Florida Senate - 2019 SB 1418
By Senator Powell
30-01948A-19 20191418__
1 A bill to be entitled
2 An act relating to admission to mental health
3 facilities; amending ss. 394.4599 and 394.4785, F.S.;
4 requiring a court to appoint a public guardian for a
5 person who is subject to a petition for involuntary
6 services under certain circumstances; requiring the
7 clerk of the court to immediately notify the public
8 guardian of the appointment; providing requirements
9 for such public guardian; granting access to certain
10 persons and records for an attorney representing a
11 patient subject to a petition for involuntary
12 services; requiring such attorney to represent the
13 best interests of the patient; amending s. 394.4625,
14 F.S.; requiring the administrator of a receiving
15 facility to file a petition for voluntary placement
16 within a specified timeframe after a person younger
17 than a specified age is admitted for services or
18 transferred to voluntary status except when specified
19 parties agree in writing that treatment is in the
20 person’s best interest; providing requirements for
21 such petitions; requiring the court to hold a hearing
22 within a specified timeframe to verify consent under
23 certain circumstances; amending s. 394.499, F.S.;
24 requiring the administrator of a children’s crisis
25 stabilization unit or a juvenile addictions receiving
26 facility to file a petition for voluntary placement
27 within a specified timeframe after a person under a
28 specified age is admitted for services except when
29 specified parties agree in writing that treatment is
30 in the person’s best interest; requiring the court to
31 hold a hearing within a specified timeframe to verify
32 consent under certain circumstances; providing an
33 effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (c) of subsection (2) of section
38 394.4599, Florida Statutes, is amended to read:
39 394.4599 Notice.—
40 (2) INVOLUNTARY ADMISSION.—
41 (c)1.a. A receiving facility shall give notice of the
42 whereabouts of a minor who is being involuntarily held for
43 examination pursuant to s. 394.463 to the minor’s parent,
44 guardian, caregiver, or guardian advocate, in person or by
45 telephone or other form of electronic communication, immediately
46 after the minor’s arrival at the facility. The facility may
47 delay notification for no more than 24 hours after the minor’s
48 arrival if the facility has submitted a report to the central
49 abuse hotline, pursuant to s. 39.201, based upon knowledge or
50 suspicion of abuse, abandonment, or neglect and if the facility
51 deems a delay in notification to be in the minor’s best
52 interest.
53 b. Within 1 court working day after a petition for
54 involuntary services has been filed, the court shall appoint a
55 public defender to represent the person who is the subject of
56 the petition, unless the person is otherwise represented by
57 counsel. The clerk of the court must immediately notify the
58 public defender of the appointment. The public defender shall
59 represent the person until the petition is dismissed, the court
60 order expires, or the patient is discharged from involuntary
61 services. The attorney who represents the patient must be
62 provided access to the patient, witnesses, and records relevant
63 to the presentation of the patient’s case and shall represent
64 the interests of the patient, regardless of the course of
65 payment to the attorney.
66 2. The receiving facility shall attempt to notify the
67 minor’s parent, guardian, caregiver, or guardian advocate until
68 the receiving facility receives confirmation from the parent,
69 guardian, caregiver, or guardian advocate, verbally, by
70 telephone or other form of electronic communication, or by
71 recorded message, that notification has been received. Attempts
72 to notify the parent, guardian, caregiver, or guardian advocate
73 must be repeated at least once every hour during the first 12
74 hours after the minor’s arrival and once every 24 hours
75 thereafter and must continue until such confirmation is
76 received, unless the minor is released at the end of the 72-hour
77 examination period, or until a petition for involuntary services
78 is filed with the court pursuant to s. 394.463(2)(g). The
79 receiving facility may seek assistance from a law enforcement
80 agency to notify the minor’s parent, guardian, caregiver, or
81 guardian advocate if the facility has not received within the
82 first 24 hours after the minor’s arrival a confirmation by the
83 parent, guardian, caregiver, or guardian advocate that
84 notification has been received. The receiving facility must
85 document notification attempts in the minor’s clinical record.
86 Section 2. Section 394.4785, Florida Statutes, is amended
87 to read:
88 394.4785 Children and Adolescents; admission and placement
89 in mental health facilities.—
90 (1) A child or adolescent as defined in s. 394.492 may not
91 be admitted to a state-owned or state-operated mental health
92 treatment facility. A child may be admitted pursuant to s.
93 394.4625 or s. 394.467 to a crisis stabilization unit or a
94 residential treatment center licensed under this chapter or a
95 hospital licensed under chapter 395. The treatment center, unit,
96 or hospital must provide the least restrictive available
97 treatment that is appropriate to the individual needs of the
98 child or adolescent and must adhere to the guiding principles,
99 system of care, and service planning provisions contained in
100 part III of this chapter.
101 (2) A person under the age of 14 who is admitted to any
102 hospital licensed pursuant to chapter 395 may not be admitted to
103 a bed in a room or ward with an adult patient in a mental health
104 unit or share common areas with an adult patient in a mental
105 health unit. However, a person 14 years of age or older may be
106 admitted to a bed in a room or ward in the mental health unit
107 with an adult if the admitting physician documents in the case
108 record that such placement is medically indicated or for reasons
109 of safety. Such placement shall be reviewed by the attending
110 physician or a designee or on-call physician each day and
111 documented in the case record.
