STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL ORY, )

)

Petitioner, )

)

vs. ) CASE NO. 80-403

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on June 3, 1980, in Ocala, Florida.

APPEARANCES

For Petitioner: Michael Ory

Alyce McPherson School Post Office Box 1359 Ocala, Florida 32670

For Respondent: Doug Whitney, Esquire

District VII Counsel Department of Health and

Rehabilitative Services

400 West Robinson Street, Room 912 Orlando, Florida 32801

By letter received by Respondent, Department of Health and Rehabilitative Services ("Respondent"), Michael Ory ("Petitioner"), requested an administrative hearing pursuant to Section 120.57(1), Florida Statutes, and Rule 10H-9.06, Florida Administrative Code, concerning Respondent's transfer of Petitioner from Orange Halfway House in Orange County, Florida, to Alyce McPherson School in Ocala, Florida. Thereafter, by letter dated March 3, 1980, Respondent requested that a Hearing Officer from the Division of Administrative Hearings he assigned to conduct the hearing in this cause. Final hearing was scheduled for June 3, 1980, by Notice of Hearing dated May 15, 1980.

At the final hearing, Petitioner testified in his own behalf and called Donald Poole and Clint Bates as additional witnesses, Respondent called Arrie Owens, Joe Carlevaro, Ada Foster and Rich Heuser as its witnesses.

FINDINGS OF FACT

1. Until on or about January 30, 1980, Petitioner was placed in Orange Halfway House, a home for young men between the ages of 15 years and 18 years. Petitioner was placed in that facility by virtue of a court order entered

   pursuant to Chapter 39, Florida Statutes. There is very little internal security at Orange House, the residents instead being given a great deal of responsibility for controlling their own conduct. In the course of a youth's confinement, the staff of that facility conduct group counseling meetings which each youth is expected to attend. The rules of Orange House provide that a youth may leave group counseling meetings with permission of the group leader.

   
   

2. In addition to counseling and school classroom activities, residents of Orange House are assigned work tasks at that facility. In the course of performing cleaning work at Orange House on January 18, 1980, Petitioner became involved in a dispute with two staff members. In the course of this dispute, Petitioner threatened bodily harm to a female staff members, and in addition used abusive and vulgar language toward both staff members when counseling was attempted.

   
   

3. During the course of his stay at Orange House, Petitioner on at least five occasions has left class or group counseling sessions without permission of his leader. Petitioner has consistently resisted counseling attempts to assist him in dealing with the problems evidenced by his behavior while at Orange House. On or about January 6, 1980, Petitioner threatened to assault another resident of Orange House with a steel pipe. On this occasion, Petitioner was restrained by staff members and counselors at Orange House.

   
   

4. As a result of the foregoing instances of inappropriate behavior, administrators at Orange House recommended that Petitioner be transferred to a more restrictive and secure facility. On January 29, 1980, a transfer hearing was held for Petitioner at Orlando Detention Center. This hearing resulted in an order transferring Petitioner to Alyce D. McPherson School in Ocala, Florida. It is this order which gave rise to the instant proceeding.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding. Section 120.57(1), Florida Statutes; Rule 10H-9.06, Florida Administrative Code.

   
   

6. Petitioner has failed to demonstrate that his transfer to Alyce McPherson School is not in his best interests, that said transfer violated the conditions of his furlough or supervision agreement, or that sufficient extenuating or mitigating circumstances exist which indicate that his transfer should not be effectuated. To the contrary, the record in this proceeding clearly establishes that Respondent's transfer of Petitioner to Alyce McPherson School was appropriate.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the State of Florida, Department of Health and Rehabilitative Services, upholding transfer of Petitioner, Michael Ory, from Orange Halfway House to Alyce McPherson School.

DONE and ENTERED this 16th day of July, 1980, in Tallahassee, Florida.

WILLIAM E. WILLIAMS

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Michael Ory

Alyce McPherson School Post Office Box 1359 Ocala, Florida 32670

Douglas E. Whitney, Esquire District VII Counsel Department of HRS

400 West Robinson, Room 912 Orlando, Florida 32801

Mr. and Mrs. William Levy

16 Emerald Way

Silver Springs Shores Ocala, Florida 32673

Docket for Case No: 80-000403

Orders for Case No: 80-000403