STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAWRENCE D. LATIMER, )

)

Petitioner, )

)

vs. ) CASE NO. 96-0927

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on June 18, 1996 by video teleconference before the Division of Administrative Hearings, by its designated Hearing Officer, Suzanne F. Hood. The Hearing Officer was located in Tallahassee, Florida, and the parties and one witness were located in Jacksonville, Florida.

APPEARANCES

For Petitioner: Lawrence D. Latimer, Pro Se

2100 Tuskegee Road

Jacksonville, Florida 32209

For Respondent: Roger L. D. Williams, Esquire

Department of Health and Rehabilitative Services

Post Office Box 2417 Jacksonville, Florida 32231

STATEMENT OF ISSUE

Whether the Petitioner should be granted an exemption from disqualification for failure to meet minimum screening requirements for good moral character as specified by Section 409.175(2)(h), Florida Statutes (1995).

PRELIMINARY STATEMENT

The Respondent Department of Health and Rehabilitative Services (Respondent) notified Petitioner Lawrence D. Latimer (Petitioner) by letter dated July 12, 1995 that he was disqualified from employment as a "family foster home parent" as defined in Section 409.175(2)(h), Florida Statutes (1993).

Respondent based Petitioner's disqualification on his failure to meet the minimum screening requirements for good moral character as specified by Section 409.175(4)(a)6, Florida Statutes (1993).

Petitioner requested an exemption hearing which the Agency conducted on August 1, 1995 at Respondent's office in the Robert's Building, Duval County, Florida. By letter dated August 9, 1995 Respondent denied Petitioner's request for exemption.

The Petitioner filed his request for a formal administrative hearing of the agency's denial on August 21, 1995. On February 21, 1996, Respondent referred this matter to the Division of Administrative Hearing for the assignment of an Hearing Officer.

Petitioner and his wife, Keturah Latimer, testified at the formal hearing.

The Respondent presented no witnesses and filed six (6) exhibits all of which were accepted into evidence without objection.

Neither party filed a transcript of the hearing with the Division of Administrative Hearings. However, Respondent filed an audio tape recording of the proceeding.

Respondent filed a proposed recommended order on June 26, 1996. Petitioner did not file proposed findings of fact or conclusions of law. The appendix to this Recommended Order contains specific rulings on each of Respondent's proposed findings of fact.

FINDINGS OF FACT

1. On May 11, 1986, an officer from the Office of Sheriff, Jacksonville, Duval County, Florida, arrested and charged Petitioner with battery on a spouse, a violation of Section 784.03, Florida Statutes, a first degree misdemeanor.

   
   

2. The incident arose when Petitioner's wife, Keturah Latimer, took the family car to arrange a visit between Petitioner's stepson and the stepson's father.

   
   

3. Angered by his wife's actions, Petitioner struck her with his fists causing considerable bruising to her forehead and head. He was twenty-eight years old at that time.

   
   

4. Petitioner spent thirteen days in jail and was released on bond. The record does not indicate the exact disposition of the case. However, Petitioner admits that he struck his wife. He also expressed remorse for his behavior.

   
   

5. Petitioner has a clean record subsequent to this incident in May of 1986. He is now thirty-eight years old.

   
   

6. Petitioner is raising his stepson, Demetrius, as his own son.

   
   

7. Petitioner and his wife are attempting to adopt Lashon, the daughter of a family friend. Respondent's protective services staff placed Lashon in the Latimer's home when Lashon was three weeks old. Lashon is now three years old.

   
   

8. The Respondent's protective supervision staff conducted a home study which found the Petitioner's home to be an appropriate placement for Lashon.

   
   

9. Petitioner has been employed for the past nine (9) years with Premier Plastering doing stucco work.

10. Petitioner attends church occasionally at Macedonia Baptist Church and his wife and children attend We're for Jesus Church.

    
    

11. The Latimer's have been married for seventeen (17) years and have three (3) sons of their own; they have had no involvement with Respondent's protective investigations staff.

