This presentation, Knowing your Rights in a Forensic Facility, is being brought to you by the Advocacy Center for Persons with Disabilities, Inc. The Advocacy Center is federally funded and designated by the Governor as Florida's protection and advocacy agency. We want to share information with you about the Advocacy Center; talk to you about your rights; share ways in which you can get your complaints heard and help you become a better self-advocate.
Person Served (PS): So what does the Advocacy Center do? Advocate (A): The Advocacy Center provides information and referral, we investigate some incidents of abuse, neglect, and rights violations and we also advocate for individuals with disabilities.
PS: I didn't know I had any rights. A: Everyone has rights. Your rights in a forensic facility come from the U.S. Constitution, the Florida Constitution, the Florida Statutes and Rules, Department of Children and Families Policies, Facility Policies and court decisions. This facility is required to keep a copy of Chapter 916, Florida Statutes, and Rule 65E-20, Florida Administrative Code, available for review.
PS: What is advocacy? A: Advocacy is defending a cause or speaking up about issues or concerns. An advocate is someone who speaks or writes in support of someone else. Self-Advocacy is people speaking up for themselves about their needs, wants and/or wishes.
PS: So what are some of the other rights I have while in a state mental health facility? A: While in a facility, you have basic individual rights that include: * To be treated with respect and to be free of abuse or neglect
A: * You have the right to have appropriate clothing and 3 nutritious meals a day
A: * You have the right to have freedom of movement -- unless restricted by a doctor's order or a judge; plus fresh air and exercise breaks -- unless restricted due to medical or security reasons.
A: * You also have the right to treatment that meets your needs; treatment in the least restrictive setting; a physical exam within 24 hours of admission; and to participate at Treatment Team or Recovery Team meetings.
PS: I don't know much about seclusion or restraint. Can you tell me about that? A: Sure! Seclusion should only be used to keep a person safe during an emergency situation, by restricting their ability to move about freely and keeping them away from other persons. Restraints should only be used to keep a person safe in an emergency situation, by physically holding a person, involuntarily medicating a person, or by mechanical restraints. You have the right to be free from seclusion and restraint unless you are an immediate danger to yourself or others.
PS: You mentioned a Treatment or Recovery Team before. Who are they? A: A Treatment Team or as they are known in many facilities - a Recovery Team is a group of professionals that are assigned to help you get the treatment you need so you can be discharged from this facility. The Team is usually made up of a social worker, a nurse, a medical doctor, a psychiatrist, and sometimes others. They help you develop a treatment plan and a discharge plan. You have the right to be involved in the development of your treatment plan and your discharge plan.
PS: So are the doctors going to force me to take medication? A: You have the right to be informed of your treatment options and to give consent to treatment; to know the potential side effects of any medication or treatment; and to withdraw consent to treatment made by you. If it is determined that you are unable to make good treatment decisions for yourself, the facility administrator will petition the court and ask for a court order to medicate you. At this hearing you will be represented by an attorney and the court must listen to your reasons for not wanting to take the medication. You have a right to testify, have witnesses, and questions witnesses. A court order for medication is good for up to 90 days and can be renewed at a new hearing.
PS: So they can't force me to take medication without taking me to court first? A: In situations where your behavior is determined to be an immediate danger to yourself or others, involuntary medications can be provided to you with a doctor's order.
PS: How will staff know how to help me when I get upset? A: The goal of the staff is to help you, not harm you. Upon admission you were asked to fill out a Personal Safety Plan. This form helps staff know how to help you if you become upset. On the Personal Safety Plan you state what types of things help you calm down when you are upset, what kinds of things make you angry, signs of distress, medical conditions, helpful medications, your trauma history, and other things.
PS: Can I stay in touch with my family and friends while I'm in this facility? A: Yes, you have the right to talk privately by phone and during visitation unless the communication is found to be harmful. Phone time is usually before and after program hours. Ask the staff at your facility about these times. You also have the right to send and receive private mail. If you are without money, the facility must provide you with stationery, writing implements and mail up to three (3) letters a week for you. You have the right to call or to receive calls from your attorney at any reasonable time.
PS: What can I do if I believe I've been abused or neglected? A: If you believe you've been abused or neglected, you have the right to call the Florida Abuse Hotline at 1-800-96ABUSE. This phone number is posted next to every resident telephone in the facility. Your access to a telephone may be delayed if you are in seclusion or restraints.
