The Florida Senate

394.61  Discharge of voluntary patients.--

(1)  When a child has been a patient at a center and subject to care, treatment, and education, and the director, upon advice of his or her professional staff, is of the opinion that the child has sufficiently improved or will no longer benefit from care, treatment, and education at the center, the director may issue a certificate of discharge and discharge the child from the center.

(2)  The director of the center shall discharge a child within 5 days of receipt of written request from the parent or legal guardian for discharge, unless the discharge is, in the opinion of the center staff, unsafe for the patient or others; in which case, the director of the center shall initiate proceedings for involuntary hospitalization within 3 days of the delivery of the written request. A center is authorized to retain a child after proceedings for involuntary admission have been initiated pending the outcome of the judicial decision. Upon discharge of a child who was involuntarily admitted, a copy of the certificate of discharge shall be mailed to the circuit judge who ordered the child's involuntary admission. A copy of the discharge certificate shall also be sent by registered or certified mail to the parent or guardian of the child. Upon the filing and docketing of the certificate, the case shall be terminated. In the event the parent or legal guardian cannot be found or refuses to accept custody of the discharged child, the child shall be placed in the care and custody of an appropriate community agency. If no community agency is willing or able to accept care and custody of the child, the circuit court of the judicial district from which the child was originally admitted shall place the child in the care and custody of the department. The circuit court may make such other order as it deems in the best interest of the child.

History.--s. 12, ch. 59-383; ss. 19, 35, ch. 69-106; s. 25, ch. 73-334; s. 217, ch. 77-147; s. 8, ch. 78-434; s. 721, ch. 95-148.