Florida Statute 39.395 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.395

39.395 Detaining a child; medical or hospital personnel.—Any person in charge of a hospital or similar institution, or any physician or licensed health care professional treating a child may detain that child without the consent of the parents, caregiver, or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such that returning the child to the care or custody of the parents, caregiver, or legal custodian presents an imminent danger to the child’s life or physical or mental health. Any such person detaining a child shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of this chapter and shall make every reasonable effort to immediately notify the parents or legal custodian that such child has been detained. If the department determines, according to the criteria set forth in this chapter, that the child should be detained longer than 24 hours, it shall petition the court through the attorney representing the Department of Children and Families as quickly as possible and not to exceed 24 hours, for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible.

History.—s. 56, ch. 98-403; s. 21, ch. 99-193; s. 19, ch. 2014-19.

F.S. 39.395 on Google Scholar

F.S. 39.395 on Casetext

Amendments to 39.395

Arrestable Offenses / Crimes under Fla. Stat. 39.395

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.395.

Annotations, Discussions, Cases:

Cases Citing Statute 39.395

Total Results: 2

D.M. v. J.D.M. ex rel. C.F.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-03T00:00:00-08:00

Citation: 814 So. 2d 1112, 2002 Fla. App. LEXIS 4275

Snippet: provisions respecting sheltering of children. See §§ 39.395-4086, Fla. Stat. (2001). For instance, any person…DCFS, which may lead to a shelter petition. See § 39.395, Fla. Stat. (2001). This circumstance might occur

DM v. JDM Ex Rel. CF

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-02T23:53:00-08:00

Citation: 814 So. 2d 1112

Snippet: provisions respecting sheltering of children. See §§ 39.395-.4086, Fla. Stat. (2001). For instance, any person…DCFS, which may lead to a shelter petition. See § 39.395, Fla. Stat. (2001). This circumstance might occur