Florida Senate - 2022                                    SB 1510
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00740A-22                                          20221510__
    1                        A bill to be entitled                      
    2         An act relating to the mental health of minors;
    3         amending s. 394.462, F.S.; requiring that
    4         transportation plans include options for transporting
    5         minors which do not involve marked police vehicles or
    6         uniformed law enforcement officers; creating s.
    7         394.4635, F.S.; defining the terms “immediately” and
    8         “serious bodily harm”; specifying the conditions that
    9         must be met for a minor to be taken to a receiving
   10         facility for involuntary examination; specifying
   11         requirements for initiating a minor’s involuntary
   12         examination and his or her transportation; specifying
   13         requirements for receiving facilities relating to such
   14         minors; requiring that court orders for involuntary
   15         examinations be made a part of the minor’s clinical
   16         record; prohibiting a fee from being charged for
   17         filing such orders; requiring facilities receiving
   18         minors for involuntary examination to provide certain
   19         orders and reports to the Department of Children and
   20         Families; providing for the validity of such orders;
   21         providing requirements for law enforcement officers
   22         initiating involuntary examinations of minors or
   23         transporting minors to such examinations; prohibiting
   24         minors undergoing involuntary examinations initiated
   25         by law enforcement officers from being held at medical
   26         facilities for longer than a specified period;
   27         providing an exception; requiring law enforcement
   28         officers who initiate an involuntary examination for a
   29         minor to execute a written report containing specified
   30         information; requiring facilities to send such reports
   31         to the department; requiring the law enforcement
   32         officer’s agency to retain such report and to provide
   33         a copy of the report to a minor’s parent or guardian
   34         upon request; requiring that certain reports and
   35         certificates be made part of a minor’s clinical
   36         records; requiring facilities receiving minors for
   37         involuntary examinations to create specified records;
   38         requiring facilities to submit such records and copies
   39         of certain reports to the department in a sworn
   40         report; authorizing the department to adopt rules;
   41         requiring facilities to notify minors and their
   42         parents or guardians of the minor’s right to counsel
   43         and to provide minors with the opportunity to
   44         immediately consult and be represented by counsel;
   45         providing requirements for the transportation of
   46         minors to facilities for involuntary examination;
   47         requiring specified examinations of minors admitted to
   48         a receiving facility after an involuntary examination
   49         is initiated by certain persons; requiring minors to
   50         be released from receiving facilities as soon as a
   51         specified determination is made; requiring facilities
   52         to have at least one staff member with the authority
   53         to make such determinations at the facility at all
   54         times; authorizing emergency treatment of minors under
   55         certain circumstances; requiring minors to be
   56         immediately released if a parent or guardian revokes
   57         consent for the minor’s admission; prohibiting an
   58         examination period from lasting longer than a
   59         specified amount of time; requiring that certain
   60         actions be taken within the examination period;
   61         requiring that a petition for involuntary services be
   62         filed in specified circumstances; prohibiting students
   63         from being removed from schools and transported to a
   64         receiving facility for involuntary examination unless
   65         certain requirements are met; requiring facilities to
   66         contact schools for specified information under
   67         certain circumstances; requiring facilities to notify
   68         the department if schools fail to provide such
   69         information; requiring the department, in consultation
   70         with the Department of Education, to take certain
   71         actions relating to such schools; prohibiting minors
   72         receiving treatment for mental illness from being
   73         deprived of specified privacy rights; providing
   74         construction; requiring minors to be provided with
   75         parental or guardian contact; providing an exception;
   76         providing construction; requiring receiving facility
   77         staff to consult with certain persons to ensure
   78         continuity of care and prevent disruption to existing
   79         medication regimens; requiring that certain conditions
   80         be met before giving or prescribing a minor certain
   81         psychotropic medication; providing remedies for minors
   82         for specified violations; providing immunity for
   83         certain persons acting in good faith; providing an
   84         exception; requiring facilities examining minors on a
   85         voluntary basis to provide the department with a
   86         report containing specified information and copies of
   87         certain other reports within a specified timeframe;
   88         requiring the department to annually publish specified
   89         data relating to such reports; providing construction;
   90         requiring the department to contract with a
   91         consultancy on crisis services to review the provision
   92         of crisis services for minors; providing requirements
   93         for such review; providing construction; amending s.
   94         394.467, F.S.; revising requirements for minors to be
   95         ordered for involuntary inpatient placement; defining
   96         the term “serious bodily harm”; conforming provisions
   97         to changes made by the act; amending s. 409.996, F.S.;
   98         revising duties of the department relating to
   99         evaluations of lead agencies and monitoring out-of
  100         home placements; amending s. 1001.212, F.S.; revising
  101         data that must be provided by the Office of Safe
  102         Schools to support the evaluation of specified mental
  103         health services; requiring the department to adopt
  104         certain rules and provide school districts with
  105         certain standards before a specified date; defining
  106         the term “mandatory mental health treatment”;
  107         requiring school districts, charter school sponsors,
  108         and other entities operating a public school to
  109         develop, implement, and submit to the office specified
  110         policies and procedures by a specified date; requiring
  111         the office to monitor the effectiveness of such
  112         policies and procedures; requiring the department to
  113         adopt rules implementing the most effective policies
  114         and procedures on a statewide basis; creating the
  115         Telehealth Pilot Program within the Department of
  116         Children and Families; providing a purpose for the
  117         program; requiring certain persons transporting minors
  118         to receiving facilities to first obtain specified
  119         advice through telehealth services; prohibiting the
  120         telehealth services from being provided by an entity
  121         that provides involuntary examination services;
  122         requiring the department to analyze and compare
  123         specified data and prepare a report summarizing the
  124         impact of the program; requiring the department to
  125         submit the report to the Governor and the Legislature
  126         by a specified date; requiring the Legislature to
  127         appropriate funds necessary for the creation and
  128         administration of the pilot program; requiring the
  129         department to adopt rules; providing for future
  130         expiration; amending s. 394.463, F.S.; conforming
  131         provisions to changes made by the act; providing
  132         effective dates.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Subsection (4) is added to section 394.462,
  137  Florida Statutes, to read:
  138         394.462 Transportation.—A transportation plan shall be
  139  developed and implemented by each county in collaboration with
  140  the managing entity in accordance with this section. A county
  141  may enter into a memorandum of understanding with the governing
  142  boards of nearby counties to establish a shared transportation
  143  plan. When multiple counties enter into a memorandum of
  144  understanding for this purpose, the counties shall notify the
  145  managing entity and provide it with a copy of the agreement. The
  146  transportation plan shall describe methods of transport to a
  147  facility within the designated receiving system for individuals
  148  subject to involuntary examination under s. 394.463 or
  149  involuntary admission under s. 397.6772, s. 397.679, s.
