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The Florida Statutes

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.492
394.492 Definitions.As used in ss. 394.490-394.497, the term:
(1) “Adolescent” means a person who is at least 13 years of age but under 18 years of age.
(2) “Case manager” means a person who is responsible for participating in the development of and implementing a services plan, linking service providers to a child or adolescent and his or her family, monitoring the delivery of services, providing advocacy services, and collecting information to determine the effect of services and treatment.
(3) “Child” means a person from birth until the person’s 13th birthday.
(4) “Child or adolescent at risk of emotional disturbance” means a person under 18 years of age who has an increased likelihood of becoming emotionally disturbed because of risk factors that include, but are not limited to:
(a) Being homeless.
(b) Having a family history of mental illness.
(c) Being physically or sexually abused or neglected.
(d) Abusing alcohol or other substances.
(e) Being infected with human immunodeficiency virus (HIV).
(f) Having a chronic and serious physical illness.
(g) Having been exposed to domestic violence.
(h) Having multiple out-of-home placements.
(5) “Child or adolescent who has an emotional disturbance” means a person under 18 years of age who is diagnosed with a mental, emotional, or behavioral disorder of sufficient duration to meet one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association, but who does not exhibit behaviors that substantially interfere with or limit his or her role or ability to function in the family, school, or community. The emotional disturbance must not be considered to be a temporary response to a stressful situation. The term does not include a child or adolescent who meets the criteria for involuntary placement under s. 394.467(1).
(6) “Child or adolescent who has a serious emotional disturbance or mental illness” means a person under 18 years of age who:
(a) Is diagnosed as having a mental, emotional, or behavioral disorder that meets one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association; and
(b) Exhibits behaviors that substantially interfere with or limit his or her role or ability to function in the family, school, or community, which behaviors are not considered to be a temporary response to a stressful situation.

The term includes a child or adolescent who meets the criteria for involuntary placement under s. 394.467(1).

(7) “Child or adolescent who is experiencing an acute mental or emotional crisis” means a child or adolescent who experiences a psychotic episode or a high level of mental or emotional distress which may be precipitated by a traumatic event or a perceived life problem for which the individual’s typical coping strategies are inadequate. The term includes a child or adolescent who meets the criteria for involuntary examination specified in s. 394.463(1).
(8) “Department” means the Department of Children and Families.
History.s. 3, ch. 98-5; s. 2, ch. 2000-349; s. 88, ch. 2014-19.