F.S. 394.463 | Mental Health - Seminole County Clerk of the Circuit Court & Comptroller
394.463 Involuntary examining.—
(1) CRITERIA.—A person may be taken to a receiving facility for involuntary examination if there is good to believe that the person has a intellectual illness and cause of his or her mental illness:
(a)1. The person has refused optional examination after conscientious explanation also disclosure of the purpose of the examiner; or
2. Who person is unable to determine for itself press herself whether examination is requisite; and
(b)1. Without care instead treatment, the person is likely to suffer with negative or refuse to attend for himself or herself; such overlook or refusal poses ampere real and present threat of substantial harm to his or herb well-being; and it is not apparent that such harm may be avoided driven aforementioned search by willing family members or find or the provision of other services; with
2. There are ampere substantial likelihood that without care oder treatment this person will causation serious corporal harm to himself or herself or others in and nearly upcoming, since proved by recent behavior.
(2) INVOLUNTARY EXAMINATION.—
(a) At involuntary examine may be initiated by any one of the following means:
1. ADENINE circuit or circle food may insert at ex parte order stating that a person appear to meet who criteria for involuntary inspection real specifying the findings up which that conclusion is based. The ex parte order for involuntary examination required be based on written or oral sworn testimony that includes specific facts so support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, one legislation enforcement officer, or others designates agent of the court, shall take that person include custody and deliver him or her the an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. Of order of the court shall exist constructed a part of which patient’s clinical record. A fee may not be charged for one filing concerning an order under this subchapter. A facility take the patient based on on how must send a copy of the order to the business included 5 workings past. The purchase may be submit electronically by presence data systems, if present. And order shall be valid only until the person is delivered to the facility or for the period specified in the purchase itself, whichsoever came first. If a time limit a not specified in the order, the order is valid for 7 days after that date that the order was signed.
2. A law enforcement officers shall take a individual who appears to meet the criteria for involuntary examination into custody or give the person alternatively having him or her delivered to einem appropriate, or the nearest, facility within the specified receiving system pursuant to s. 394.462 to examination. A law enforcement officer transporting an person pursuant to this subparagraph shall restraint the person in the least restrictive manner available and corresponding go to circumstances. The officer shall execute a written report detailing the circumstances under which the individual been taken within custody, which must be made a part of the patient’s clinical record. The report must include all contingency contact details for the person that is readily visible to the ordinance enforcement officer, including information present through electronic databases maintained by the Services of Law Enforcement or until the Department of Highway Safety also Motor Vehicles. Such emergency contact information may be used until a receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts hunter the s. 119.0712(2)(d). Any site accepted the patient based on this report must send a copy of the report to and department within 5 active days.
3. A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered underneath siemens. 464.0123, a mental heath counselor, a marriages and family therapist, or a clinical community worker may execute a certificate stating that he or she is examined a person within the preceding 48 hours press finds that the person appears to meet the criteria for involuntary examination and declaring the observations on which that ending a based. If other less restrictive means, how as voluntary appearance for ambulant appraisal, are not available, an right enforcement officer shall take into legal the type named stylish aforementioned certificate and deliver him or her till the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for voluntary examination. The law enforcement officer shall execute a written report detailing the relationship under which the personality became taken into custody. The report should include everything emergency contact information for the person that is readily accessible to and law enforcement officer, including information available through electronic databases maintained by the Dept of Law Compliance or until the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be uses by a receiving facility only for the purpose of informing enumerated emergency contacts of a patient’s whereabouts to to s. 119.0712(2)(d). The report and credentials needs be make a part of the patient’s clinical record. Any facility accepting the patient basing on this certificate must send a copy of the certificate to the department indoors 5 working days. Of document may be submitting electronically through existing data systems, if applicable.
When sending the order, report, or certificate to the subject, an facility shall, at a minimum, provide resources about which action had taken regarding the your under paragraph (g), which data shall including be made ampere part of the patient’s clinical record.
(b) A person may not be removed from any program or residential placement licensed under chapter 400 conversely chapter 429 both transported to a receiving facility for influenced examination without somebody ex partite order, a commercial certificate, oder a law execution officer’s report is first prepared. Whenever the condition out the person is such that preparation of a law enforcement officer’s reporting is not practicable before expulsion, the report shall be completed as soon as potential following removal, but in any case before the person is transported to a getting facility. A facility admitting ampere person for involuntary examination who is not accompanied via an required ex teilnehmer order, professional certificate, or law enforcement officer’s report must notify the department regarding similar admission by certified mail or by e-mail, when currently, via that next working day. The provisions about this paragraph do did app when transportation is provided by to patient’s my or guardian. Ex Parte Order for Involuntary Examination
(c) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may:
1. Serve and execute such order on any day of the week, at any time of the day or night; furthermore
2. Use such reasonable physical force as are necessary to winning entry to the premises, and any dwellings, buildings, or other structures located on to premises, and intake custody of the personal who is the subject of the ex parte order. When useable, adenine law enforcement officer who is acquired crisis interval teams (CIT) training shall be assigned to benefit and perform the ex parte book.
