1. The right to be treated with consideration and respect for personal dignity, autonomy, and privacy;

2. The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;

3. The right to be informed of one's own condition, of proposed or current services, treatment or therapies, and of the alternatives;

4. The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client;

5. The right to a current, written, individualized service plan that addresses one's own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either direct or by referral;

6. The right to active and informed participation in the establishment, periodic review, and reassessment of the service plan;

7. The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the client or parent or legal guardian or a minor client or court-appointed guardian of the person of an adult client.

8. The right to have access to one's own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client's treatment plan. "Clear treatment reasons" shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk.

9. The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;

10. The right to receive an explanation of the reasons for denial of service;

11. The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay;

12. The right to know the cost of services;

13. The right to be fully informed of all rights;

14. The right to file a grievance.

15. Since a minor acting alone has the legal capacity to voluntarily apply for and obtain substance abuse services, only the minor participant may give any written consent for disclosure.  This restriction includes, but is not limited to, any disclosure of participant identifying information to the parent, legal guardian, or custodian of a minor participant for obtaining financial reimbursement.  When the consent of a parent, legal guardian, or custodian is required under this chapter in order for a minor to obtain substance abuse services, any written consent for disclosure shall be given by both, the minor and the parent, legal guardian or custodian.

16. Right to Habeas Corpus- At any time, and without notice, an individual involuntarily retained by a provider, or the individual’s parent, guardian, custodian, or attorney on behalf of the individual, may petition for a writ of habeas corpus to question the cause and legality of such retention and request that the court issue a writ for the individual’s release.

17. Liability and Immunity-

(a) Service provider personnel who violate or abuse any right or privilege of an individual under this chapter are liable for damages as determined by law.

(b) All persons acting in good faith, reasonably, and without negligence in connection with the preparation or execution of petitions, applications, certificates, or other documents or the apprehension, detention, discharge, examination, transportation, or treatment of a person under the provisions of this chapter shall be free from all liability, civil or criminal, by reason of such acts.

 

ABUSE HOTLINE 1-800-96-ABUSE (Reporting, Abuse, Neglect and Exploitation)

Local Florida Advocacy Council - Local Office: (954) 377-1000 Statewide: 1-800-342-0825

District  17 Alcohol, Drug Abuse and Mental Health Program Office (954) 453-3426

For Community Resources Assistance  Dial 2-1-1 (First Call for Help)