Bill > S1626

Introduced Session

An act relating to the mental health of minors; amending s. 394.462, F.S.; requiring that certain transportation plans include options for transporting minors to certain facilities which do not involve marked police vehicles or uniformed law enforcement officers; creating s. 394.4635, F.S.; defining the terms “immediately” and “serious bodily harm”; specifying the conditions that must be met for a minor to be taken to a receiving facility for involuntary examination; specifying requirements for initiating a minor’s involuntary examination and his or her transportation to the nearest appropriate facility; specifying requirements for receiving facilities relating to such minors; requiring that court orders for involuntary examinations be made a part of the minor’s clinical record; prohibiting a fee from being charged for filing such orders; requiring facilities receiving minors for involuntary examination to provide certain orders and reports to the Department of Children and Families within a specified timeframe; providing for the validity of such orders; authorizing law enforcement officers to take minors who appear to meet certain criteria into custody and transport such minors to a certain facility for a specified determination; providing requirements for law enforcement officers initiating involuntary examinations of minors or transporting minors to such examinations; prohibiting law enforcement officers from taking certain actions under certain circumstances; prohibiting minors undergoing involuntary examinations initiated by law enforcement officers from being held at receiving facilities for longer than a specified period; providing an exception; requiring law enforcement officers who initiate an involuntary examination of a minor to execute a written report containing specified information; requiring facilities to send such reports to the department within a specified timeframe; requiring the law enforcement officer’s agency to retain such report and to provide a copy of the report to a minor’s parent or guardian upon request; requiring that certain reports and certificates be made part of a minor’s clinical record; requiring facilities receiving minors for involuntary examinations to create specified records; authorizing a minor’s parent or guardian to remain with the minor at any time between the minor’s arrival and when examination occurs; providing an exception; requiring facility staff to explain to the minor and minor’s parent or guardian certain patient rights; requiring facility staff to attempt to contact the minor’s parent or guardian to obtain consent; providing an exception; authorizing certain medical professionals to write certifications within a certain time period stating that they have examined the minor and make findings as to whether that minor meets the criteria for involuntary commitment; requiring certain persons to take into custody a minor who meet less restrictive means for evaluation when such less restrictive means are not available; requiring a law enforcement officer who transports a minor to write a written report specifying certain information; requiring facilities to submit such records and copies of certain reports to the department in a sworn report; authorizing the department to adopt rules; requiring facilities to notify minors and their parents or guardians of the minor’s right to counsel and to provide minors with the opportunity to immediately consult and be represented by counsel; providing requirements for the transportation of minors to facilities for involuntary examination; requiring that specified examinations of minors admitted to a receiving facility after an involuntary examination be initiated by certain persons; requiring that minors be released from receiving facilities as soon as a specified determination is made; requiring facilities to have at least one staff member with the authority to make such determinations at the facility at all times; authorizing emergency treatment of minors under certain circumstances; requiring that minors be immediately released if a parent or guardian revokes consent for the minor’s admission; prohibiting an examination period from lasting longer than a specified amount of time; requiring that certain actions be taken within the examination period; requiring petitions for involuntary inpatient placement be filed by the facility administrator and contain sworn statements under penalty of perjury that the minor meets the criteria for involuntary placement; prohibiting students from being removed from schools and transported to a receiving facility for involuntary examination unless certain requirements are met; requiring facilities to contact schools for specified information under certain circumstances; requiring facilities to notify the department if schools fail to provide such information; requiring the department, in consultation with the Department of Education, to take certain actions relating to such schools; prohibiting minors receiving treatment for mental illness from being deprived of specified privacy rights; providing construction; requiring that minors be provided with parental or guardian contact; providing an exception; providing construction; requiring receiving facility staff to consult with certain persons to ensure continuity of care and prevent disruption to existing medication regimens; requiring that certain conditions be met before giving or prescribing a minor certain psychotropic medication; providing remedies for minors for specified violations; providing immunity for certain persons acting in good faith; providing an exception; requiring facilities examining minors on a voluntary basis to provide the department with a report containing specified information and copies of certain other reports within a specified timeframe; requiring the department to annually publish specified data relating to such reports; providing construction; requiring the department to contract with a consultancy on crisis services to review the provision of crisis services for minors; providing requirements for such review; providing construction; amending s. 394.467, F.S.; revising requirements for minors to be ordered for involuntary inpatient placement; defining the term “serious bodily harm”; conforming provisions to changes made by the act; amending s. 409.996, F.S.; revising duties of the department relating to evaluations of lead agencies and monitoring out-of home placements; amending s. 1001.212, F.S.; revising data that must be provided by the Office of Safe Schools to support the evaluation of specified mental health services; requiring that the data be updated monthly and made available on the department’s website; authorizing the department to adopt rules; defining the term “mandatory mental health treatment”; requiring school districts, charter school sponsors, and other entities operating a public school to develop, implement, and submit to the office specified policies and procedures by a specified date; providing requirements for such policies and procedures; requiring the office to monitor the effectiveness of such policies and procedures; requiring the Department of Education to adopt rules implementing the most effective policies and procedures on a statewide basis; creating the Telehealth Pilot Program within the Department of Children and Families; providing a purpose for the program; requiring certain persons transporting minors to receiving facilities to first obtain specified advice through telehealth services; prohibiting the telehealth services from being provided by an entity that provides involuntary examination services; requiring the department to analyze and compare specified data and prepare a report summarizing the impact of the program; requiring the department to submit the report to the Governor and the Legislature by a specified date; requiring the Legislature to appropriate funds necessary for the creation and administration of the pilot program; requiring the department to adopt rules; providing for future expiration; amending s. 394.463, F.S.; conforming provisions to changes made by the act; making technical changes; providing effective dates.

AI Summary

Bobby Powell (D)*, 

Died in Children, Families, and Elder Affairs (on 03/08/2024)

Official Document