Title: Restraint of Juveniles

Summary: Requires officers transporting minor for purposes of involuntary examination to use least restrictive manner of restraint necessary under circumstances.

Full Text:
An act relating to restraint of juveniles; amending s. 394.463, F.S.; requiring officers transporting a minor for purposes of involuntary examination to use the least restrictive manner of restraint necessary under the circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (2) of section 394.463, Florida Statutes, is am ended to read: 394.463 Involuntary examination.-(2) INVOLUNTARY EXAMINATION.-(a) An involuntary examination may be initiated by any one of the following means: 1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropria te, or the HB 1027 2020 nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The order of the court shall be made a part of the patient's clinical record. A fee may not be charged for the filing of an order under this subsection. A facility accepting the patient based on this order must send a copy of the order to the department within working days. The order may be submitted electronically through existing data systems, if available. The order shall be valid onl yuntil the person is delivered to the facility or for the period specified in the order itself, whichever comes first. If no time limit is specified in the order, the order shall be valid for 36 days after the date that the order was signed. 2. A law enf orcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. An officer transporting a minor under this subparagraph shall restrain the minor in the least restrictive manner necessary under the circumstances. The officer shall execute a written report detailing the circumstances under which the person was taken into custody, which must be made a part of the patient's clinical record. Any facility accepting the patient based on this report must send a copy of the report to the department within working days. HB 1027 2020 3. A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker may execute a certificate stating that he or she has examined a person within the preceding hours and finds that the person appears to mee tthe criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take in to custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody. The report and certificate shall be made a part of the patient's clinical record. Any facility accepting the patient based on this certificate must send a copy of the certifica te to the department within working days. The document may be submitted electronically through existing data systems, if applicable. When sending the order, report, or certificate to the department, a facility shall, at a minimum, provide information about which action was taken regarding the patient under paragraph (g), which information shall also be made a part of HB 1027 2020 the patient's clinical record. Section 2. This act shall take effect July 1, 2020.