Florida Statutes

Fla. Stat. § 394.4781 (2025)

Residential care for psychotic and emotionally disturbed children.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1980–1993 · leading case: State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991).

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State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). · cites it 7× “Specifically, section 394.4781, Florida Statutes, requires the Department to administer a program to purchase mental health services for children diagnosed to be psychotic or emotionally disturbed.”

State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). · cites it 6× “Specifically, section 394.4781, Florida Statutes, requires the Department to administer a program to purchase mental health services for children diagnosed to be psychotic or emotionally disturbed.”

Dept. of Health & Rehab. Serv v. Vl, 583 So. 2d 765 (Fla. 5th DCA 1991). · cites it 2× “NOTES [1] § 394.4781(3)(b), Fla. Stat. (1989); Fla.”

In Interest of LW, 615 So. 2d 834 (Fla. 4th DCA 1993). · cites it 2× “The appellate court affirmed because the trial court's order did not require a placement in a specific institution and did not contravene the Department's authority, under section 394.4781, Florida Statutes (1991) not to place children in treatment facilities where there are no…”

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Soc'y, Inc., 382 So. 2d 1280 (Fla. 1st DCA 1980). “There is a provision for residential care for psychotic or severely emotionally disturbed children under Section 394.4781. There is also specific authority for the licensing and regulation of drug abuse treatment and education centers under Chapter 397, Florida Statutes.”

— 394.4781(3)(b) — 3 cases

Dept. of Health & Rehab. Serv v. Vl, 583 So. 2d 765 (Fla. 5th DCA 1991). “NOTES [1] § 394.4781(3)(b), Fla. Stat. (1989); Fla.”

State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “Specifically, section 394.4781, Florida Statutes, requires the Department to administer a program to purchase mental health services for children diagnosed to be psychotic or emotionally disturbed.”

State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “Specifically, section 394.4781, Florida Statutes, requires the Department to administer a program to purchase mental health services for children diagnosed to be psychotic or emotionally disturbed.”

— 394.4781(3)(c) — 2 cases

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