  150  397.6798, or s. 397.6811, and may identify responsibility for
  151  other transportation to a participating facility when necessary
  152  and agreed to by the facility. The plan may rely on emergency
  153  medical transport services or private transport companies, as
  154  appropriate. The plan shall comply with the transportation
  155  provisions of this section and ss. 397.6772, 397.6795, 397.6822,
  156  and 397.697.
  157         (4) TRANSPORTING MINORS.—The transportation plan must
  158  include options for transporting minors which do not involve
  159  marked police vehicles or uniformed law enforcement officers.
  160         Section 2. Section 394.4635, Florida Statutes, is created
  161  to read:
  162         394.4635 Involuntary examination of a minor.—
  163         (1)DEFINITION.—For the purposes of this section, the term:
  164         (a)“Immediately” means without unnecessary delay.
  165         (b)“Serious bodily harm” means a physical condition that
  166  creates a substantial risk of death, protracted and obvious
  167  disfigurement, or protracted loss or impairment of a bodily
  168  member or of an organ’s function.
  169         (2) CRITERIA FOR INVOLUNTARY EXAMINATION.—A minor may only
  170  be taken to a receiving facility for involuntary examination if
  171  all of the following conditions are met:
  172         (a) It is likely that the minor has a mental illness and,
  173  because of his or her mental illness and as evidenced by recent
  174  behavior, there is a substantial likelihood that the minor will
  175  imminently cause death or serious bodily harm to himself or
  176  herself or to others if the minor is not immediately examined.
  177         (b) Involuntary examination is the least restrictive means
  178  of preventing the minor from imminently causing serious bodily
  179  harm to himself or herself or others.
  180         (c)1. The minor’s parent or guardian with the authority to
  181  consent to medical treatment, after being informed of the
  182  specific circumstances giving rise to the recommendation to do
  183  so, provides his or her express and informed voluntary consent
  184  for the minor’s examination at a receiving facility;
  185         2. The parent’s or guardian’s consent cannot be obtained
  186  under subparagraph 1. because none of the minor’s parents or
  187  guardians can be located after exhausting all reasonable efforts
  188  to contact each of them; or
  189         3. There is recent and affirmative evidence, including, but
  190  not limited to, evidence provided by the minor, that contacting
  191  the minor’s parent or guardian would cause an imminent risk of
  192  death, serious bodily harm, or physical or sexual abuse of the
  193  minor.
  194         (3)INITIATION OF INVOLUNTARY EXAMINATION.—An involuntary
  195  examination of a minor may be initiated by any one of the
  196  following means:
  197         (a)A circuit or county court may enter an ex parte order
  198  stating that the minor appears to meet the criteria for
  199  involuntary examination of minors under this section and
  200  specifying the findings on which that conclusion is based. The
  201  ex parte order for involuntary examination must be based on
  202  written or oral sworn testimony that includes actual knowledge
  203  of specific facts that support the findings. If other less
  204  restrictive means are not available, such as voluntary
  205  appearance for outpatient evaluation, a law enforcement officer,
  206  a parent or guardian, the parent’s or guardian’s designee, a
  207  medical provider, or any other designated agent of the court
  208  must take the minor into custody and transport the minor to an
  209  appropriate, or the nearest, facility within the designated
  210  receiving system pursuant to s. 394.462 for involuntary
  211  examination. Immediately after a minor’s arrival at a receiving
  212  facility, the facility staff shall verbally explain to the
  213  minor, and, if present, the minor’s parent or guardian, the
  214  rights of patients under s. 394.459 using language and
  215  terminology the minor understands and shall provide a copy of
  216  the rights or physically show the minor where the notice of
  217  rights of patients is posted in the facility as required under
  218  s. 394.459(12). If the minor’s parent or guardian is not present
  219  at the time of the minor’s arrival, the facility must attempt to
  220  notify the parent or guardian pursuant to s. 394.4599(2)(c)2.
  221  The order of the court must be made a part of the minor’s
  222  clinical record. A fee may not be charged for the filing of an
  223  order under this paragraph. A facility accepting the patient
  224  based on such order must send a copy of the order to the
  225  department within 5 working days. The order may be submitted
  226  electronically through existing data systems, if applicable. The
  227  order is valid only until the minor is delivered to the facility
  228  or for the period specified in the order itself, whichever
  229  occurs first. If a period is not specified in the order, the
  230  order is valid for 7 days after the date the order was signed.
  231         (b)1.A law enforcement officer may take a minor who
  232  appears to meet the criteria for involuntary examination of
  233  minors under this section into custody and, consistent with
  234  subsection (6), deliver the minor or have him or her delivered
  235  by another person to an appropriate, or the nearest, facility
  236  within the designated receiving system pursuant to s. 394.462
  237  for a determination of whether the minor meets the criteria for
  238  involuntary examination. Whenever possible, an officer
  239  considering such transportation must use telehealth resources or
  240  other means to obtain the advice of a medical professional
  241  authorized to initiate involuntary examinations as to whether
  242  the minor meets the criteria for involuntary examination before
  243  transporting him or her to a receiving facility. An officer who
  244  uses such services or means and is advised that a minor does not
  245  meet the criteria for involuntary examination may not take the
  246  minor into custody or have the minor transported to a facility.
