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The Florida Statutes

The 2003 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
View Entire Chapter
Section 393.115, Florida Statutes 2003

393.115  Discharge.--

(1)  DISCHARGE AT THE AGE OF MAJORITY.--

(a)  When any residential client reaches his or her 18th birthday, the department shall give the resident or legal guardian the option to continue residential services or to be discharged from residential services.

(b)  If the resident appears to meet the criteria for involuntary admission to residential services, as defined in s. 393.11, the department shall file a petition to determine the appropriateness of continued residential placement on an involuntary basis. The department shall file the petition for involuntary admission in the county in which the client resides. If the resident was originally involuntarily admitted to residential services pursuant to s. 393.11, then the department shall file the petition in the court having continuing jurisdiction over the case.

(c)  Nothing in this section shall in any way limit or restrict the resident's right to a writ of habeas corpus or the right of the department to transfer a resident receiving residential care to a program of appropriate services provided by the department when such program is the appropriate habilitative setting for the resident.

(2)  DISCHARGE AFTER CRIMINAL OR JUVENILE COMMITMENT.--Any person with developmental disabilities committed to the custody of the department pursuant to the provisions of the applicable criminal or juvenile court law shall be discharged in accordance with the requirements of the applicable criminal or juvenile court law.

History.--s. 7, ch. 7887, 1919; ss. 2, 3, ch. 10272, 1925; CGL 3669, 3674-3676; s. 1, ch. 61-426; ss. 19, 35, ch. 69-106; s. 1, ch. 70-343; s. 1, ch. 70-439; s. 7, ch. 73-308; s. 194, ch. 77-147; s. 3, ch. 77-335; s. 19, ch. 78-95; s. 9, ch. 88-398; s. 16, ch. 89-308; s. 702, ch. 95-148.

Note.--Former s. 393.05.

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