Rights in a Civil Mental Health Facility

Everyone living in the United States of America has certain legal rights, including individuals detained in a civil mental health facility. In Florida, individuals in mental health facilities get their rights from various sources including the Florida Statutes, the Florida Department of Children & Families policies, and from court decisions.

When an individual believes that his/her rights have been violated, he/she has a right to report that violation and seek resolution.

Rights in Mental Health Facilities
Reporting Rights Violations
Links
Training

Rights in Mental Health Facilities

Some specific rights of individuals residing in civil mental health facilities are:

To be treated with dignity and respect;
To be free of abuse and neglect;
To be treated in the least restrictive setting;
To receive a physical examination within 24 hours after arrival;
To participate in the development of an individualized treatment plan and discharge plan;
To give express and informed consent to treatment by competent individuals;
To access a system for filing complaints;
To be free of seclusion and restraint unless imminent danger is evident;
To access a telephone to report abuse or speak to an attorney at anytime.
To access a telephone for private communication with family and friends unless such communication is deemed harmful;
To immediate access by a person’s family, guardian, guardian advocate, representative, attorney, or Florida statewide or local advocacy council;
To have personal property and clothing inventoried upon admission and to receive a copy of the inventory;
To vote in national, state and municipal elections if eligible and registered to vote;
To contact the court to request a review of the reason and legality of his/her detention, a denial of a right or privilege, or a procedure that is not being followed;
To reasonable accommodations under the Americans with Disabilities Act (ADA);
To protection of confidential records;
To access to grounds unless restricted for medical or safety reasons

Reporting Rights Violations

An individual can report a rights violation by contacting the Local Advocacy Council at 1-800-342-0825 or the Advocacy Center for Persons with Disabilities, Inc. at 1-800-342-0823.

An individual can also write to the court by filing a Writ of Habeas corpus or a Petition for Redress of Grievance to: