Police Department Policy

320 - NON-ARREST CUSTODY

Aventura Police Department

Policy Text
II. DEFINITIONS CLINICAL SOCIAL WORKER - A person licensed as a clinical social worker under Florida Law. CLINICAL PSYCHOLOGIST - A person licensed as a clinical psychologist under Florida Law. INCOMPETENT TO CONSENT TO TREATMENT- A person's judgment is so affected by mental illness that the person lacks the capacity to make a well- reasoned, willful and knowing decision concerning their medical or mental health treatment. INVOLUNTARY EXAMINATION - means an examination performed under s. 394.463 to determine if an individual qualifies for involuntary inpatient treatment under s. 394.467(1) or involuntary outpatient treatment under s. 394.4655(1). LAW ENFORCEMENT OFFICER - Law enforcement Officer as defined in Florida Law. MENTAL ILLNESS - An impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment. PARENS PATRIAE (Black's Law Dictionary) - (Latin; Parent of his country) Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people. PHYSICIAN - A medical practitioner licensed under Florida Law who has experience in the diagnosis and treatment of mental and nervous disorders or a physician employed by a facility operated by the United States Department of Veterans Affairs which qualifies as a receiving or treatment facility under this part. PSYCHIATRIC NURSE - A registered nurse licensed under Florida Law who has a master's degree or a doctorate in psychiatric nursing and 2 years of post-master's clinical experience under the supervision of a physician. PSYCHIATRIST - A medical practitioner licensed under Florida Law who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. PUBLIC SERVICE AIDE - Non-sworn personnel assigned to the Operations Division who handle routine calls for service when there is no subject on the scene or potential for violence. RECEIVING FACILITY - Any public or private facility designated by the department to receive and hold involuntary patients under emergency conditions or for psychiatric evaluation and to provide short-term treatment. The term does not include a county jail. TREATMENT FACILITY - Any state-owned, state-operated, or state-supported hospital, center, or clinic designated by the department for extended treatment and hospitalization, beyond that provided for by a receiving facility, of persons who have a mental illness, including facilities of the United States Government, and any private facility designated by the department when rendering such services to a person pursuant to the provisions of this part. Patients treated in facilities of the United States Government shall be solely those whose care is the responsibility of the United States Department of Veterans Affairs.

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