Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.290 - Involuntary Inpatient Placement

Current through Reg. 50, No. 138; July 16, 2024
(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 subparagraph
				 65E-5.170(1)(d) 
				1., F.A.C., or recommended form CF-MH 3130, "Petition for Involuntary
				Outpatient Placement, " as referenced in subparagraph
				 65E-5.170(1)(d) 
				2., F.A.C., 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
				subparagraph  65E-5.285(1)(b) 
				7., F.A.C., or other form used by the court, when properly completed, will
				satisfy the requirements of Section
				 394.4599, F.S. 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 paragraph
				 65E-5.285(2)(b),
				F.A.C., 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
				paragraph  65E-5.285(2)(c),
				F.A.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 paragraph
				 65E-5.285(2)(d),
				F.A.C., 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 Section
				 397.675, F.S., 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 paragraph
				 65E-5.285(2)(g),
				F.A.C., 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 Rule  65E-5.120, F.A.C., 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 Section
				 394.467, F.S., it shall prepare
				an order. Recommended form CF-MH 3008, "Order for Involuntary Inpatient
				Placement, " as referenced in paragraph
				 65E-5.1302(1)(b),
				F.A.C., 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
				paragraph  65E-5.1302(1)(b),
				F.A.C., 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.
New 11-29-98, Amended 4-4-05,
					 1-8-07.