The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.4785

394.4785 Children and adolescents; admission and placement in mental facilities.—

(1) A child or adolescent as defined in s. 394.492 may not be admitted to a state-owned or state-operated mental health treatment facility. A child may be admitted pursuant to s. 394.4625 or s. 394.467 to a crisis stabilization unit or a residential treatment center licensed under this chapter or a hospital licensed under chapter 395. The treatment center, unit, or hospital must provide the least restrictive available treatment that is appropriate to the individual needs of the child or adolescent and must adhere to the guiding principles, system of care, and service planning provisions contained in part III of this chapter.

(2) A person under the age of 14 who is admitted to any hospital licensed pursuant to chapter 395 may not be admitted to a bed in a room or ward with an adult patient in a mental health unit or share common areas with an adult patient in a mental health unit. However, a person 14 years of age or older may be admitted to a bed in a room or ward in the mental health unit with an adult if the admitting physician documents in the case record that such placement is medically indicated or for reasons of safety. Such placement shall be reviewed by the attending physician or a designee or on-call physician each day and documented in the case record.

History.—ss. 1, 2, ch. 82-212; s. 1, ch. 85-254; s. 1, ch. 87-209; s. 2, ch. 2000-265; s. 152, ch. 2000-349.

F.S. 394.4785 on Google Scholar

F.S. 394.4785 on Casetext

Amendments to 394.4785

Arrestable Offenses / Crimes under Fla. Stat. 394.4785

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.4785.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE DEPARTMENT OF CHILDREN FAMILIES, a v. MORRISON,, 727 So. 2d 404 (Fla. Dist. Ct. App. 1999)

. . . Morrison argues that separate treatment for minors committed for mental treatment is regulated by section 394.4785 . . .

ANICET, v. GANT,, 580 So. 2d 273 (Fla. Dist. Ct. App. 1991)

. . . native Haiti, he was involuntarily committed in 1986 under the terms of the Baker Act, sections 394.451-394.4785 . . .

AMI ANCLOTE MANOR HOSPITAL, A. Jr. AMI v. STATE WEBER, H., 553 So. 2d 199 (Fla. Dist. Ct. App. 1989)

. . . to the state’s parens patriae power, adopted Part I of the Florida Mental Health Act, see §§ 394.451-394.4785 . . .