  247         2.Once a minor arrives at a receiving facility for
  248  involuntary examination initiated by a law enforcement officer,
  249  the minor may not be held involuntarily for more than 2 hours
  250  unless a physician, clinical psychologist, psychiatric nurse,
  251  school psychologist, mental health counselor, marriage and
  252  family therapist, or clinical social worker provides written
  253  certification stating that he or she has examined the minor and
  254  finds that the minor appears to meet the criteria for
  255  involuntary examination of minors and stating the observations
  256  upon which the finding is based. Upon the request of the minor’s
  257  parent or guardian, the parent or guardian must be allowed to
  258  remain with the minor at any time between the minor’s arrival at
  259  the facility and when the examination occurs unless there is
  260  recent and affirmative evidence, including, but not limited to,
  261  evidence provided by the minor, that allowing the minor’s parent
  262  or guardian to remain with the minor would cause an imminent
  263  risk of death, serious bodily harm, or physical or sexual abuse
  264  of the minor. Immediately after a minor’s arrival at a receiving
  265  facility, the facility staff shall verbally explain to the
  266  minor, and, if present, the minor’s parent or guardian, the
  267  rights of patients under s. 394.459 using language and
  268  terminology the minor understands and shall provide a copy of
  269  the rights or physically show the minor where the notice of
  270  rights of patients is posted in the facility as required under
  271  s. 394.459(12). If the minor’s parent or guardian is not present
  272  at the time of the minor’s arrival, the facility must attempt to
  273  notify the parent or guardian as required by s. 394.4599(2)(c)2.
  274  and seek his or her consent for further examination of the
  275  minor, except to the extent such consent is not required under
  276  subparagraph (2)(c)3.
  277         3.Regardless of whether a facility receives written
  278  certification that the minor meets the criteria for involuntary
  279  examination under subparagraph 2., the law enforcement officer
  280  who took the minor into custody must execute a written report
  281  detailing the circumstances under which the minor was taken into
  282  custody, and the report must be made a part of the minor’s
  283  clinical record. The facility shall send a copy of the report to
  284  the department within 5 working days, regardless of whether the
  285  minor is admitted. The law enforcement officer’s law enforcement
  286  agency shall retain a copy of the report pursuant to the
  287  agency’s policy and provide it to the minor’s parent or guardian
  288  at his or her request. The report must state the reasons the
  289  examination was initiated; specify whether the minor was taken
  290  into custody at a school and, if so, provide the name and
  291  address of the school; and specify which criteria were met under
  292  paragraph (2)(c). If the criterion under subparagraph (2)(c)1.
  293  was met, the report must include the parent’s or guardian’s name
  294  and contact information. If the criterion under subparagraph
  295  (2)(c)2. was met, the report must state the means by which the
  296  law enforcement officer attempted to locate each parent or
  297  guardian. If the criterion under subparagraph (2)(c)3. was met,
  298  the report must include the recent and affirmative evidence that
  299  led to a conclusion that contacting the parent or guardian would
  300  pose an imminent risk of death, serious bodily harm, or physical
  301  or sexual abuse of the minor.
  302         (c)1.A physician, clinical psychologist, psychiatric
  303  nurse, school psychologist, mental health counselor, marriage
  304  and family therapist, or clinical social worker may provide
  305  written certification stating that he or she has examined a
  306  minor, either in person or through telehealth, within the
  307  preceding 48 hours and finds that the minor appears to meet the
  308  criteria for involuntary examination and stating the
  309  observations upon which that conclusion is based.
  310         2.If other less restrictive means, such as voluntary
  311  appearance for outpatient evaluation, are not available, a
  312  parent or guardian, the parent’s or guardian’s designee, a
  313  family member, a friend, a medical provider, a school counselor,
  314  a school administrator, or a law enforcement officer must take
  315  the minor named in the certification into custody and deliver
  316  him or her to the appropriate, or nearest, facility within the
  317  designated receiving system pursuant to s. 394.462 for
  318  involuntary examination. Upon the minor’s arrival, the facility
  319  staff shall verbally explain to the minor, and, if present, the
  320  minor’s parent or guardian, the rights of patients under s.
  321  394.459 using language and terminology the minor understands and
  322  shall provide a copy of the rights or physically show the minor
  323  where the notice of rights of patients is posted in the facility
  324  as required under s. 394.459(12). If the minor’s parent or
  325  guardian is not present at the time of the minor’s arrival, the
  326  facility must attempt to notify the parent or guardian pursuant
  327  to s. 394.4599(2)(c)2. and seek his or her consent for further
  328  examination of the minor, except to the extent such consent is
  329  not required under subparagraph (2)(c)3. The minor must be
  330  transported consistent with the requirements under subsection
  331  (6). If the person transporting the minor is a law enforcement
  332  officer, the officer must also execute a written report
  333  detailing the circumstances under which the minor was taken into
  334  custody. The report must state the reasons the examination was
  335  initiated; specify whether the minor was taken into custody at a
  336  school and, if so, provide the name and address of the school;
  337  and specify which criteria were met under paragraph (2)(c). If
  338  the criterion under subparagraph (2)(c)1. was met, the report
  339  must include the parent’s or guardian’s name and contact
  340  information. If the criterion under subparagraph (2)(c)2. was
  341  met, the report must state the means by which the law
  342  enforcement officer attempted to locate each parent or guardian.
  343  If the criterion under subparagraph (2)(c)3. was met, the report
  344  must include the recent and affirmative evidence that led to a
  345  conclusion that contacting the parent or guardian would pose an
  346  imminent risk of death, serious bodily harm, or physical or
  347  sexual abuse of the minor.
  348         3.The report and certificate must be made a part of the
  349  minor’s clinical record. Any facility accepting the minor based
  350  on the certificate must send a copy of the certificate to the
  351  department within 5 working days, regardless of whether the
  352  minor is not admitted or is admitted on a voluntary or
  353  involuntary basis. The document may be submitted electronically
  354  through existing data systems, if applicable. A full and
  355  complete copy of the minor’s clinical record or any portion of
  356  it, including the report and certificate, must be provided to
  357  the minor’s parent or guardian upon his or her request.
  358         (4)REQUIRED FACILITY REPORTS.—
  359         (a)1.At the time the minor arrives at the receiving
  360  facility, the facility shall record whether the minor meets the
  361  criteria for involuntary services at that time; whether the
  362  minor meets the criteria because of risk of death or serious
  363  bodily harm to himself or herself or others; the means by which
  364  the minor arrived at the facility, including whether he or she
  365  was transported there by law enforcement; whether the area’s
  366  mobile crisis response team was contacted before the admission;
  367  the time and date the minor arrived at the facility; whether the
  368  minor has Medicaid, Medicare, private health insurance, or no
  369  health insurance; the minor’s age, name, race, gender, national
  370  origin, disability status, including whether the minor has a
  371  developmental disability, and social security number; what
  372  actions were taken after the initial examination, including
  373  whether the minor was released or examined further; and any
  374  other information the department requires by rule.
