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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I am a divorced father of two, 1 boy 13 and 1 girl 11.Their

Customer Question

I am a divorced father of two, 1 boy 13 and 1 girl 11.Their mother left 2 years ago.In october of 2014 my daughter started her period. We had an arrangement that when she got low on her pads I would buy more.On Sunday May 3,2015 while I was at work she called me and said she was bleeding profusely from down there. I drove home( less than 2 minutes from my job site),did fast inspection and then rushed her to the ER.At the er the doctors diagnosed her with abnormal vaginal bleeding.(My daughter is very protective of her privates and was having a hard time exposing herself so the doctors could see. The bleeding had slowed down to Normal flow and the doctor recommended we do a followup with her primary care.She had been going to CMS which would mean she would see whatever doctor was on duty when she was smaller. Now that she was older we felt we should get her to a Doctor that she could see regularly. We scheduled a follow up as soon as possible.Earliest was on Wednesday at 2:30pm on the 6th.While we were driving there I told my daughter to tell her new doctor anything she had concerns with as this would be the doctor that would be taking care of her for a good while. When we got there the doctor got me and my daughter back in the room and asked me questions pertaining to her period and events around it. after 5 minutes she asked me to leave the room so my daughter would feel at ease to talk to her. After 20 minutes the doctor came back our and informed me that my daughter is suicidal and told me to take her to the pediatric emergency room across town right now of she was going to call DCF. I complied and at the pediatric unit they took blood and found out she has had a irregular menstrual period since she started it in October. Then they did an involuntary Commitment against my wishes. I had informed them I would take her to counseling and therapy. They Baker Acted her and transported her to a facility. The Pediatric Doctor gave me a prescription to have filled that would get her menstrual period regular and that the irregular menstrual period could account for her depressed state. The facility where she is at is not giving her the medicine to help her menstrual cycle as the doctor ordered instead they have her on 5mg of prozac. She wants to come home and does not want to be there. She has NEVER harmed herself EVER. I tried to explain to the staff that her online bestfriend for 8 months just broke up with her coupled with the menstrual irregularly, the divorce and lack of communication from her mother was strong factors in her mood that day but they refuse to release her so we can get her into counseling. They never even tried to verify any of what she "Told them" behind closed doors away from me.We go for visits everyday to see her and she is hurting from being confined there.When I talk to the staff that is there they always refer me to speak with the Doctor who is always unavailable.When asked if she received her Menstrial medicine this morning between7:30- 8:30am they lied and said it was not approved by the doctor yet and then when pressed they came and said she was going to be given the dose at 8pm tonite.NOT what the prescribing Doctor at the ER stated. I need to know what I can do to get my daughter away from them so we can get her on the meds she is suppost to be on at the correct time and begin therapy for the depression.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.Under Florida law A person may not be held for involuntary examination longer than 72 hours. Within the 72-hour examination period, one of the following must take place:1 The person must be released unless charged with a crime;2 The person must be released for outpatient treatment;3 The person must be asked to give express and informed consent to voluntary placement; or4 A petition for involuntary placement must be filed with the circuit court by the facility administrator. If a person continues to meet the criteria for involuntary placement, the administrator must, prior to the expiration of the period during which the treatment facility is authorized to retain the person, file a petition requesting authorization for continued involuntary placement. The request must be accompanied by a statement from the person’s physician or clinical psychologist justifying the request, a brief description of the person’s treatment during the time he/she was involuntarily placed, and an individualized plan of continued treatment. Hearings on petitions for contAdditionally, receiving and treatment facilities must discharge a person at any time the person no longer meets the criteria for involuntary placement, unless the person has transferred, by express and informed consent, to voluntary status. This discharge does not require consent of the court.
Expert:  Samuel II replied 1 year ago.
Please review this link under the Florida Code 394.459 Rights of patients
Expert:  Samuel II replied 1 year ago.
And particularly the following:(8) HABEAS CORPUS.—(a) At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Each patient held in a facility shall receive a written notice of the right to petition for a writ of habeas corpus.(b) At any time, and without notice, a person who is a patient in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may file a petition in the circuit court in the county where the patient is being held alleging that the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue any order needed to correct an abuse of the provisions of this part.(c) The administrator of any receiving or treatment facility receiving a petition under this subsection shall file the petition with the clerk of the court on the next court working day.(d) No fee shall be charged for the filing of a petition under this subsection.
Expert:  Samuel II replied 1 year ago.
Therefore, I suggest that if it has been beyond the 72 hours the law permits and the physicians have not taken the steps to have a court order to detain her longer, you will need to Petition for the Habeas Corpus.
Expert:  Samuel II replied 1 year ago.
This will need to be filed in the Circuit Court in the county where she is being held for treatment. I suggest, you may consider having a local attorney do this for you or you can check with the Clerk of the Court and see if there is a packet of documents that you can file on your own in this regard.