Upon admission to a receiving or treatment facility, staff must notify each person of their right to petition for a writ of habeas corpus and for redress of grievances, provide documentation in the clinical record, and give copies to guardians or representatives. Facilities must accept and forward any such petition to the appropriate court, regardless of the form in which it is submitted.
View official source65E-5.220 Right to Habeas Corpus. (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 Rule 65E-5.120, F.A.C., 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 Rule 65E-5.120, F.A.C., of this rule chapter may be used for this purpose. (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 394.457(5) FS. Law Implemented 394.459(8) FS. History–New 11-29-98, Amended 4-4-05.