Florida Statute 394.4781 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.4781

394.4781 Residential care for psychotic and emotionally disturbed children.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Department” means the Department of Children and Families.

(b) “Psychotic or severely emotionally disturbed child” means a child so diagnosed by a psychiatrist or a clinical psychologist with at least 3 years of clinical experience, each of whom must have specialty training and experience with children. Such a severely emotionally disturbed child or psychotic child shall be considered by this diagnosis to benefit by and require residential care as contemplated by this section.

(2) FUNDING OF PROGRAM.—The department shall provide for the purposes of this section such amount as shall be set forth in the annual appropriations act as payment for part of the costs of residential care for psychotic or severely emotionally disturbed children.

(3) ADMINISTRATION OF THE PROGRAM.—

(a) The department shall provide the necessary application forms and office personnel to administer the purchase-of-service program.

(b) The department shall review such applications monthly and, in accordance with available funds, the severity of the problems of the child, the availability of the needed residential care, and the financial means of the family involved, approve or disapprove each application. If an application is approved, the department shall contract for or purchase the services of an appropriate residential facility in such amounts as are determined by the annual appropriations act.

(c) The department is authorized to promulgate such rules as are necessary for the full and complete implementation of the provisions of this section.

(d) The department shall purchase services only from those facilities which are in compliance with standards promulgated by the department.

(4) RULE ADOPTION.—The department may adopt rules to carry out this section, including rules concerning review and approval of applications for placement, cost sharing, and client eligibility for placement, and rules to ensure that facilities from which the department purchases or contracts for services under this section provide:

(a) Minimum standards for client care and treatment practices, including ensuring that sufficient numbers and types of qualified personnel are on duty and available at all times to provide necessary and adequate client safety, care, and security.

(b) Minimum standards for client intake and admission, eligibility criteria, discharge planning, assessment, treatment planning, continuity of care, treatment modalities, service array, medical services, physical health services, client rights, maintenance of client records, and management of the treatment environment, including standards for the use of seclusion, restraints, and time-out.

(c) Minimum standards for facility operation and administration, fiscal accountability, personnel policies and procedures, and staff education, qualifications, experience, and training.

(d) Minimum standards for adequate infection control, housekeeping sanitation, disaster planning, firesafety, construction standards, and emergency services.

(e) Minimum standards for the establishment, organization, and operation of the licensed facility in accordance with program standards of the department.

(f) Licensing requirements.

History.—ss. 1, 2, 3, ch. 77-287; s. 156, ch. 79-400; s. 16, ch. 82-212; s. 3, ch. 98-152; s. 99, ch. 99-8; s. 85, ch. 2014-19; s. 22, ch. 2024-15.

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Amendments to 394.4781

Arrestable Offenses / Crimes under Fla. Stat. 394.4781

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.4781.

Annotations, Discussions, Cases:

Cases Citing Statute 394.4781

Total Results: 9

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-09-28

Snippet: Butterworth Attorney General RAB/tgk 1 See, s. 394.4781(2), Fla. Stat. (1993), which requires the Department

In Interest of LW

Court: District Court of Appeal of Florida | Date Filed: 1993-03-17

Citation: 615 So. 2d 834, 1993 Fla. App. LEXIS 2875, 1993 WL 74290

Snippet: contravene the Department's authority, under section 394.4781, Florida Statutes (1991) not to place children

Dept. of Health & Rehab. Serv v. Vl

Court: District Court of Appeal of Florida | Date Filed: 1991-08-01

Citation: 583 So. 2d 765, 1991 WL 140874

Snippet: W. SHARP and COWART, JJ., concur. NOTES [1] § 394.4781(3)(b), Fla. Stat. (1989); Fla. Admin. Code Rule

State, Department of Health & Rehabilitative Services v. Brooke

Court: District Court of Appeal of Florida | Date Filed: 1991-01-02

Citation: 573 So. 2d 363, 1991 Fla. App. LEXIS 45

Snippet: legislative appropriations. Specifically, section 394.4781, Florida Statutes, requires the Department to

STATE, DEPT. OF HEALTH & REHAB. SERVS. v. Brooke

Court: District Court of Appeal of Florida | Date Filed: 1991-01-02

Citation: 573 So. 2d 363

Snippet: legislative appropriations. Specifically, section 394.4781, Florida Statutes, requires the Department to

C.N. v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-06-28

Citation: 433 So. 2d 661, 1983 Fla. App. LEXIS 19767

Snippet: of the Florida Mental Health Act (§§ 394.451 — 394.4781, Fla.Stat. (1981)), has, consistent with legislative

CN v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-06-28

Citation: 433 So. 2d 661

Snippet: of the Florida Mental Health Act (§§ 394.451 394.4781, Fla. Stat. (1981)), has, consistent with legislative

State v. Kinner

Court: Supreme Court of Florida | Date Filed: 1981-05-21

Citation: 398 So. 2d 1360

Snippet: appellee under the Baker Act, sections 394.451 394.4781, Florida Statutes (1977). Subsequent to filing

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-04-16

Citation: 382 So. 2d 1280

Snippet: severely emotionally disturbed children under Section 394.4781. There is also specific authority for the licensing