.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. LINCOLN SCHAUB, )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 82-2306

   )

   DEPARTMENT OF HEALTH AND )

   REHABILITATIVE SERVICES, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   This case was heard pursuant to notice on October 13, 1982, in West Palm Beach, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on Petitioner's request for a formal hearing on the decision by the Department of Health and Rehabilitative Services to transfer the Petitioner from a drug treatment program to a more restricted program.

   
   

   APPEARANCES

   
   

   For Petitioner: Thomas Rolle, Esquire

   Assistant Public Defender

   224 Datura Street

   West Palm Beach, Florida 33401

   
   

   For Respondent: K. C. Collette, Esquire

   Department of Health and Rehabilitative Services

   111 Georgia Avenue

   West Palm Beach, Florida 33401 ISSUE

   The issue presented is whether Petitioner should be transferred from "Here's Help", a drug treatment program, to a more restricted program at the Florida State School for Boys at Okeechobee.

   
   

   FINDINGS OF FACT

   
   

   1. The Petitioner, A. Lincoln Schaub, was committed to the custody of the Department of Health and Rehabilitative Services by order of the juvenile court in Palm Beach County, Florida, on May 24, 1982, and placed in a drug program called "Here's Help" in Miami after his arrest on burglary charges.

      
      

   2. After two weeks at home prior to entering the program, Petitioner entered "Here's Help" on June 8, 1982.

   3. On June 21, 1982, Petitioner left the "Here's Help" program without consent or knowledge.

      
      

   4. On June 25, 1982, Petitioner's mother reported that Petitioner had returned home.

      
      

   5. Petitioner's parents subsequently transported him to detention. On July 17, 1982, he was arrested for burglaries allegedly committed while he was absent from the "Here's Help" program.

      
      

   6. The Department had a transfer hearing on July 29, 1982, and found that Petitioner had left "Here's Help" without consent. Based on that hearing, Petitioner was transferred to the Florida State School for Boys at Okeechobee.

      
      

   7. Petitioner left "Here's Help" because he had received demerits for a dirty locker and because he was not permitted to work.

      
      

   8. While absent from "Here's Help", Petitioner used narcotic drugs and was arrested for several burglaries.

      
      

   9. Petitioner evidenced a lack of self-discipline and an inability at this time to remain in a program voluntarily.

      
      

   10. Petitioner has a drug addiction problem.

       
       

       CONCLUSIONS OF LAW

       
       

   11. The Department of Health and Rehabilitative Services has authority to direct a program for Petitioner's rehabilitation as a juvenile pursuant to Chapter 959, Florida Statutes, and pursuant to Petitioner's commitment to custody of the Department by order of the juvenile court. The Division of Administrative Hearings has authority to hear this cause and enter a recommended order pursuant to Section 120.57(1), Florida Statutes.

       
       

   12. The issue in this case is whether the decision by the Department to transfer Petitioner from "Here's Help" to the Florida State School for Boys at Okeechobee is in the Petitioner's best interest. The facts reveal that Petitioner was legally committed to the custody of the Department and placed in a drug treatment program for his benefit. Petitioner agreed to remain in the program as a condition of placement. Without consent or knowledge of those in charge of the program, Petitioner left. The circumstances of his leaving and subsequent use of drugs indicate his lack of self-discipline. While Petitioner needs to obtain treatment for his drug addiction, he also must possess the ability to discipline himself sufficiently to remain in the program and conform to its rules. The activities of Petitioner while absent from the program further indicate that he cannot be left on his own. The decision to place Petitioner in the Florida State School for Boys in Okeechobee is in Petitioner's best interest at this time.

RECOMMENDATION

Having found that the Department's initial decision to place Petitioner in the Florida State School for Boys is in the Petitioner's best interest, it is so recommended.

DONE and RECOMMENDED this 21st day of October, 1982, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, 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 21st day of October, 1982.

COPIES FURNISHED:

Thomas Rolle, Esquire Assistant Public Defender

224 Datura Street

West Palm Beach, Florida 33401

K. C. Collette, Esquire Department of HRS

111 Georgia Avenue

West Palm Beach, Florida 33401

Mr. & Mrs. Melvin Schaub

Route 1, Box 642 (Loxahatchee) Pompano Beach, Florida 33060

Ms. Judith Hill, Supervisor Children, Youth and Families Program

111 Georgia Avenue

West Palm Beach, Florida 33401

David H. Pingree, Secretary

Attn: Susan B. Kirkland, Esquire Department of HRS

1317 Winewood Boulevard Building One, Room 406 Tallahassee, Florida 32301

Docket for Case No: 82-002306

Orders for Case No: 82-002306