Current through Reg. 50, No. 187; September 24, 2024
(1) A
person in a receiving facility shall not be transferred to a state treatment
facility without the completion of a transfer evaluation, in accordance with
Section 394.461(2),
F.S., using mandatory form CF-MH 3089, Feb. 05, "Transfer Evaluation, " which
is hereby incorporated by reference and may be obtained pursuant to Rule
65E-5.120, F.A.C., of this rule
chapter. The process for conducting such transfer evaluations shall be
developed by the community mental health center or clinic and be approved by
the district or regional office of the department where the center or clinic is
located and shall include:
(a) Designation of
the contracted mental health centers or clinics that are responsible for
conducting the transfer evaluations, including the receiving facilities or
persons for which each center or clinic is responsible;
(b) Establishment of the time within which a
mandatory form CF-MH 3089, "Transfer Evaluation, " as referenced in subsection
65E-5.1301(1),
F.A.C., shall be completed. This form shall be completed by the designated
community mental health center and submitted to the court for all persons for
whom involuntary placement in a state treatment facility is sought, and
directly to the state treatment facility for all persons for whom voluntary
admission is sought; and,
(c)
Specification of the minimum training and education of the persons qualified to
conduct the transfer evaluations and the training and educational
qualifications of the evaluators' immediate supervisor. Unless otherwise
established in writing by the district or region, the evaluator shall have at
least a bachelor's degree and the immediate supervisor a master's degree in a
clinical or human services area of study.
(2) A community mental health center or
clinic shall evaluate each person seeking voluntary admission to a state
treatment facility and each person for whom involuntary placement in a state
treatment facility is sought, to determine and document:
(a) Whether the person meets the statutory
criteria for admission to a state treatment facility; and,
(b) Whether there are appropriate more
integrated and less restrictive mental health treatment resources available to
meet the person's needs.
(3) Following an evaluation of the person,
the executive director of the community mental health center or clinic shall
recommend the admission to a state treatment facility or, if criteria for
involuntary placement are not met, to alternative treatment programs and shall
document that recommendation by completing and signing the form CF-MH 3089,
"Transfer Evaluation, " as referenced in subsection
65E-5.1301(1),
F.A.C.
(a) The executive director's
responsibility for completing and signing mandatory form CF-MH 3089, "Transfer
Evaluation, " as referenced in subsection
65E-5.1301(1),
F.A.C., may be delegated in writing to the chief clinical officer of the center
or clinic.
(b) An original
signature on the mandatory form CF-MH 3089, "Transfer Evaluation, " as
referenced in subsection
65E-5.1301(1),
F.A.C., is required.
(c) A copy of
the mandatory form CF-MH 3089, "Transfer Evaluation, " as referenced in
subsection 65E-5.1301(1),
F.A.C., shall be retained in the files of the community mental health center or
clinic.
(d) The completed and
signed mandatory form CF-MH 3089, "Transfer Evaluation, " as referenced in
subsection 65E-5.1301(1),
F.A.C., shall be forwarded to the court before the hearing at which a person's
involuntary placement in a state treatment facility will be considered. The
evaluator, or in the absence of the evaluator, another knowledgeable staff
person employed by the community mental health center or clinic, shall be
present at any hearing on involuntary placement in a state treatment facility
to provide testimony as desired by the court.
Rulemaking Authority
394.457(5) FS.
Law Implemented 394.455(29),
394.461(2)
FS.
New 11-29-98, Amended
4-4-05.