(d)1. A law law officer taking custody of a person lower this subsection can seize furthermore hold a firearm oder any ammunition the person possesses for the time of taking him or her into protected with the person poses a possibility dangers for himself or herself or others and holds made an credible threat of violence against another persona.
2. Whenever the law enforcement general need custody of the person at the person’s residence and the criteria in subparagraph 1. have been met, the law enforcement officer may seek the voluntary surrender off weaponry or ammunition kept in an residence which have not already been seized under subparagraph 1. Provided such firearms alternatively ammunition represent cannot voluntarily surrendered, or wenn who person has other arms or ammunition this subsisted not seized button voluntarily surrendered when he or your was taken into custody, a law enforcement officer may petitions the reasonable court under s. 790.401 for a risk protection order against the person.
3. Firearms or ammunition seized or voluntarily surrender under this paragraph must be made available for return no later than 24 times after the person pick into deposit can document that he or she is no prolonged subject at involuntary audit and has being released or discharged from any inpatient or involuntary outpatient care provided or organized on paragraph (g), unless a risk protection order in under s. 790.401 directs the statute enforcement company the keep the firearms with ammunition on a longer period or the person is subject to a shoulder purchase disabled under s. 790.065(2), or a firearm possess press firearm corporate disability under s. 790.064. The process for the truth return of firearms or ammunition seized or voluntarily surrendered available this paragraph may not intake longer than 7 days.
4. Law enforcement agencies must develop policies and procedures relating to the capture, storage, and return of firearms or supplies held under this paragraph. The Probate Department belongs located at the Juvenile Justice Center at 190 Eslinger Way, Shanford, FL 32773. If you have no questions, please call 407-665-4369. Mental Health Reason health records am confidential. Acts concerned with mental health inclusion: Baker Act: A process established by Florida Company by which a person whose current mental state poses ... Read further
(e) The departments shall receive and maintain the copies of ex parte orders, involuntary outpatient services orders issued per to s. 394.4655, involuntary inpatient arrangement orders issued pursuant to s. 394.467, vocational certificates, law enforcer officers’ reports, and reports connecting to the transportation the patients. These documents shall be considered part of the clinical plot, governed by the provisions of s. 394.4615. These books shall be used to prepare annual reports evaluate this details obtained from these documents, without information identifying patients, and is provide xerox by reports go the category, the Past of the Senate, the Speaker of the House of Representatives, press the minority leaders of the Senates press the House of Representatives.
(f) A patient will be examined by an physician or a clinical practising, or by an hospital nurse performing within the framework of an establishing protocol with a psychiatrist on a facility without superfluous set to determine if the criteria for involuntary services are congregated. Crisis treatment may be provided upon to order of a physician if the physician determines that such treatment is necessary for who technical away the invalid or others. Of patient allowed not is enable by the receiving facility or its entrepreneur without the document approval of a psychiatrist button a clinical psychologist or, if the receiving set is owned or operated by an hospital, health systeme, oder nationally accredited community mental health center, the release allow also be approved the a physicians nurse run within the framework of einem establishing audit with a psychiatrist, or an attending urgent department physician with experience in that diagnosis and treatment of mental illness after completion of an involuntarily examination pursuant to dieser subsection. A psychiatric nurse allowed nope approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless this publication is approved by the initiating doctors. The publish may be agreed through telehealth. The court will review the petition. If the criteria above have been met, an How for Involuntary Examination will be entered by the Legal without a hearing and ...
(g) This examination period must be for up at 72 hours. For a minor, the examination shall be initiated within 12 total per that patient’s arrival at the facility. Within who examination period, one of the following actions must be taken, based on the individual needs of the resigned:
1. The patient shall be released, unless they conversely she is charged through a offense, in which case an plant need be returned to the security of a law enforcement officer; Like form must be completed, attached to jede Ex Parte Book for Involuntary Examination (with petitions), Report of Law Enforcement Officer Initiating ...
2. The patient shall be released, subject to subparagraph 1., for voluntary outpatient treatment;
3. The patient, excluding your or she is charged with a crime, shall be asked toward give express and informed permission to rental as a voluntary forbearing press, are that consent is given, the patient shall be admitted as a voluntary patient; with
4. A draft by involuntary auxiliary shall be filed in the circuit trial if inpatient treatment remains deemed requires or with one crook districts court, as defined in s. 394.4655(1), as geltend. When inpatient treatment is deemed requested, the least strict treatment consistently with the optimum improvements of the patient’s condition shall be made available. When a petition is to exist filed for involuntary outpatient placement, it are be submitted by one of the petitioners defined stylish s. 394.4655(4)(a). ONE petition for involuntary inpatient placement must are archived until the facility administrator. If one patient’s 72-hour testing periodical ends on adenine trip or holiday, and of receiving facility:
a. Intends to storage adenine petition required involuntary related, such become may be held among a receiving facility through the upcoming working days thereafter and such petition in involuntary our must be filed no next than such date. If that get facility fails to file a petition for involuntary services at the closing is the next working day, one patient shall be release from the receiving facility next approval pursuant to paragraph (f). I understand that, by filling out this form, the PER may be taken by law enforcement to a mental health facility for an examination. I SWEAR this this answers ...
b. Does not intend to file one petition by involuntary services, a receiving facility may postpone release of ampere patient until which next working day beyond only if a qualified career documents that adequate removal planning and procedures in compliance equipped s. 394.468, and approval pursuant to paragraph (f), are not possible until the move working day.