    
    

12. Petitioner and his family attended and completed Respondent's training for prospective foster parents.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

14. Respondent placed a minor child in Petitioner's home for protective services. Petitioner is attempting to become a licensed foster parent in order to adopt the minor child.

    
    

15. In order to become a foster parent, Petitioner was required to undergo screening for good moral character. Sections 409.175(2)(h) and 409.175(4)(a)6, Florida Statutes (1993).

    
    

16. Section 409.175(2)(j), Florida Statutes (1993), states in pertinent part:

    
    

    (j) "Screening" means the act of assessing the background of personnel and includes, but is not limited to, employment history checks, checks of references, local criminal records checks through local law enforcement agencies, fingerprinting for all purposes and checks in this paragraph, statewide criminal records checks through the Department of Law Enforcement "

    
    

17. Section 409.175(4)(a)7c, Florida Statutes (1993), states that standards must also ensure that the person screened "[h]as not committed an act that constitutes domestic violence as defined in s. 741.30."

    
    

18. Section 741.30(1)(a), Florida Statutes (1993), defines domestic violence as follows:

    
    

    1. "Domestic violence" means any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.

       
       

19. Petitioner admitted that he committed an act of domestic violence in May of 1986 when he hit his wife in violation of Section 784.03, Florida Statutes.

20. In accordance with Section 409.175(4)(a)8, Florida Statutes (1993), Respondent may grant Petitioner an exemption from disqualification for acts of domestic violence.

    
    

    In order to grant an exemption to a person, the department shall have clear and con- vincing evidence to support a reasonable belief that the person is of good character so as to justify an exemption. The person shall bear the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circum- stances surrounding the criminal incident, the time period that has elapsed since the incident, the nature of the harm occasioned to the victim, and the history of the person since the incident or such other circum- stances that shall by the aforementioned standards indicate that the person will not present a danger to the safety or well-being of children.

    
    

21. Petitioner has met his burden of providing clear and convincing evidence that he is of good moral character so as to justify an exemption.

    
    

22. Petitioner committed domestic violence in 1986, ten years ago. Since that time, Petitioner has not been arrested or charged with any crime.

    
    

23. The Petitioner and his spouse have had three (3) additional children since the incident in 1986. Respondent's home study indicates that the Latimer home is an appropriate placement for the child they want to adopt.

    
    

24. Petitioner has a good employment record. He is a good provider for his family.

    
    

25. Mrs. Latimer testified regarding the change in Petitioner's behavior and her own forgiveness of his actions in 1986. Petitioner has learned to control his temper. He is a good father to all of his children.

    
    

26. Petitioner has rehabilitated himself based on the time period that has lapsed since the incident, the history of Petitioner since the incident and other circumstances set forth above.

RECOMMENDATION

Based upon the findings of fact and the conclusions of law, it is, recommended that Respondent enter a Final Order granting Petitioner an exemption from disqualification from employment as a family foster home parent.

DONE and ENTERED this 19th day of July, 1996, in Tallahassee, Leon County, Florida.

SUZANNE F. HOOD, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675 SUNCOM 278-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 1996.

APPENDIX

The following constitutes the undersigned's rulings on the parties' proposed findings of fact.

Petitioner's Proposed Findings of Fact

Petitioner did not file proposed findings of fact.

Respondent's Proposed Findings of Fact.

1-10. Accepted in substance and as restated in Findings of Fact 1-12 of this Recommended Order. The undersigned agrees with Respondent's findings of fact but not with the proposed conclusions of law. The testimony presented by the Latimers was very persuasive.

COPIES FURNISHED:

Roger L. D. Williams, Esquire Department of Health and

Rehabilitative Services Post Office Box 2417

Jacksonville, Florida 32231-0083

Lawrence D. Latimer 1608 Golf Forest Drive

Jacksonville, Florida 32205

Gregory D. Venz, Agency Clerk Department of Health and

Rehabilitative Services Building 7, Suite 728

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Richard Doran, Esquire Department of Health and

Rehabilitative Services 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-000927

Orders for Case No: 96-000927