Florida Senate - 2017 SB 1580 By Senator Gibson 6-01010B-17 20171580__ 1 A bill to be entitled 2 An act relating to admission of children and 3 adolescents to mental health facilities; amending ss. 4 394.4599 and 394.4785, F.S.; requiring a receiving 5 facility or a mental health treatment facility to 6 refer the case of a minor admitted to such facility 7 for a mental health assessment to the clerk of the 8 court for the appointment of a public defender within 9 a specified timeframe; granting the minor’s attorney 10 access to relevant records; requiring a hearing 11 involving a child under a specified age to be 12 conducted in the physical presence of the child; 13 providing penalties; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (c) of subsection (2) of section 18 394.4599, Florida Statutes, is amended to read: 19 394.4599 Notice.— 20 (2) INVOLUNTARY ADMISSION.— 21 (c)1.a. A receiving facility shall give notice of the 22 whereabouts of a minor who is being involuntarily held for 23 examination pursuant to s. 394.463 to the minor’s parent, 24 guardian, caregiver, or guardian advocate, in person or by 25 telephone or other form of electronic communication, immediately 26 after the minor’s arrival at the facility. The facility may 27 delay notification for no more than 24 hours after the minor’s 28 arrival if the facility has submitted a report to the central 29 abuse hotline, pursuant to s. 39.201, based upon knowledge or 30 suspicion of abuse, abandonment, or neglect and if the facility 31 deems a delay in notification to be in the minor’s best 32 interest. 33 b. If the minor is under the age of 18, the receiving 34 facility shall refer the case to the clerk of the court for the 35 appointment of a public defender within the first 24 hours after 36 the minor’s arrival for potential initiation of a judicial 37 review hearing. An attorney who represents the minor shall have 38 access to all records relevant to the presentation of the 39 minor’s case. All hearings involving children under the age of 40 18 shall be conducted in the physical presence of the child and 41 not by electronic or video means. A person who violates this 42 sub-subparagraph commits a misdemeanor of the first degree, 43 punishable as provided in s. 775.082 or s. 775.083. 44 2. The receiving facility shall attempt to notify the 45 minor’s parent, guardian, caregiver, or guardian advocate until 46 the receiving facility receives confirmation from the parent, 47 guardian, caregiver, or guardian advocate, verbally, by 48 telephone or other form of electronic communication, or by 49 recorded message, that notification has been received. Attempts 50 to notify the parent, guardian, caregiver, or guardian advocate 51 must be repeated at least once every hour during the first 12 52 hours after the minor’s arrival and once every 24 hours 53 thereafter and must continue until such confirmation is 54 received, unless the minor is released at the end of the 72-hour 55 examination period, or until a petition for involuntary services 56 is filed with the court pursuant to s. 394.463(2)(g). The 57 receiving facility may seek assistance from a law enforcement 58 agency to notify the minor’s parent, guardian, caregiver, or 59 guardian advocate if the facility has not received within the 60 first 24 hours after the minor’s arrival a confirmation by the 61 parent, guardian, caregiver, or guardian advocate that 62 notification has been received. The receiving facility must 63 document notification attempts in the minor’s clinical record. 64 Section 2. Section 394.4785, Florida Statutes, is amended 65 to read: 66 394.4785 Children and adolescents; admission and placement 67 in mental health facilities.— 68 (1) A child or adolescent as defined in s. 394.492 may not 69 be admitted to a state-owned or state-operated mental health 70 treatment facility. A child may be admitted pursuant to s. 71 394.4625 or s. 394.467 to a crisis stabilization unit or a 72 residential treatment center licensed under this chapter or a 73 hospital licensed under chapter 395. The treatment center, unit, 74 or hospital must provide the least restrictive available 75 treatment that is appropriate to the individual needs of the 76 child or adolescent and must adhere to the guiding principles, 77 system of care, and service planning provisions contained in 78 part III of this chapter. 79 (2) A person under the age of 14 who is admitted to any 80 hospital licensed pursuant to chapter 395 may not be admitted to 81 a bed in a room or ward with an adult patient in a mental health 82 unit or share common areas with an adult patient in a mental 83 health unit. However, a person 14 years of age or older may be 84 admitted to a bed in a room or ward in the mental health unit 85 with an adult if the admitting physician documents in the case 86 record that such placement is medically indicated or for reasons 87 of safety. Such placement shall be reviewed by the attending 88 physician or a designee or on-call physician each day and 89 documented in the case record. 90 (3) Within 24 hours after a person under the age of 18 is 91 admitted to a crisis stabilization unit or a residential 92 treatment center licensed under this chapter or a hospital 93 licensed under chapter 395, the facility administrator must 94 refer the case to the clerk of the court for the appointment of 95 a public defender for potential initiation of a judicial review 96 hearing. An attorney who represents the minor shall have access 97 to all records relevant to the presentation of the minor’s case. 98 All hearings involving children under the age of 18 shall be 99 conducted in the physical presence of the child and not by 100 electronic or video means. A person who violates this subsection 101 commits a misdemeanor of the first degree, punishable as 102 provided in s. 775.082 or s. 775.083. 103 Section 3. This act shall take effect July 1, 2017.