STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACKIE CAMERON, )

)

Petitioner, )

)

vs. ) Case No. 99-2814

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly-designated Administrative Law Judge, Mary Clark, held a formal hearing in the above-styled case on October 14, 1999, by videoconference. The parties, counsel, and court reporter participated from a videoconference center in Orlando, Florida; the Administrative Law Judge presided from the videoconference center at the Division of Administrative Hearings in Tallahassee, Florida.

APPEARANCES

For Petitioner: Jackie Cameron, pro se

4615-8 Nikki Court, Apartment 8

Orlando, Florida 32822

For Respondent: Carmen M. Sierra, Esquire

Department of Children and Family Services

400 West Robinson Street Orlando, Florida 32801

STATEMENT OF THE ISSUE

Petitioner has requested an exemption from her disqualification from certain employment on account of her prior criminal record. The issue for disposition here is whether the Department of Children and Family Services (DCFS) should grant that exemption.

PRELIMINARY STATEMENT

This case was referred to the DOAH for an evidentiary hearing upon Petitioner's request after DCFS denied her request for exemption pursuant to Chapter 435, Florida Statutes.

At the hearing, Petitioner testified on her own behalf and presented the additional testimony of Nancy Nightingale, a DCFS public assistance specialist supervisor. Respondent presented a single exhibit, court records, marked and received into evidence without objection as Respondent's Exhibit no. 1.

No transcript was filed; Respondent filed its Proposed Recommended Order on October 21, 1999.

FINDINGS OF FACT

1. Jackie Cameron is 36 years old and lives in Orlando with her two daughters. Another child, a son, is living with his father, to whom Ms. Cameron is no longer married.

2. In 1995, when she was living in New York, Ms. Cameron pled guilty and was convicted of a misdemeanor: endangering the welfare of a minor. She was sentenced to 3 years' probation and has successfully served that probation.

3. Ms. Cameron had a difficult childhood and early adulthood. She was abused as a child and spent time in foster and group homes. She pled guilty to the offense as charged because she did not want to take the chance of being sent to jail and having her children placed in foster homes.

4. The incident for which Ms. Cameron was convicted occurred on a day when she had several children visiting and playing with her children. She noticed that her 5 year old daughter and a boy, also 5 years old, were missing. She went upstairs and found the two children in the bedroom pulling up their underpants. The boy had a reputation for improper sexual activity. Ms. Cameron spanked both children on their hands with a cloth belt that had a leather tip and she instructed her older daughter to take the boy back to his home up the street.

5. Concerned about the boy's behavior, Ms. Cameron called Child Protective Services to report him. Although Ms. Cameron and the boy's family had been close friends and neighbors, the relationship turned ugly. The boy's family insisted that Ms. Cameron had abused the boy and left bruises on his back. In fact, according to Ms. Cameron, the child had been spanked that morning by someone else. Still, she pled guilty, as described above, to avoid the chance that her own children would be jeopardized.

6. In her early youth and up until 1993, Ms. Cameron had several other criminal charges, including petit larceny, criminal

   possession of a forged instrument, and grand larceny and forgery. She has paid the penalties for those offenses by serving probation and making restitution. Ms. Cameron moved to Florida with her daughters to get away from the negative influences in her life.

7. While in Florida, Ms. Cameron worked as a volunteer for DCFS for approximately 14 months as a WAGES (welfare-to-work program) clerk. She filed, copied documents, and handed out paperwork. According to her supervisor, Nancy Nightingale, she was a good, dependable worker. She was hired as a regular employee in January 1999, and was terminated in March 1999, when her background screening revealed the 1995 misdemeanor offense from New York.

8. Since her termination from DCFS Ms. Cameron has worked steadily in the children's department at Burdines Department Store. She is proud of her daughters and they are doing well; the oldest has a 3.0 grade average in school.

9. Ms. Cameron acknowledges her wrongdoing in the past and credits good people like Nancy Nightingale with helping her learn from her mistakes and to "grow up." She understands what she needs to do to stay out of trouble; she has learned to be independent and works hard. She wants to be a positive example for her children and, foremost, she wants to maintain a home for her children and to remain a good and loving mother to them.

10. By her uncontroverted and credible evidence, Ms. Cameron has demonstrated that she will not present a danger if continued employment is allowed.

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction in this proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes.

12. Section 435.06, Florida Statutes, provides that employers or licensing agencies must terminate or remove an employee from covered employment when a background screen reveals certain disqualifying criminal history. Section 435.07, Florida Statutes, provides for exemptions from disqualification when the employee demonstrates by clear and convincing evidence that the employee should not be disqualified from employment. Employees seeking an exemption have the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if continued employment is allowed. The decision of the licensing department regarding an exemption may be contested through the hearing procedures set forth in Chapter 120, Florida Statutes.

13. As found above, Ms. Cameron has provided the requisite proof in her own candid testimony and the supportive testimony of her supervisor. Respondent presented no testimony or evidence beyond the mere fact of the conviction to controvert that proof.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That the agency issue its final order granting Petitioner's request for exemption.

DONE AND ENTERED this 8th day of November, 1999, in Tallahassee, Leon County, Florida.

MARY CLARK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1999.

COPIES FURNISHED:

Jackie Cameron

4615-8 Nikki Court, Apartment 8

Orlando, Florida 32822

Carmen M. Sierra, Esquire Department of Children and

Family Services

400 West Robinson Street Orlando, Florida 32801

Samuel C. Chavers, Acting Agency Clerk Department of Children and

Family Services Building 2, Room 204B 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

John S. Slye, General Counsel Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order must be filed with the agency that will issue the final order in this case.

Docket for Case No: 99-002814

Orders for Case No: 99-002814