  375         2.At the conclusion of the period specified in subsection
  376  (8), the facility shall record the time and date the minor left
  377  the facility or a petition for involuntary services was
  378  initiated pursuant to paragraph (8)(d); whether psychotropic
  379  medication was administered while the minor was in the facility;
  380  if the minor left the facility, a description of the follow-up
  381  services provided; and any other information the department
  382  requires by rule.
  383         (b)A receiving facility shall submit the records created
  384  in paragraph (a) to the department in a sworn written report
  385  that also includes copies of any reports prepared by law
  386  enforcement or school personnel required under this section. The
  387  information in the report shall also be made a part of the
  388  minor’s clinical record. The department may adopt rules
  389  governing such reports.
  390         (5)RIGHT TO COUNSEL.—Upon a minor’s arrival at a receiving
  391  facility, the facility shall notify the minor and his or her
  392  parent or guardian of the minor’s right to counsel and shall
  393  provide the minor the opportunity to immediately consult with
  394  and be represented by a public defender or the minor’s attorney.
  395         (6)TRANSPORTATION.—All persons initiating the involuntary
  396  examination of a minor shall make every effort to avoid
  397  transporting minors in vehicles ordinarily used for law
  398  enforcement purposes. When law enforcement officers initiate or
  399  participate in the transportation of a minor for involuntary
  400  examination, officers must use the least restrictive means for
  401  transporting the minor and must use unmarked vehicles or
  402  ambulances if available. Law enforcement officers must allow a
  403  minor’s parent or guardian or the parent’s or guardian’s
  404  designee, if available, to transport the minor to the receiving
  405  facility unless there is compelling evidence that doing so would
  406  endanger the minor. If the parent or guardian of a minor, or the
  407  parent’s or guardian’s designee, is unavailable to transport the
  408  minor, law enforcement officers must allow other appropriate and
  409  willing persons to transport the minor, if available, including
  410  a school counselor, school administrator, family member, friend,
  411  or medical provider, unless there is compelling evidence that
  412  doing so would endanger the minor. If a minor is transported by
  413  a law enforcement officer, the officer must also allow the
  414  minor’s parent or guardian to ride in the same vehicle with the
  415  minor unless there is compelling evidence that doing so would
  416  endanger the minor. Law enforcement officers may not use
  417  restraints on a minor being transported for involuntary
  418  examination, including handcuffs, hobbles, and zip ties, except
  419  in a situation where there is no other available means to
  420  prevent imminent serious bodily harm to the minor or others. A
  421  department or agency policy requiring that all persons
  422  transported in police cars be restrained may not be used to
  423  justify the use of restraint on minors transported pursuant to
  424  this section.
  425         (7)MINIMAL DETENTION.—When a minor is admitted to a
  426  receiving facility after an involuntary examination is initiated
  427  by someone other than a physician, a clinical psychologist, or a
  428  psychiatric nurse performing within the framework of an
  429  established protocol with a psychiatrist at a facility, a
  430  physician, a clinical psychologist, or a psychiatric nurse must
  431  examine the minor immediately upon admission to determine if the
  432  criteria for involuntary services are met. A minor shall be
  433  released from a receiving facility as soon as a physician, a
  434  clinical psychologist, a psychiatric nurse, an advanced practice
  435  registered nurse registered under s. 464.0123, a mental health
  436  counselor, a marriage and family therapist, or a clinical social
  437  worker at the facility determines the minor no longer meets the
  438  criteria for involuntary examination of minors. Facilities may
  439  establish procedures to designate one or more employees to make
  440  such determination, but the facility must have at least one
  441  staff member with the authority to make such determination at
  442  the facility at all times. Emergency treatment may be provided
  443  to a minor upon the order of a physician if the physician
  444  determines that such treatment is necessary for the safety of
  445  the minor or others. A minor must be immediately released if the
  446  minor’s parent or guardian revokes consent for his or her
  447  admission to a facility.
  448         (8)DURATION AND CONCLUSION OF INVOLUNTARY EXAMINATION.—The
  449  examination period for a minor may not last longer than 72
  450  hours. Within the examination period one of the following
  451  actions must be taken, based on the individual needs of the
  452  minor:
  453         (a)The minor must be released pursuant to subsection (7).
  454         (b)The minor must be released for voluntary outpatient
  455  treatment.
  456         (c)If the minor and the minor’s parent or guardian have
  457  given express and informed written consent to placement as a
  458  voluntary patient, the minor must be admitted as a voluntary
  459  patient.
  460         (d)A petition for involuntary services must be filed in
  461  the circuit court if inpatient treatment is deemed necessary or
  462  with the criminal county court, as defined in s. 394.4655(1), as
  463  applicable. If inpatient treatment is deemed necessary, the
  464  least restrictive treatment consistent with the optimum
  465  improvement of the minor’s condition must be made available. A
  466  petition for involuntary inpatient placement must state, under
  467  penalty of perjury, that the receiving facility administrator
  468  believes the minor meets the criteria for involuntary placement
  469  and the facility intends to pursue such placement. The petition
  470  must be filed by the facility administrator.
  471         (9)REMOVAL FROM SCHOOLS.—
  472         (a)A student may not be removed from any school as defined
  473  in s. 1003.01(2) and transported to a receiving facility for
  474  involuntary examination unless the school principal, the school
  475  counselor, the school psychologist, or any other school official
  476  who has the most knowledge about the circumstances of the
  477  student’s removal submits a written report to the department
  478  containing all of the following information:
  479         1.The school name and address.
  480         2.The time and date of the removal.
  481         3.The student’s name, age, grade, race, gender, and
  482  national origin.
  483         4.Whether the student has a disability, including whether
  484  he or she has a Section 504 plan or an individual education plan
  485  (IEP), and the basis for such classification or receipt of
  486  services, including the nature of the disability or medical
  487  diagnosis.
  488         5.Whether the student is experiencing homelessness as
  489  described in s. 1003.01(12).
  490         6.Whether the student has limited English proficiency as
  491  defined in s. 1003.56(2)(a).
  492         7.The circumstances leading to the involuntary
  493  examination, including whether the behavior leading to the
  494  involuntary examination was observed by a law enforcement
  495  officer directly or relayed to law enforcement indirectly and
  496  whether the basis for the removal was for danger to self or
  497  others.
  498         8.If the involuntary examination was initiated because of
  499  danger to self, whether the school used a suicide screening
  500  instrument approved under s. 1012.583.