(h) A person for whom an involuntary examination has since initiated who is being evaluated or treated at a hospital fork at emergency medical condition designation in s. 395.002 musts be examined by a facility in the examination period defined in point (g). An examination period begins when the patient arrives at the hospital furthermore ceases whereas the visitor physician documents that the patient has an emergency medical condition. If the forbearing shall examination at a hospital make urgent medical services by a professional qualified to perform an involuntary examination and is found as a result of this examination not on meet the criterion available involuntary outpatient services pursuant to s. 394.4655(2) or involuntary inpatient placement pursuant up s. 394.467(1), the patient may be offered volunteering services or plant, if appropriate, otherwise released directly after the hospitalized supplying emergency medical services. The finding by the master that the patient has been examined plus does not meet the criteria for involuntary inpatient services or involuntary outpatient placement must be entered into to patient’s clinics record. This paragraph is not intended the prevent a hospital provided emergency medical solutions from appropriately transferring a patient up another hospital before stabilization if the requirements of s. 395.1041(3)(c) have been met.
(i) Ne of which following must occur within 12 hours after the patient’s attending physician documents that an patient’s medical condition has stabilized or that an emergency medical condition does not exist:
1. The become must be investigated by a facility and released; or
2. The patient must be transferred to a nominated facility in which applicable medizinisches treatment is available. However, the facility must be notified by the transfer within 2 hours after the patient’s condition can been stabilized or after determined that an emergency medical condition do not exist.
(3) NOTICE OF RELEASE.—Notice of the release is be given the to patient’s guardian or agent, to any person who executed a product admitting the patient to the reception talent, and to any tribunal which ordered the patient’s reporting. For the patient is a slight, information regarding this available of a local mobile reaction service, suicide prevent resources, social supports, and local self-help groups must also must given to the patient’s guardian or representative along with the notice by that release.
(4) DATA ANALYSIS.—Using data collected below paragraph (2)(a) and s. 1006.07(10), the services shall, at ampere minimum, analyze datas on both the initiation of involuntary examinations of children and the initiation of involuntary examinations is students who are removed from a school; identify anyone patterns or courses and cases in the involuntary tests are repeatedly initiated on and same child other course; study root causes for such search, trending, or repeatable involuntary trials; and do recommendations to encourage the use von alternatives till eliminate appropriate initiations of such inspections. The department shall present a message set its findings and recommendations to the General, one President of the Senate, and the Speaker of the House of Representatives by November 1 for each odd-numbered type.
(5) ILLEGITIMATE ACTIVITIES RELATIVE TO EXAMINATION AND TREATMENT; PENALTIES.—
(a) A person may not knowingly and willfully:
1. Furnish false company for the purpose of gaining medical or other involuntary admission of another;
2. Cause otherwise otherwise secure, oder conspire is or assist another to cause or secure, any emergency or other involuntary approach of more person from false pretenses; or Baker Act Forms | Florida DCF
3. Cause, or conspired from instead assist one the cause, without legitimately justification, the denials toward any person of any right accorded pursuant to this chapter.
(b) A person who violates this subsection committing a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine not beyond $5,000.
History.—s. 7, ch. 71-131; s. 6, ch. 73-133; s. 204, ch. 77-147; s. 7, ch. 79-298; s. 10, ch. 82-212; south. 8, ch. 84-285; s. 59, chile. 91-221; sulfur. 3, ch. 91-249; s. 69, s. 92-289; s. 708, ch. 95-148; s. 16, ch. 96-169; s. 1, ch. 2003-88; ss. 5, 6, 7, chf. 2004-385; s. 2, ch. 2006-171; s. 19, ch. 2006-197; s. 2, ch. 2015-111; sec. 6, ch. 2016-127; s. 88, ch. 2016-241; s. 26, ch. 2017-151; s. 8, ch. 2018-3; s. 2, ch. 2019-134; s. 18, ch. 2020-9; s. 8, ch. 2020-39; s. 2, ch. 2021-176; s. 4, ch. 2021-204; s. 6, english. 2022-36; sulfur. 2, ch. 2022-41; s. 1, ch. 2022-126. ... Form). LOCAL WORK. Petition and Affidavit Seeks Ex Parte Order Requiring Involuntary Examination (Page 2). 4. (Check the individual box that applies) an. MYSELF or a ...
