STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY

BETTY JOE WHITE

Petitioner,

v.

DEPARTMENT OF CHILDREN AND CASE NO. 99-1786

FAMILY SERVICES RENDITION NO. DCF-00-041-FO

Respondent.

/

FINAL ORDER DENYING EXEMPTION

THIS CAUSE is before me for entry of a Final Order based on a Recommended Order issued by an independent administrative law judge assigned to the case by the Division of Administrative Hearings.

This case involves a petitioner who, in 1988, pled no contest to a charge of aggravated child abuse, and, for a period of time, lost custody of her children. Petitioner's daughter, who testified on Petitioner's behalf, became an unwed mother at age 18 and still lives with Petitioner, who is helping to raise the daughter's child. When this daughter was 17, she claimed to have been raped by a 23 year old man who was living in Petitioner's home. She later recanted.

The Administrative Law Judge said that the daughter's behavior "continues to demonstrate a dysfunctional family." The Administrative Law Judge also said that Petitioner's 1997 decision to allow a 23 year old man to live in the same house with her 17 year old daughter "could demonstrate a tendency to poor judgment or neglect."

Those factors notwithstanding, the Administrative Law Judge also recommended that the exemption be granted because Petitioner's "ten years of penance is enough."

Penance, however, is not enough to demonstrate that one has met the legal standard for granting an exemption. Rather, the law requires that persons disqualified from employment demonstrate, by clear and convincing evidence, that rehabilitation has taken place since the disqualifying event occurred. Such evidence is necessary because it is the function

of this Department to ensure that it does not sanction placing vulnerable children in the care of dysfunctional families where judgment may be lacking.

While the Administrative Law Judge made no express finding relative to whether the standard of proof had been met in this case, she, nonetheless, recommended that the exemption be granted, and I must disagree with the inferred conclusion of law. Accordingly, I reject the recommended disposition of this cause. Calvin Phillips v. Department of Juvenile Justice, 736 So.2d 188 (Fla. 4th DCA 1999).

It is hereby ORDERED that petitioner's application for an exemption from disqualification from employment in a position of special trust pursuant to Section 435.07, Florida Statutes, is denied.

DONE and ORDERED this 3rd day of February, 2000, in Tallahassee, Leon County, Florida.

JUDGE KATHLEEN A. KEARNEY, Secretary

Department of Children and Family Services

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Copies furnished to:

Ella Jane Davis Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Sallie Harrison

Senior Human Services Program Specialist District 3 Legal Office

Department of Children and Family Services

Post Office Box 390, Mail Sort 3 Gainesville, FL 32602-0930

Lucy Goddard, Esquire District 3 Legal Office Department of Children and

Family Services

P.O. Box 390, Mail Sort 3 Gainesville, FL 32602-0390

Betty Joe White

P.O. Box 54112 Gainesville, FL 32627

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U. S. Mail or hand delivery to each of the above-named persons this 4th day of January, 2000.

Virginia Daire, Agency Clerk Department of Children and Family Services

1317 Winewood Blvd.

Tallahassee, FL 32399-0700

(850) 488-2381

Docket for Case No: 99-001786

Orders for Case No: 99-001786