House Bill hb1799
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Florida House of Representatives - 2001 HB 1799
By the Committee on Child & Family Security and
Representative Detert
1 A bill to be entitled
2 An act relating to integrated children's crisis
3 stabilization unit/juvenile addictions
4 receiving facility services; creating s.
5 394.499, F.S.; authorizing the Department of
6 Children and Family Services, in consultation
7 with the Agency for Health Care Administration,
8 to establish children's behavioral crisis unit
9 demonstration models to provide integrated
10 emergency mental health and substance abuse
11 services to persons under 18 years of age at
12 facilities licensed as children's crisis
13 stabilization units; providing for standards,
14 procedures, and requirements for services;
15 providing eligibility criteria; requiring the
16 department to report on the initial
17 demonstration models; providing for expanding
18 the demonstration models; providing for
19 independent evaluation and report; providing
20 rulemaking authority; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 394.499, Florida Statutes, is
26 created to read:
27 394.499 Integrated children's crisis stabilization
28 unit/juvenile addictions receiving facility services.--
29 (1) Beginning July 1, 2001, the Department of Children
30 and Family Services, in consultation with the Agency for
31 Health Care Administration, is authorized to establish
1
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Florida House of Representatives - 2001 HB 1799
602-158B-01
1 children's behavioral crisis unit demonstration models in
2 Collier, Lee, and Sarasota Counties. By December 31, 2003, the
3 department shall submit to the President of the Senate, the
4 Speaker of the House of Representatives, and the chairs of the
5 Senate and House committees that oversee departmental
6 activities a report that evaluates the number of clients
7 served, quality of services, performance outcomes, and
8 feasibility of continuing or expanding the demonstration
9 models. Beginning July 1, 2004, subject to approval by the
10 Legislature, the department, in cooperation with the agency,
11 may expand the demonstration models to other areas in the
12 state. The children's behavioral crisis unit demonstration
13 models will integrate children's mental health crisis
14 stabilization units with substance abuse juvenile addictions
15 receiving facility services, to provide emergency mental
16 health and substance abuse services that are integrated within
17 facilities licensed and designated by the agency for children
18 under 18 years of age who meet criteria for admission or
19 examination under this section. The services shall be
20 designated as "integrated children's crisis stabilization
21 unit/juvenile addictions receiving facility services," shall
22 be licensed by the agency as children's crisis stabilization
23 units, and shall meet all licensure requirements for crisis
24 stabilization units. The department, in cooperation with the
25 agency, shall develop standards that address eligibility
26 criteria, clinical procedures, staffing requirements,
27 operational, administrative, and financing requirements, and
28 investigation of complaints for such integrated facility
29 services. Standards that are implemented specific to substance
30 abuse services shall meet or exceed existing standards for
31 addictions receiving facilities.
2
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Florida House of Representatives - 2001 HB 1799
602-158B-01
1 (2) Children eligible to receive integrated children's
2 crisis stabilization unit/juvenile addictions receiving
3 facility services include:
4 (a) A person under 18 years of age for whom voluntary
5 application is made by his or her guardian, if such person is
6 found to show evidence of mental illness and to be suitable
7 for treatment pursuant to s. 394.4625. A person under 18 years
8 of age may be admitted for integrated facility services only
9 after a hearing to verify that the consent to admission is
10 voluntary.
11 (b) A person under 18 years of age who may be taken to
12 a receiving facility for involuntary examination, if there is
13 reason to believe that he or she is mentally ill and because
14 of his or her mental illness, pursuant to s. 394.463:
15 1. Has refused voluntary examination after
16 conscientious explanation and disclosure of the purpose of the
17 examination; or
18 2. Is unable to determine for himself or herself
19 whether examination is necessary; and
20 a. Without care or treatment is likely to suffer from
21 neglect or refuse to care for himself or herself; such neglect
22 or refusal poses a real and present threat of substantial harm
23 to his or her well-being; and it is not apparent that such
24 harm may be avoided through the help of willing family members
25 or friends or the provision of other services; or
26 b. There is a substantial likelihood that without care
27 or treatment he or she will cause serious bodily harm to
28 himself or herself or others in the near future, as evidenced
29 by recent behavior.
30
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Florida House of Representatives - 2001 HB 1799
602-158B-01
1 (c) A person under 18 years of age who wishes to enter
2 treatment for substance abuse and applies to a service
3 provider for voluntary admission, pursuant to s. 397.601.
4 (d) A person under 18 years of age who meets the
5 criteria for involuntary admission because there is good faith
6 reason to believe the person is substance abuse impaired
7 pursuant to s. 397.675 and, because of such impairment:
8 1. Has lost the power of self-control with respect to
9 substance use; and
10 2.a. Has inflicted, or threatened or attempted to
11 inflict, or unless admitted is likely to inflict, physical
12 harm on himself or herself or another; or
13 b. Is in need of substance abuse services and, by
14 reason of substance abuse impairment, his or her judgment has
15 been so impaired that the person is incapable of appreciating
16 his or her need for such services and of making a rational
17 decision in regard thereto; however, mere refusal to receive
18 such services does not constitute evidence of lack of judgment
19 with respect to his or her need for such services.
20 (e) A person under 18 years of age who meets the
21 criteria for examination or admission under paragraph (b) or
22 paragraph (d) and has a coexisting mental health and substance
23 abuse disorder.
24 (3) The department shall contract for an independent
25 evaluation of the children's behavioral crisis unit
26 demonstration models to identify the most effective ways to
27 provide integrated crisis stabilization unit/juvenile
28 addiction receiving facility services to children. The
29 evaluation shall be reported to the Legislature by December
30 31, 2003.
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Florida House of Representatives - 2001 HB 1799
602-158B-01
1 (4) The department, in cooperation with the agency, is
2 authorized to adopt rules regarding standards and procedures
3 for integrated children's crisis stabilization unit/juvenile
4 addictions receiving facility services.
5 Section 2. Nothing in this act shall be construed to
6 require an existing crisis stabilization unit or juvenile
7 addictions receiving facility to convert to a children's
8 behavioral crisis unit.
9 Section 3. This act shall take effect upon becoming a
10 law.
11
12 *****************************************
13 HOUSE SUMMARY
14
Authorizes the Department of Children and Family
15 Services, in consultation with the Agency for Health Care
Administration, to establish children's behavioral crisis
16 unit demonstration models to provide integrated emergency
mental health and substance abuse services to persons
17 under 18 at facilities licensed as children's crisis
stabilization units. Provides for designation of such
18 services as "integrated children's crisis stabilization
unit/juvenile addictions receiving facility services."
19 Provides for standards, procedures, and requirements for
services. Provides eligibility requirements. Provides for
20 initial demonstration models in Collier, Lee, and
Sarasota Counties. Provides for independent evaluation of
21 the demonstration models. Requires a report to the
Legislature by December 31, 2003. Provides for expanding
22 the demonstration models to other areas beginning July 1,
2004, subject to legislative approval. Provides
23 rulemaking authority.
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