STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1579

)

SHANE JOSEPH JOHNSON, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held on June 22, 1984, in Hollywood, Florida, by Diane K. Kiesling, designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Harold L. Braynon, Esquire

District X Legal Counsel

201 West Broward Boulevard

Fort Lauderdale, Florida 33301-1185

For Respondent: David L. Kreider

1915 Harrison Street

Hollywood, Florida 33020-5098

The issue is whether the furlough of Shane Joseph Johnson should be revoked on the grounds that Mr. Johnson violated a condition of his furlough.

The Department of Health and Rehabilitative Services presented the testimony of Carol Connor together with three exhibits. Mr. Johnson, through his mother, presented the testimony of his mother, Judith Johnson Whippel.

FINDINGS OF FACT

1. Shane Joseph Johnson is a child under commitment to the Department of Health and Rehabilitative Services who was granted the privilege of transferring to a community placement under the supervision and authority of the Division of Youth Services. The transfer was the subject of a furlough agreement entered into by Johnson with HRS.

   
   

2. On August 30, 1983, Shane Johnson signed a furlough agreement which required him to attend the Starting Place and to obey his parents and counselor.

   
   

3. On February 21, 1984, Shane Johnson was terminated from the Starting Place for violation of the rules.

4. On March 7, 1984, Shane Johnson entered into another furlough agreement which required him to enroll in school full-time at Hollywood Hills High School and to engage in part-time employment at Ferrara's Restaurant. The furlough agreement additionally required that Shane Johnson obey all laws and comply with other general conditions of the furlough.

   
   

5. On March 22, 1984, Shame Johnson was fired from his job at Ferrara's Restaurant.

   
   

6. On April 2, 1984, Shane Johnson was suspended from Hollywood Hills High School because he was caught in possession of marijuana on the school grounds.

   
   

7. According to Carol Connor, Shane Johnson's human services counselor, Shane Johnson admitted that he was using marijuana while at the Starting Place and admitted that he had a marijuana joint at school when he was suspended. Additionally, Shane Johnson acknowledged that he had lost his job.

   
   

8. Based on these violations, Ms. Conner recommended that Shane Johnson's furlough be revoked.

   
   

9. A hearing was held by the Department of Health and Rehabilitative Services on the recommendation of revocation and an order of Revocation was entered on April 11, 1984. It is this order of Revocation which is appealed herein.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes (1983).

    
    

11. It is concluded that Shane Johnson has violated his furlough agreement in a material respect by being terminated from the Starting Place, being terminated from his job, and being suspended from school for possession of marijuana. It is therefore concluded that adequate grounds for revocation of the furlough have been established.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the revocation of Shane Joseph Johnson's furlough be affirmed. DONE and ENTERED this 5th day of July, 1984, in Tallahassee, Florida.

DIANE K. KIESLING, 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 5th day of July, 1984.

COPIES FURNISHED:

Harold Braynon, Esquire District X Legal Counsel

201 W. Broward Boulevard

Ft. Lauderdale, Florida 33301-1185

David L. Kreider 9015 Harrison Street

Hollywood, Florida 33020

David Pingree Secretary

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 84-001579

Orders for Case No: 84-001579