PS: Will my phone calls be restricted? A: The facility must have a policy on when the phone is available for use. They may not allow you to use the phone during treatment hours but if you want to call the Florida Abuse Hotline, the Florida Local Advocacy Council, the Advocacy Center for Persons with Disabilities or your attorney, you must be permitted to use the phone anytime it is safely possible. Your access to the telephone can be delayed if you are in seclusion or restraints, but you must be permitted to make the call to the Florida Abuse Hotline within 4 hours from the time that you request to use the telephone to report abuse. Your right to communicate freely can be restricted if it is determined to be harmful to yourself or others. If restricted, you must be provided with a written notice stating the reason and the length of the restriction. The order must be reviewed every 7 days.
PS: Staff are always writing in my chart. Can I see what they are writing? A: Yes, you are supposed to have reasonable access to your own records unless it is thought to be harmful to you. Talk with your Recovery Team if you have questions. You also have the right to give permission to specific people or agencies to review your record.
PS: Can my records be released to anyone else? A: Yes, without your consent, a facility can release your records to the court, your attorney, the state attorney, the Department of Children and Families, Department of Corrections, the Social Security Administration, law enforcement agencies, jail personnel, an aftercare provider, qualified researchers or statisticians, appropriate mental health professionals, the Agency for Health Care Administration, the Florida Advocacy Councils, and others by court order. If a person threatens harm to another person, that information can be released to provide an adequate warning to the person threatened. And a person's parents or next of kin may receive a limited summary of the treatment plan and the current physical and mental condition of a resident without the resident's consent.
PS: I was asked if I had a Mental Health Advance Directive. What is that? A: A Mental Health Advance Directive is a document that you fill out when you can make good choices about your treatment and it goes into effect if your doctor thinks you have become unable to make good decisions about your treatment. Examples of what you could put in a Mental Health Advance Directive: Your choice of medication and treatment; How you react to restraint and seclusion; Your Personal Safety Plan; The name of someone you want to be notified if you are admitted to a psychiatric facility.
PS: Can I file a complaint with the facility if I don't like how I'm being treated? A: Yes, each facility is required to have a complaint process. We recommend that you attempt to have your complaint resolved first by talking with staff but you may request a complaint form from staff if you wish to make a formal complaint. The complaint process should be posted by the resident telephone. You should receive a written response to a formal complaint within about 7 days. If you are not satisfied with the response you receive, you have the right to appeal the decision to the facility administrator. Staff can help you with this.
A: There are also other agencies that can help you if you have a complaint? The Florida Abuse Hotline handles abuse and neglect complaints. The Florida Local Advocacy Council is made up of volunteers appointed by the Governor of Florida to investigate complaints against Department of Children and Families provider services. The Agency for Health Care Administration investigates complaints against facilities. The Department of Health takes complaints against licensed professionals such as doctors, nurses, clinical social workers or anyone who is licensed by the State of Florida.
PS: So how can I ever leave this facility? A: The facility staff submit reports to your Judge at regular intervals. If you are here as Incompetent to Proceed (ITP), the facility is going to work with you to help you become competent. Once deemed competent the court will be notified and a hearing will be scheduled. If you are here as Not Guilty by Reason of Insanity (NGI), you are here because you were found to have a mental illness and to be a danger to yourself or others because of the mental illness. If the facility finds that you no longer meet criteria, a report and a conditional release plan will be submitted to the court.
PS: The court put me here, how can I go back before the court? A: The criminal court holds regularly scheduled hearings and the facility sends a clinical summary to the court for this hearing. You have a right to attend the hearing and should notify your attorney of your request. In other instances, if you have a reason to question your placement in this facility, question a denial of a right or a privilege or question a procedure not being followed, you have the right to file a Petition for Writ of Habeas Corpus or a Petition for Redress of Grievance. These forms are available to you by asking staff on your living unit, asking the Resident Advocate, asking a member of your Treatment / Recovery Team or from the facility attorney.
PS: Can I vote while in a state mental health facility? A: You have a right to vote in local, state and federal elections if you are legally competent, eligible, and registered to vote. For further details you may speak with your social worker, the resident advocate, or a Recovery Team member.
This poem was retrieved from the Hope for Mental Health Recovery website and can be found at www.recoveryhope4all.com. The is a poem by Duane Sherry. Recovery is not managing illness - It is discovering wellness - Recovery is not fixing what's broken - It's finding wholeness, meaning, and purpose - A love for life - Recovery is a journey - A reconnection to self, others, nature, and Spirit - A willingness to forgive, an openness toward reconciliation - A search for peace
A: We are providing you this training because you have the right to be heard and to be understood. This information has been provided to help you understand your rights and to help you become a better self-advocate.
A: Thank you for the opportunity to provide you with this information.
If you have any questions, our telephone number is listed next to the resident telephones. It is 1-800-342-0823.