Rights in a Forensic Mental Health Facility

Rights of Individuals in Mental Health Facilities

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

• Access to a telephone to call family, friends, etc. during specific hours;
• Access to a telephone to report abuse or to call an attorney at anytime;
• Visitation with family and friends;
• Access to speak privately during calls and visits;
• Protection of confidential records;
• Information on how to report a complaint;
• Access to voting in national, state and municipal elections;
• Provision of express and informed consent to medications by a competent individual;
• Access to grounds unless restricted for medical or safety reasons;
• To be free from abuse and neglect;
• To be treated respectfully;
• Provision of reasonable accommodations under the Americans with Disabilities Act (ADA)
• Identification of a representative to be notified in case of emergency; notified of admission and/or invited to Treatment Team meetings;
• Placement in the least restrictive (limiting) and most appropriate and available setting;
• A physical examination within 24 hours;
• Participation in the development of a treatment plan and a discharge plan;
• To keep clothing and personal items unless removed for safety or medical reasons;
• 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.

How to report a Rights Violation

How to report a Rights Violation: 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:

• question placement in this facility
• question a denial of a right or privilege
• question a procedure not being followed

Staff members at the facility will provide the individual a copy of a Writ and will assist in filing the Writ with the Clerk of the County Court.

An individual also has the right to contact an attorney.

Links

• Florida Statutes on the Rights of Individuals in Forensic Mental Health Facilities
• Local Advocacy Council

Training

Knowing Your Rights in a Forensic Facility

QuickTime is required to view the training video. If you do not have QuickTime, you can download it here.

• Download the Training (right click on the link and select "Save Target As")
• Fully Accessible HTML Version (will open in a new window)

Knowing Your Rights in a Forensic Facility