(1) Upon admission to a receiving or treatment facility, each person shall be given notice of his or her right to petition for a writ of habeas corpus and for redress of grievances. Recommended form CF-MH 3036, Feb. 05, “”Notice of Right to Petition for Writ of Habeas Corpus or for Redress of Grievances,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter may be used for this purpose. A copy of the notice shall be provided to the guardian, guardian advocate, representative, or the health care surrogate or proxy, and the person’s clinical record shall contain documentation that the notice was provided. A petition form shall be promptly provided by staff to any person making a request for such a petition. Recommended form CF-MH 3090, Feb. 05, “”Petition for Writ of Habeas Corpus or for Redress of Grievances,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter may be used for this purpose.

Terms Used In Florida Regulations 65E-5.220

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
    (2) Receiving and treatment facilities shall accept and forward to the appropriate court of competent jurisdiction a petition submitted by the person or others in any form in which it is presented.
Rulemaking Authority Florida Statutes § 394.457(5). Law Implemented 394.459(8) FS. History-New 11-29-98, Amended 4-4-05.

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