  501         9.Whether a physician, clinical psychologist, psychiatric
  502  nurse, school psychologist, mental health counselor, marriage
  503  and family therapist, clinical social worker, or mobile crisis
  504  team, and, if the student has a disability, an exceptional
  505  student education director or a member of the student’s IEP
  506  team, was present on the school campus at the time of the
  507  decision to remove the student or to contact law enforcement to
  508  do so.
  509         10.Whether a physician, clinical psychologist, psychiatric
  510  nurse, school psychologist, mental health counselor, marriage
  511  and family therapist, clinical social worker, or mobile crisis
  512  team, and, if the student has a disability, an exceptional
  513  student education director or a member of the student’s IEP
  514  team, was consulted before the decision to remove the student
  515  from the school for involuntary examination.
  516         11.If the student is a minor, whether a parent or guardian
  517  was contacted before the student’s removal and, if so, whether
  518  the parent or guardian consented to the removal and whether he
  519  or she was given the opportunity to remove the student from
  520  school.
  521         12.Any other information the department determines is
  522  appropriate.
  523         (b)If a receiving facility receives a student for
  524  involuntary examination and the report of the law enforcement
  525  officer made pursuant to subsection (3) indicates that the
  526  student was removed from a school but the student is not
  527  accompanied by the school’s report required under paragraph (a)
  528  or the report is incomplete, the facility must contact the
  529  school by the end of the next working day and obtain a completed
  530  copy of the report. If the school fails to provide the report,
  531  the facility must notify the department by certified mail or by
  532  e-mail, if available, by the next working day. The department
  533  shall keep records of all such notifications and take all
  534  appropriate steps, in consultation with the Department of
  535  Education, to ensure that any failures to notify do not reoccur.
  536         (c)The department may adopt rules governing such reports.
  537         (10)PRIVACY.—A minor receiving treatment for mental
  538  illness may not be deprived of his or her right to privacy under
  539  state and federal law, the United States Constitution, or the
  540  State Constitution, including the right to keep the fact of such
  541  treatment confidential and not disclose the information except
  542  to those individuals who provide medical services or collect
  543  data on the use of involuntary and voluntary examination. This
  544  subsection may not be construed to limit any other rights minors
  545  may have under this chapter or other law, including, but not
  546  limited to, s. 394.459. Each entity sharing, collecting, or
  547  maintaining data or information under this section is required
  548  to meet the standards set forth in the National Institute of
  549  Standards and Technology Cybersecurity Framework Version 1.1.
  550         (11)ACCESS TO PARENTS OR GUARDIANS.—A minor shall be
  551  provided as much contact with his or her parent or guardian as
  552  he or she desires and is practicable unless the treating
  553  psychiatrist executes a written certificate under penalty of
  554  perjury indicating that doing so would pose a risk of serious
  555  psychological harm. At a minimum, such contact must include
  556  daily in-person visiting hours and unlimited use of a telephone
  557  for the minor to contact his or her parent or guardian and, to
  558  the extent practicable, allow a minor’s parent or guardian to
  559  stay with the minor overnight in the receiving facility. This
  560  subsection may not be construed to limit any other rights minors
  561  may have under this chapter or other law, including, but not
  562  limited to, s. 394.459.
  563         (12)CONTINUITY OF CARE.—Receiving facility staff shall
  564  consult with the parent or guardian of a minor and any medical
  565  professionals treating the minor to ensure continuity of care
  566  and prevent disruption to the minor’s existing medication
  567  regimen. Psychotropic medication that a minor is not prescribed
  568  at the time of evaluation or treatment must be given or
  569  prescribed to a minor only after every reasonable effort has
  570  been made to consult with the minor’s existing medical and
  571  psychiatric providers.
  572         (13)VIOLATIONS.—Any minor whose rights under this chapter
  573  have been violated may file suit through his or her legal
  574  representative against any person, agency, municipality,
  575  district, or other entity in any court of this state having
  576  jurisdiction. A minor who files suit may seek declaratory
  577  relief, injunctive relief, and damages. Any person who acts in
  578  good faith in compliance with this part is immune from civil or
  579  criminal liability for his or her actions in connection with the
  580  admission, diagnosis, treatment, or discharge of a minor from a
  581  receiving facility, or the decision not to admit the minor or
  582  initiate an examination. However, this section does not relieve
  583  any person from liability if such person is negligent.
  584         (14)REPORTING ON VOLUNTARY EXAMINATION.—
  585         (a)For each minor examined on a voluntary basis by a
  586  receiving facility, the facility shall compile all of the
  587  following information in a written report to the department:
  588         1.The means by which the minor arrived at the facility,
  589  including whether he or she was transported by law enforcement.
  590         2.Whether the area’s mobile crisis response team was
  591  contacted.
  592         3.Whether the minor is a student at a school as defined in
  593  s. 1003.01(2) or at a private school as defined in s.
  594  1002.01(2), whether the minor was transported to the facility
  595  from that school, and, if so, the name of the school.
  596         4.The time and date the minor arrived at the facility.
  597         5.Whether the facility recommended that the minor
  598  voluntarily consent to admission.
  599         6.Whether the minor has Medicaid, Medicare, private health
  600  insurance, or no health insurance.
  601         7.Whether the minor has a developmental disability.
  602         8.The minor’s age, name, race, gender, and national
  603  origin.
  604         9.The time and date the minor left the facility and a
  605  description of the follow-up services provided, if applicable.
  606         10.Any other information the department deems appropriate.
  607         (b)For any minor examined or admitted on a voluntary
  608  basis, the receiving facility must send a copy of the report to
  609  the department within 5 working days after the examination, and
  610  the facility must attach copies of any reports provided by law
  611  enforcement and schools pursuant to this section to the report.
  612  The department shall publish aggregated data, broken down by
  613  demographics, for each category of information listed in
  614  subparagraphs (a)1.-10. for every receiving facility on an
  615  annual basis, no later than 6 months after the conclusion of the
  616  fiscal year during which the data was collected.
  617         (c)This subsection may not be construed to alter or expand
  618  the authority of any person to examine a minor on a voluntary
  619  basis under s. 394.4625.
  620         (15)OUTSIDE REVIEW.—The department shall contract with a
  621  nationally recognized consultancy on crisis services for minors
  622  which is based outside this state to review this state’s
  623  provision of crisis services for minors. Such review must
  624  include examining the clinical records of a random sample of
  625  minors involuntarily examined and determining if they meet with
  626  national best practices. The consultancy must make
  627  recommendations for improvement of crisis services for minors.
