Florida Regulations 65E-5.290: Involuntary Inpatient Placement
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(1) If a person is retained involuntarily after an involuntary examination is conducted, a petition for involuntary inpatient placement or involuntary outpatient placement shall be filed with the court by the facility administrator within the 72-hour examination period, or if the 72 hours ends on a weekend or legal holiday, the petition shall be filed no later than the next court working day thereafter. Recommended form CF-MH 3032, “”Petition for Involuntary Inpatient Placement,”” as referenced in subFl. Admin. Code R. 65E-5.170(1)(d)1., or recommended form CF-MH 3130, “”Petition for Involuntary Outpatient Placement,”” as referenced in subFl. Admin. Code R. 65E-5.170(1)(d)2., or other forms adopted by the court may be used for this purpose. A copy of the completed petition shall be retained in the person’s clinical record.
(2) Each criterion alleged must be substantiated by evidence.
(3) Use of recommended form CF-MH 3021, Feb. 05, “”Notice of Petition for Involuntary Placement,”” as referenced in subFl. Admin. Code R. 65E-5.285(1)(b)7., or other form used by the court, when properly completed, will satisfy the requirements of Florida Statutes § 394.4599 A copy of that completed form, or its equivalent, shall be retained in the person’s clinical record. Whenever potential involuntary inpatient placement in a state treatment facility is proposed, a copy of the completed notice form shall also be provided to the designated community mental health center or clinic for purposes of conducting a transfer evaluation.
(4) Recommended form CF-MH 3113, Feb. 05, “”Notice to Court – Request for Continuance of Involuntary Placement Hearing,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(b), may be used by the counsel representing a person in requesting a continuance. A completed copy of the form used shall be provided to the facility administrator for retention in the person’s clinical record.
(5) Recommended form CF-MH 3022, Feb. 05, “”Application for Appointment of Independent Expert Examiner,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(c), may be used to request the expert examiner.
(6) Recommended form CF-MH 3033, Feb. 05, “”Notification to Court of Withdrawal of Petition on Involuntary Inpatient or Outpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(d), may be used if the facility administrator seeks to withdraw the petition for involuntary placement prior to the hearing. The facility shall retain a copy in the person’s clinical record. When a facility withdraws a petition for involuntary inpatient placement, it shall notify the court, state attorney, attorney for the person, and guardian or representative by telephone within 1 business day of its decision to withdraw the petition, unless such decision is made within 24 hours prior to the hearing. In such cases, the notification must be made immediately. In all cases involving potential involuntary inpatient placement in a state treatment facility, a copy of the notification form shall also be provided to the designated community mental health center or clinic responsible for conducting a transfer evaluation.
(7) If the court determines the person meets the criteria for involuntary assessment, protective custody, or involuntary admission pursuant to Florida Statutes § 397.675, and issues an order, recommended form CF-MH 3114, Feb. 05, “”Order Requiring Involuntary Assessment and Stabilization for Substance Abuse and for Baker Act Discharge of Person,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(g), or other order used by the court, may be used for this purpose.
(8) If at any time prior to the conclusion of the hearing on involuntary inpatient placement, the person instead meets the criteria for involuntary outpatient placement, the court may order the person evaluated for involuntary outpatient placement. Recommended form CF-MH 3115, Feb. 05, “”Order Requiring Evaluation for Involuntary Outpatient Placement,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter, or other order adopted by the court, may be used.
(9) If the court concludes that the person meets the criteria for involuntary inpatient placement pursuant to Florida Statutes § 394.467, it shall prepare an order. Recommended form CF-MH 3008, “”Order for Involuntary Inpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.1302(1)(b), or other order used by the court, may be used for this purpose. This signed order shall be given to the person, guardian, guardian advocate or representative, counsel for the person, state attorney, and administrator of the receiving or treatment facility, with a copy of the order retained in the person’s clinical record.
(10) In order for the department to implement the provisions of Section 394.463(2)(e), F.S., and to ensure that the Agency for Health Care Administration will be able to analyze the data it receives pursuant to that section, designated receiving facilities and treatment facilities shall forward copies of each recommended form CF-MH 3008, “”Order for Involuntary Inpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.1302(1)(b), or other order provided by the court, accompanied by mandatory form CF-MH 3118, “”Cover Sheet to Agency for Health Care Administration,”” as referenced in subsection 65E-5.280(5), F.A.C., to: BA Reporting Center, FMHI-MHC 2637, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.
Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.463(2)(e), 394.467, 397.675 FS. History-New 11-29-98, Amended 4-4-05, 1-8-07.
Terms Used In Florida Regulations 65E-5.290
- Continuance: Putting off of a hearing ot trial until a later time.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Examination: the integration of the physical examination required under Florida Statutes § 394. See Florida Regulations 65E-5.100
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(3) Use of recommended form CF-MH 3021, Feb. 05, “”Notice of Petition for Involuntary Placement,”” as referenced in subFl. Admin. Code R. 65E-5.285(1)(b)7., or other form used by the court, when properly completed, will satisfy the requirements of Florida Statutes § 394.4599 A copy of that completed form, or its equivalent, shall be retained in the person’s clinical record. Whenever potential involuntary inpatient placement in a state treatment facility is proposed, a copy of the completed notice form shall also be provided to the designated community mental health center or clinic for purposes of conducting a transfer evaluation.
(4) Recommended form CF-MH 3113, Feb. 05, “”Notice to Court – Request for Continuance of Involuntary Placement Hearing,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(b), may be used by the counsel representing a person in requesting a continuance. A completed copy of the form used shall be provided to the facility administrator for retention in the person’s clinical record.
(5) Recommended form CF-MH 3022, Feb. 05, “”Application for Appointment of Independent Expert Examiner,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(c), may be used to request the expert examiner.
(6) Recommended form CF-MH 3033, Feb. 05, “”Notification to Court of Withdrawal of Petition on Involuntary Inpatient or Outpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(d), may be used if the facility administrator seeks to withdraw the petition for involuntary placement prior to the hearing. The facility shall retain a copy in the person’s clinical record. When a facility withdraws a petition for involuntary inpatient placement, it shall notify the court, state attorney, attorney for the person, and guardian or representative by telephone within 1 business day of its decision to withdraw the petition, unless such decision is made within 24 hours prior to the hearing. In such cases, the notification must be made immediately. In all cases involving potential involuntary inpatient placement in a state treatment facility, a copy of the notification form shall also be provided to the designated community mental health center or clinic responsible for conducting a transfer evaluation.
(7) If the court determines the person meets the criteria for involuntary assessment, protective custody, or involuntary admission pursuant to Florida Statutes § 397.675, and issues an order, recommended form CF-MH 3114, Feb. 05, “”Order Requiring Involuntary Assessment and Stabilization for Substance Abuse and for Baker Act Discharge of Person,”” as referenced in Fl. Admin. Code R. 65E-5.285(2)(g), or other order used by the court, may be used for this purpose.
(8) If at any time prior to the conclusion of the hearing on involuntary inpatient placement, the person instead meets the criteria for involuntary outpatient placement, the court may order the person evaluated for involuntary outpatient placement. Recommended form CF-MH 3115, Feb. 05, “”Order Requiring Evaluation for Involuntary Outpatient Placement,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter, or other order adopted by the court, may be used.
(9) If the court concludes that the person meets the criteria for involuntary inpatient placement pursuant to Florida Statutes § 394.467, it shall prepare an order. Recommended form CF-MH 3008, “”Order for Involuntary Inpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.1302(1)(b), or other order used by the court, may be used for this purpose. This signed order shall be given to the person, guardian, guardian advocate or representative, counsel for the person, state attorney, and administrator of the receiving or treatment facility, with a copy of the order retained in the person’s clinical record.
(10) In order for the department to implement the provisions of Section 394.463(2)(e), F.S., and to ensure that the Agency for Health Care Administration will be able to analyze the data it receives pursuant to that section, designated receiving facilities and treatment facilities shall forward copies of each recommended form CF-MH 3008, “”Order for Involuntary Inpatient Placement,”” as referenced in Fl. Admin. Code R. 65E-5.1302(1)(b), or other order provided by the court, accompanied by mandatory form CF-MH 3118, “”Cover Sheet to Agency for Health Care Administration,”” as referenced in subsection 65E-5.280(5), F.A.C., to: BA Reporting Center, FMHI-MHC 2637, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.
Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.463(2)(e), 394.467, 397.675 FS. History-New 11-29-98, Amended 4-4-05, 1-8-07.