the threat to law enforcement. A law enforcement agency that receives notification of a specific threat under this subsection must take appropriate action to prevent the risk of harm, including, but not limited to, notifying the intended victim of such threat or initiating a risk protection order. A service provider’s authorization to release information from a clinical record when communicating a threat pursuant to this section may not be the basis of any legal action or criminal or civil liability against the service provider. (5) Information from clinical records may be used for statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals. (6) Information from clinical records may be used by the Agency for Health Care Administration, the department, and the Florida advocacy councils for the purpose of monitoring facility activity and complaints concerning facilities. (7) Clinical records relating to a Medicaid recipient shall be furnished to the Medicaid Fraud Control Unit in the Department of Legal Affairs, upon request. (8) Any person, agency, or entity receiving information pursuant to this section shall maintain such information as confidential and exempt from the provisions of s. 119.07(1). (9) Any facility or private mental health practitioner who acts in good faith in releasing information pursuant to this section is not subject to civil or criminal liability for such release. (10) Nothing in this section is intended to prohibit the parent or next of kin of a person who is held in or treated under a mental health facility or program from requesting and receiving information limited to a summary of that person’s treatment plan and current physical and mental condition. Release of such information shall be in accordance with the code of ethics of the profession involved. (11) Patients shall have reasonable access to their clinical records, unless such access is determined by the patient’s physician to be harmful to the patient. If the patient’s right to inspect his or her clinical record is restricted by the facility, written notice of such restriction shall be given to the patient and the patient’s guardian, guardian advocate, attorney, and representative. In addition, the restriction shall Youth and Young Adult Rights NOTE: The following sections on aspects of foster parenting and services for young adults transitioning out of foster care are excerpted from the most recent revisions and additions Independent Living Act The Nancy C. Detert Common Sense and Compassion Independent Living Act was meant to be an improvement on Florida’s Road-to-Independence program (s. 409.1451), which had been yielding unsatisfactory results (Fraser, 2014). The Act was summarized as follows (Lobbytools, 2013): Citing this Act as the Nancy C. Detert Common Sense and Compassion Independent Living Act, providing that when the court obtains jurisdiction over a child who has been found to be dependent, the court retains
be recorded in the clinical record, together with the reasons for it. The restriction of a patient’s right to inspect his or her clinical record shall expire after 7 days but may be renewed, after review, for subsequent 7-day periods. (12) Any person who fraudulently alters, defaces, or falsifies the clinical record of any person receiving mental health services in a facility subject to this part, or causes or procures any of these offenses to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789. — As used in this Section and Ss. 394. 4786, 394.4788, and 394.4789: (1) “Acute mental health services” means mental health services provided through inpatient hospitalization. (2) “Agency” means the Agency for Health Care Administration. (3) “Charity care” means that portion of hospital charges for care provided to a patient whose family income for the 12 months preceding the determination is equal to or below 150 percent of the current federal nonfarm poverty guideline or the amount of hospital charges due from the patient which exceeds 25 percent of the annual family income and for which there is no compensation. Charity care shall not include administrative or courtesy discounts, contractual allowances to third party payors, or failure of a hospital to collect full charges due to partial payment by governmental programs. (4) “Indigent” means an individual whose financial status would qualify him or her for charity care. (5) “Operating expense” means all common and accepted costs appropriate in developing and maintaining the operating of the patient care facility and its activities. (6) “PMATF” means the Public Medical Assistance Trust Fund. (7) “Specialty psychiatric hospital” means a hospital licensed by the agency pursuant to s. 395.002(28) and part II of chapter 408 as a specialty psychiatric hospital.
to legislation as of this writing. The original laws are quite extensive. For the purpose of this course, the wording is edited to focus on social work applications.
jurisdiction until the child reaches 21 years of age; providing exceptions; directing the Department of Children and Families to work in collaboration with the Board of Governors, the Florida College System, and the Department of Education to help address the need for a comprehensive support structure in the academic arena to assist young adults who have been or remain in the foster care system.
Chapter 2013-178 Committee Substitute for Senate Bill No. 1036 (Excerpt) An act relating to independent living; providing a short title; amending s. 39.013, F.S.; requiring the Department of Children and Families, the community-based care provider, and others to assist a child in developing a transition plan after the child reaches 17 years of age and requiring a meeting to develop the plan; specifying requirements
and procedures for the transition plan; requiring periodic review of the transition plan; requiring the court to approve the transition plan before the child leaves foster care and the court terminates jurisdiction; creating s. 39.6251, F.S.; providing definitions; providing that a young adult may remain in foster care under certain circumstances after
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