  628  The review must also provide an estimate of the per-minor cost
  629  of involuntary examination compared with other methods of
  630  addressing minors in crisis.
  631         (16)CONSTRUCTION.—The provisions of this section take
  632  precedence over any provision of this chapter which is
  633  inconsistent with this section.
  634         Section 3. Subsection (1) of section 394.467, Florida
  635  Statutes, is amended to read:
  636         394.467 Involuntary inpatient placement.—
  637         (1) CRITERIA.—
  638         (a) A person 18 years of age or older may be ordered for
  639  involuntary inpatient placement for treatment upon a finding of
  640  the court by clear and convincing evidence that:
  641         1.(a) He or she has a mental illness and because of his or
  642  her mental illness:
  643         a.(I)1.a. He or she has refused voluntary inpatient
  644  placement for treatment after sufficient and conscientious
  645  explanation and disclosure of the purpose of inpatient placement
  646  for treatment; or
  647         (II)b. He or she is unable to determine for himself or
  648  herself whether inpatient placement is necessary; and
  649         b.(I)2.a. He or she is incapable of surviving alone or with
  650  the help of willing and responsible family or friends, including
  651  available alternative services, and, without treatment, is
  652  likely to suffer from neglect or refuse to care for himself or
  653  herself, and such neglect or refusal poses a real and present
  654  threat of substantial harm to his or her well-being; or
  655         (II)b. There is substantial likelihood that in the near
  656  future he or she will inflict serious bodily harm on self or
  657  others, as evidenced by recent behavior causing, attempting, or
  658  threatening such harm; and
  659         2.(b) All available less restrictive treatment alternatives
  660  that would offer an opportunity for improvement of his or her
  661  condition have been judged to be inappropriate.
  662         (b)A minor may be ordered for involuntary inpatient
  663  placement for treatment if a court finds by clear and convincing
  664  evidence that all of the following conditions are met:
  665         1.The minor has a mental illness.
  666         2.Because of his or her mental illness, it is likely that
  667  the minor will, if not ordered for involuntary inpatient
  668  placement, imminently cause death or serious bodily harm to
  669  himself or herself or to others, as evidenced by recent behavior
  670  causing, attempting, or threatening such harm.
  671         3.Involuntary inpatient placement is the least restrictive
  672  means of preventing the minor from imminently causing serious
  673  bodily harm to himself or herself or others.
  674         4.a.The minor’s parent or guardian with the authority to
  675  consent to medical treatment, after being informed of the
  676  specific circumstances giving rise to the recommendation to do
  677  so, provides his or her express and informed voluntary consent
  678  for the minor’s examination at a receiving facility;
  679         b.The parent’s or guardian’s consent cannot be obtained
  680  under sub-subparagraph a. because the minor’s parents or
  681  guardians cannot be located after exhausting all reasonable
  682  efforts to contact each of them; or
  683         c.There is recent and affirmative evidence, including, but
  684  not limited to, evidence provided by the minor, that contacting
  685  the minor’s parent or guardian would cause an imminent risk of
  686  death, serious bodily harm, or physical or sexual abuse of the
  687  minor.
  688  
  689  As used in this paragraph, the term “serious bodily harm” means
  690  a physical condition that creates a substantial risk of death,
  691  protracted and obvious disfigurement, or protracted loss or
  692  impairment of a bodily member or of an organ’s function.
  693         Section 4. Paragraphs (a) and (b) of subsection (21) of
  694  section 409.996, Florida Statutes, are amended to read:
  695         409.996 Duties of the Department of Children and Families.
  696  The department shall contract for the delivery, administration,
  697  or management of care for children in the child protection and
  698  child welfare system. In doing so, the department retains
  699  responsibility for the quality of contracted services and
  700  programs and shall ensure that, at a minimum, services are
  701  delivered in accordance with applicable federal and state
  702  statutes and regulations and the performance standards and
  703  metrics specified in the strategic plan created under s.
  704  20.19(1).
  705         (21) The department, in consultation with lead agencies,
  706  shall establish a quality assurance program for contracted
  707  services to dependent children. The quality assurance program
  708  shall, at a minimum, be based on standards established by
  709  federal and state law, national accrediting organizations, and
  710  the Office of Quality established under s. 402.715, and must be
  711  consistent with the child welfare results-oriented
  712  accountability system required by s. 409.997.
  713         (a) The department must evaluate each lead agency under
  714  contract at least annually. These evaluations shall cover the
  715  programmatic, operational, and fiscal operations of the lead
  716  agency and must be consistent with the child welfare results
  717  oriented accountability system required under s. 409.997. The
  718  department must consult with dependency judges in the circuit or
  719  circuits served by the lead agency on the performance of the
  720  lead agency.
  721         (b) The department and each lead agency shall monitor out
  722  of-home placements, including the extent to which sibling groups
  723  are placed together or provisions to provide visitation and
  724  other contacts if siblings are separated and a record of each
  725  time a minor with an open case is examined under chapter 394,
  726  including whether the minor was voluntarily or involuntarily
  727  examined under s. 394.4625 or s. 394.4635, and the number of
  728  days spent in a receiving facility. The data must shall identify
  729  reasons for sibling separation and examination under chapter
  730  394. Information related to sibling placement and examination
  731  under chapter 394 must shall be incorporated into the results
  732  oriented accountability system required under s. 409.997 and
  733  into the evaluation of the outcome specified in s.
  734  409.986(2)(e). The information related to sibling placement must
  735  shall also be made available to the institute established under
  736  s. 1004.615 for use in assessing the performance of child
  737  welfare services in relation to the outcome specified in s.
  738  409.986(2)(e).
  739         Section 5. Subsection (7) of section 1001.212, Florida
  740  Statutes, is amended to read:
  741         1001.212 Office of Safe Schools.—There is created in the
  742  Department of Education the Office of Safe Schools. The office
  743  is fully accountable to the Commissioner of Education. The
  744  office shall serve as a central repository for best practices,
  745  training standards, and compliance oversight in all matters
  746  regarding school safety and security, including prevention
  747  efforts, intervention efforts, and emergency preparedness
  748  planning. The office shall:
  749         (7) Provide data to support the evaluation of mental health
  750  services pursuant to s. 1004.44.
