CEO 85-73 -- October 24, 1985

CONFLICT OF INTEREST

D.H.R.S. DISTRICT INTAKE COUNSELOR EMPLOYED BY ADOLESCENT GROUP HOME

To: Mr. Timothy J. Lavin, District Intake Counselor, District 6, Children, Youth and Families Program, Department of Health and Rehabilitative Services, Bartow

SUMMARY:

No prohibited conflict of interest would be created were a district intake counselor for a D.H.R.S. District Children, Youth and Families Program to be employed on weekends with an adolescent group home which is licensed by and contracts with the Department. Here, the employee has no involvement with the licensing of the home, the contract between the Department and the home, or referrals from the Department to the home.

QUESTION:

Would a prohibited conflict of interest be created were you, a District Intake Counselor for a Department of Health and Rehabilitative Services District Children, Youth and Families Program office, to be employed on weekends with an adolescent group home which is licensed by and contracts with the Department?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed as a District Intake Counselor with the District 6B Children, Youth and Families Program of the Department of Health and Rehabilitative Services. In that position you are responsible for investigating and handling cases of abuse, neglect, and abandonment. You have been offered an "on-call" position working weekends for your former employer, an adolescent group home.

You also advise that the group home is licensed by District 6 as a residential child caring facility and has contracted with the District to provide residential services. The contract specifies that the group home will provide a therapeutic transitional group home service for emotionally disturbed adolescents, with the Department being responsible for paying a per diem rate for the care provided. You advise that you have no involvement with either the licensing of the group home or the contract between the Department and the home. Although Department clients are referred to the group home, all the referrals must come through the case review committee of a District of the Department and thus you play no role in the referral process.

We are of the opinion that your question is answered by the rationale of previous opinions CEO 83-84, CEO 83-85, CEO 84-20, CEO 84-24, and CEO 84-39. As was the situation in those opinions, you are not in a position to influence the licensure of the group home, the contract with the group home, or referrals to the group home.

Accordingly, we find that no prohibited conflict of interest would be created were you to accept part-time employment with the adolescent group home while serving as a District Intake Counselor for the Department.