Florida Statute 394.4785 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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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 or psychiatric nurse documents in the case record that such placement is medically indicated or for reasons of safety. Such placement must 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; s. 23, ch. 2024-15.

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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 Citing Statute 394.4785

Total Results: 3

STATE, DEPT. OF CHILDREN v. Morrison

Court: District Court of Appeal of Florida | Date Filed: 1999-03-10

Citation: 727 So. 2d 404, 1999 WL 124082

Snippet: committed for mental treatment is regulated by section 394.4785, Florida Statutes (1997). Because the Department

Anicet v. Gant

Court: District Court of Appeal of Florida | Date Filed: 1991-05-14

Citation: 580 So. 2d 273, 1991 WL 76242

Snippet: under the terms of the Baker Act, sections 394.451-394.4785, Florida Statutes (1985), to the South Florida

AMI Anclote Manor Hosp. v. State Ex Rel. Weber

Court: District Court of Appeal of Florida | Date Filed: 1989-10-25

Citation: 553 So. 2d 199, 1989 WL 126666

Snippet: the Florida Mental Health Act, see §§ 394.451-394.4785, Fla. Stat. (1987), it did not accord respondents