  751         (a) Such data must include, for each school, the number of
  752  involuntary examinations as defined in s. 394.455 which are
  753  initiated at the school, on school transportation, or at a
  754  school-sponsored activity and the number of children for whom an
  755  examination is initiated.
  756         1.The following information for each student must also be
  757  included with such data:
  758         a.The student’s name, age, grade, race, gender, and
  759  national origin;
  760         b.The student’s disability status, including whether he or
  761  she has or is eligible for a Section 504 plan or an individual
  762  education plan (IEP), and whether the reason for such services
  763  or eligibility is a developmental disability;
  764         c.Whether the student is experiencing homelessness as
  765  described in s. 1003.01(12);
  766         d.Whether the student has limited English proficiency as
  767  defined in s. 1003.56(2)(a);
  768         e.The number of school days that passed after the
  769  involuntary examination and before the day the student next
  770  attended school;
  771         f.Whether the student involuntarily examined has been
  772  previously examined and, if so, the number of times the student
  773  has been examined;
  774         g.Whether a mobile crisis response team was contacted
  775  before the examination, and, if so, whether the team conducted
  776  an examination of the child and the team’s recommendations;
  777         h.Whether the student’s parent or guardian was contacted
  778  before the decision to initiate the involuntary examination and
  779  whether the parent or guardian consented; and
  780         i.Any other information the department determines is
  781  appropriate.
  782         2.The information required under subparagraph 1. must be
  783  updated monthly, and data on total incidents of involuntary
  784  examination, disaggregated by sub-subparagraphs 1.a.-d., must be
  785  made publicly accessible on the department’s website, including
  786  on the K-12 data portal, annually within 90 days after the last
  787  day of each school year and in compliance with applicable
  788  privacy laws. Data aggregated by a school district for sub
  789  subparagraph 1.f. must also be made publicly accessible on the
  790  department’s website annually and in compliance with applicable
  791  privacy laws. School districts shall notify all parents of the
  792  availability of this data before any deadlines for applications
  793  to transfer between schools or school districts. The department
  794  shall adopt rules setting minimum standards for documenting,
  795  reporting, and monitoring the use of involuntary examination of
  796  students under s. 394.463. The department must provide school
  797  districts with such standards before August 1, 2023.
  798         (b)Such data must also include, for each school, the
  799  number of incidents of mandatory mental health treatment and the
  800  number of children provided such treatment. For the purposes of
  801  this paragraph, the term “mandatory mental health treatment”
  802  means any time a student is required to undergo mental health
  803  treatment or examination as a condition of attendance at school
  804  or participation in any school activity. The term includes, but
  805  is not limited to:
  806         1.Mental health treatment as a condition of admittance to
  807  or transfer to or from a school;
  808         2.Mental health treatment as a condition of avoiding or
  809  modifying the severity of suspension, expulsion, transfer to
  810  another school, or discipline of any kind;
  811         3.Requiring a parent or guardian to take a student to a
  812  receiving facility for involuntary examination under s. 394.4635
  813  or voluntary examination under s. 394.4625;
  814         4.Involuntary examination initiated on a school campus or
  815  otherwise reported pursuant to this section; or
  816         5.Mental health treatment or examination required as part
  817  of determining a student’s eligibility for, or as an element of,
  818  exceptional student instruction.
  819         (c)1.Each school district, charter school sponsor, or
  820  other entity operating a public school shall develop and submit
  821  to the office, no later than August 1, 2022, policies and
  822  procedures that are consistent with this subsection and that
  823  govern the following:
  824         a.Compliance with paragraphs (a) and (b);
  825         b.Monitoring and reporting of data collected;
  826         c.Notification to all parents and guardians at the
  827  beginning of a school year of their rights under ss.
  828  1002.20(3)(l) and 1002.33(9)(q);
  829         d.Training programs relating to involuntary examinations
  830  and mandatory mental health treatment;
  831         e.The entity’s plan for selecting personnel to be trained;
  832         f.The entity’s plan for eliminating the inappropriate use
  833  of involuntary examinations and other inappropriate mandatory
  834  mental health treatment. The plan must include a goal for
  835  reducing the necessity for involuntary examination and mandatory
  836  mental health treatment and must include activities, skills, and
  837  resources required to achieve that goal.
  838         2.The office shall monitor the effectiveness of the
  839  policies and procedures submitted pursuant to subparagraph 1.,
  840  and the department shall adopt rules to implement the most
  841  effective policies and procedures on a statewide basis.
  842         Section 6. (1)Effective September 1, 2022, a Telehealth
  843  Pilot Program is created within the Department of Children and
  844  Families to provide services to Hillsborough, Leon, and Miami
  845  Dade Counties for 1 year. The purpose of this pilot program is
  846  to assess whether the use of involuntary examination of a minor
  847  is appropriate before the minor is transported for an
  848  involuntary examination.
  849         (2)In each of the counties participating in the pilot
  850  program, before transporting a minor to a receiving facility for
  851  involuntary examination pursuant to s. 394.4635(3), Florida
  852  Statutes, the person transporting the minor must use telehealth
  853  services to obtain the advice of a medical professional
  854  authorized to initiate involuntary examinations as to whether
  855  the minor meets the criteria for involuntary examination. The
  856  telehealth services may not be provided by an entity that
  857  provides involuntary examination services.
  858         (3)The Department of Children and Families shall analyze
  859  and compare data on the use of involuntary examinations of
  860  minors before and after implementation of the pilot program and
  861  shall prepare a report summarizing the impact of the pilot
  862  program and submit the report to the Governor, the President of
  863  the Senate, and the Speaker of the House of Representatives
  864  within 90 days after September 1, 2023.
  865         (4)The Legislature shall appropriate funds necessary for
  866  the creation and administration of the pilot program.
  867         (5)The Department of Children and Families shall adopt
  868  rules to administer the pilot program.
  869         (6)This section expires January 1, 2024.
