyce D. McPherson School

111 S.E. 25th Avenue Ocala, Florida

Douglas E. Whitney, Esquire District VII

1350 North Orange Avenue Winter Park, Florida 32789

Docket for Case No: 78-001231

Orders for Case No: 78-001231