112 (3) Within 1 court working day after a petition for
113 involuntary services has been filed, the court shall appoint a
114 public defender to represent the person who is the subject of
115 the petition, unless the person is otherwise represented by
116 counsel. The clerk of the court must immediately notify the
117 public defender of the appointment. The public defender shall
118 represent the person until the petition is dismissed, the court
119 order expires, or the patient is discharged from involuntary
120 services. The attorney who represents the patient must be
121 provided access to the patient, witnesses, and records relevant
122 to the presentation of the patient’s case and shall represent
123 the interests of the patient, regardless of the course of
124 payment to the attorney.
125 Section 3. Paragraph (a) of subsection (1) and subsection
126 (4) of section 394.4625, Florida Statutes, are amended to read:
127 394.4625 Voluntary admissions.—
128 (1) AUTHORITY TO RECEIVE PATIENTS.—
129 (a) A facility may receive for observation, diagnosis, or
130 treatment any person 18 years of age or older making application
131 to the facility by express and informed consent for admission or
132 any person age 17 or under for whom such application is made by
133 his or her parent or legal guardian. If found to show evidence
134 of mental illness, to be competent to provide express and
135 informed consent, and to be suitable for treatment, such person
136 18 years of age or older may be admitted to the facility.
137 1. Within 24 hours after a person age 17 or under is
138 admitted for observation, diagnosis, or treatment or transferred
139 to voluntary status pursuant to subsection (4), except when the
140 minor, the parent or legal guardian of the minor, and the
141 psychiatrist or physician observing, diagnosing, or treating the
142 minor all agree in writing that treatment is in the best
143 interest of the minor, the administrator of the facility shall
144 file with the court in the county where such person is located a
145 petition for voluntary placement. Such petition shall include
146 all forms and information as required by the department,
147 including, but not limited to, the application for voluntary
148 admission or application to transfer to voluntary status; the
149 express and informed consent of the person age 17 or under and
150 his or her parent or legal guardian to admission for treatment;
151 certification that the disclosures required under s. 394.459 to
152 obtain such express and informed consent were communicated to
153 the person and his or her parent or legal guardian; and
154 pertinent demographic information about the person and his or
155 her parent or legal guardian, including whether a parenting plan
156 in a final judgment of dissolution of marriage or a final
157 judgment of paternity has been entered, whether the parent or
158 legal guardian is authorized to make health care decisions on
159 behalf of the person, and certification that a copy of the final
160 judgment or other document that establishes the authority of the
161 parent or legal guardian has been or will be provided to the
162 court. Upon filing, the clerk of the court shall provide copies
163 to the department, to the person age 17 or under, and to his or
164 her parent or legal guardian. A fee may not be charged for the
165 filing of a petition under this subparagraph.
166 2. Unless a continuance is granted, a court shall hold a
167 hearing within 5 court working days after a person age 17 or
168 under is may be admitted only after a hearing to verify that the
169 voluntariness of the consent to admission is voluntary.
170 (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
171 who is 18 years of age or older and who applies to be
172 transferred to voluntary status, or an involuntary patient who
173 is age 17 or under and whose parent or legal guardian has made
174 application on his or her behalf to transfer to voluntary
175 status, shall be transferred to voluntary status immediately,
176 unless the patient has been charged with a crime, or has been
177 involuntarily placed for treatment by a court pursuant to s.
178 394.467 and continues to meet the criteria for involuntary
179 placement. Within 24 hours after transfer to voluntary status of
180 a person age 17 or under, except when the minor, the parent or
181 legal guardian of the minor, and the psychiatrist or physician
182 observing, diagnosing, or treating the minor all agree in
183 writing that treatment is in the best interest of the minor, the
184 administrator of the facility shall file a petition in
185 accordance with subparagraph (1)(a)1. A court shall hold a
186 hearing within 5 court working days after receiving a petition
187 for voluntary placement for a patient age 17 or under to verify
188 that the consent to remain in the facility is voluntary. When
189 transfer to voluntary status occurs, notice shall be given as
190 provided in s. 394.4599.
191 Section 4. Paragraph (a) of subsection (2) of section
192 394.499, Florida Statutes, is amended to read:
193 394.499 Integrated children’s crisis stabilization
194 unit/juvenile addictions receiving facility services.—
195 (2) Children eligible to receive integrated children’s
196 crisis stabilization unit/juvenile addictions receiving facility
197 services include:
198 (a) A person under 18 years of age for whom voluntary
199 application is made by his or her parent or legal guardian, if
200 such person is found to show evidence of mental illness and to
201 be suitable for treatment pursuant to s. 394.4625. The
202 administrator of the facility shall file a petition for
203 voluntary placement, pursuant to s. 394.4625, within 24 hours
204 after a person under 18 years of age is admitted for integrated
205 facility services. Unless a continuance is granted, a court
206 shall hold a hearing within 5 court working days after a person
207 under 18 years of age is may be admitted for integrated facility
208 services only after a hearing to verify that the consent to
209 admission is voluntary.
210 Section 5. This act shall take effect July 1, 2019.