  870         Section 7. Subsection (1) and paragraphs (a), (f), and (g)
  871  of subsection (2) of section 394.463, Florida Statutes, are
  872  amended to read:
  873         394.463 Involuntary examination.—
  874         (1) CRITERIA.—A person 18 years of age or older may be
  875  taken to a receiving facility for involuntary examination if
  876  there is reason to believe that the person has a mental illness
  877  and because of his or her mental illness:
  878         (a)1. The person has refused voluntary examination after
  879  conscientious explanation and disclosure of the purpose of the
  880  examination; or
  881         2. The person is unable to determine for himself or herself
  882  whether examination is necessary; and
  883         (b)1. Without care or treatment, the person is likely to
  884  suffer from neglect or refuse to care for himself or herself;
  885  such neglect or refusal poses a real and present threat of
  886  substantial harm to his or her well-being; and it is not
  887  apparent that such harm may be avoided through the help of
  888  willing family members or friends or the provision of other
  889  services; or
  890         2. There is a substantial likelihood that without care or
  891  treatment the person will cause serious bodily harm to himself
  892  or herself or others in the near future, as evidenced by recent
  893  behavior.
  894         (2) INVOLUNTARY EXAMINATION.—
  895         (a) An involuntary examination may be initiated on a person
  896  18 years of age or older by any one of the following means:
  897         1. A circuit or county court may enter an ex parte order
  898  stating that a person appears to meet the criteria for
  899  involuntary examination and specifying the findings on which
  900  that conclusion is based. The ex parte order for involuntary
  901  examination must be based on written or oral sworn testimony
  902  that includes specific facts that support the findings. If other
  903  less restrictive means are not available, such as voluntary
  904  appearance for outpatient evaluation, a law enforcement officer,
  905  or other designated agent of the court, shall take the person
  906  into custody and deliver him or her to an appropriate, or the
  907  nearest, facility within the designated receiving system
  908  pursuant to s. 394.462 for involuntary examination. The order of
  909  the court shall be made a part of the patient’s clinical record.
  910  A fee may not be charged for the filing of an order under this
  911  subsection. A facility accepting the patient based on this order
  912  must send a copy of the order to the department within 5 working
  913  days. The order may be submitted electronically through existing
  914  data systems, if available. The order shall be valid only until
  915  the person is delivered to the facility or for the period
  916  specified in the order itself, whichever comes first. If a time
  917  limit is not specified in the order, the order is valid for 7
  918  days after the date that the order was signed.
  919         2. A law enforcement officer shall take a person who
  920  appears to meet the criteria for involuntary examination into
  921  custody and deliver the person or have him or her delivered to
  922  an appropriate, or the nearest, facility within the designated
  923  receiving system pursuant to s. 394.462 for examination. The
  924  officer shall execute a written report detailing the
  925  circumstances under which the person was taken into custody,
  926  which must be made a part of the patient’s clinical record. Any
  927  facility accepting the patient based on this report must send a
  928  copy of the report to the department within 5 working days.
  929         3. A physician, a physician assistant, a clinical
  930  psychologist, a psychiatric nurse, an advanced practice
  931  registered nurse registered under s. 464.0123, a mental health
  932  counselor, a marriage and family therapist, or a clinical social
  933  worker may execute a certificate stating that he or she has
  934  examined a person within the preceding 48 hours and finds that
  935  the person appears to meet the criteria for involuntary
  936  examination and stating the observations upon which that
  937  conclusion is based. If other less restrictive means, such as
  938  voluntary appearance for outpatient evaluation, are not
  939  available, a law enforcement officer shall take into custody the
  940  person named in the certificate and deliver him or her to the
  941  appropriate, or nearest, facility within the designated
  942  receiving system pursuant to s. 394.462 for involuntary
  943  examination. The law enforcement officer shall execute a written
  944  report detailing the circumstances under which the person was
  945  taken into custody. The report and certificate shall be made a
  946  part of the patient’s clinical record. Any facility accepting
  947  the patient based on this certificate must send a copy of the
  948  certificate to the department within 5 working days. The
  949  document may be submitted electronically through existing data
  950  systems, if applicable.
  951  
  952  When sending the order, report, or certificate to the
  953  department, a facility shall, at a minimum, provide information
  954  about which action was taken regarding the patient under
  955  paragraph (g), which information shall also be made a part of
  956  the patient’s clinical record.
  957         (f) A patient 18 years of age or older shall be examined by
  958  a physician or a clinical psychologist, or by a psychiatric
  959  nurse performing within the framework of an established protocol
  960  with a psychiatrist at a facility without unnecessary delay to
  961  determine if the criteria for involuntary services are met.
  962  Emergency treatment may be provided upon the order of a
  963  physician if the physician determines that such treatment is
  964  necessary for the safety of the patient or others. The patient
  965  may not be released by the receiving facility or its contractor
  966  without the documented approval of a psychiatrist or a clinical
  967  psychologist or, if the receiving facility is owned or operated
  968  by a hospital or health system, the release may also be approved
  969  by a psychiatric nurse performing within the framework of an
  970  established protocol with a psychiatrist, or an attending
  971  emergency department physician with experience in the diagnosis
  972  and treatment of mental illness after completion of an
  973  involuntary examination pursuant to this subsection. A
  974  psychiatric nurse may not approve the release of a patient if
  975  the involuntary examination was initiated by a psychiatrist
  976  unless the release is approved by the initiating psychiatrist.
  977         (g) The examination period must be for up to 72 hours. For
  978  a minor, the examination shall be initiated within 12 hours
  979  after the patient’s arrival at the facility. Within the
  980  examination period or, if the examination period ends on a
  981  weekend or holiday, no later than the next working day
  982  thereafter, one of the following actions must be taken, based on
  983  the individual needs of the patient:
  984         1. The patient shall be released, unless he or she is
  985  charged with a crime, in which case the patient shall be
  986  returned to the custody of a law enforcement officer;
  987         2. The patient shall be released, subject to subparagraph
  988  1., for voluntary outpatient treatment;
  989         3. The patient, unless he or she is charged with a crime,
  990  shall be asked to give express and informed consent to placement
  991  as a voluntary patient and, if such consent is given, the
  992  patient shall be admitted as a voluntary patient; or
  993         4. A petition for involuntary services shall be filed in
  994  the circuit court if inpatient treatment is deemed necessary or
  995  with the criminal county court, as defined in s. 394.4655(1), as
  996  applicable. When inpatient treatment is deemed necessary, the
  997  least restrictive treatment consistent with the optimum
  998  improvement of the patient’s condition shall be made available.
  999  When a petition is to be filed for involuntary outpatient
 1000  placement, it shall be filed by one of the petitioners specified
 1001  in s. 394.4655(4)(a). A petition for involuntary inpatient
 1002  placement shall be filed by the facility administrator.
 1003         Section 8. Except as otherwise expressly provided in this
 1004  act, this act shall take effect July 1, 2022.