Sarah said she blamed herself for the subsequent divorce. A subsequent Punta Gorda Police Department internal investigation determined that the school resource officer did nothing wrong. Moreover, it further appears that s. 394.459(9)(f), F.S., in requiring any law enforcement agency that receives information pursuant to that subsection, which is titled "CLINICAL RECORD; CONFIDENTIALITY," to maintain such information as a nonpublic record, has reference only to information contained in the clinical record which may be released or disclosed pursuant to one of the exceptions to confidentiality enumerated in s. 394.459(9)(a)-(h), F.S. And, soon, she was back to her old ways, even though Karen removed all alcohol and sharp knives from the home. (e.s.)

See also AGO 84-33, concluding that only such portions of the initial complaint and arrest report in a criminal case which reveal the "substance of a confession" are exempt from s. 119.07(1)(a). 225 Newburyport Avenue But a News-Press review of law enforcement calls between 2000 and 2017 in Lee and Collier counties show that such school-based cases have grown sharply. 86-145, Laws of Florida, defining "law enforcement officer" to include a city police officer; and s. 394.455(18), F.S., defining "clinical record" as meaning "all parts of the record required to be maintained" and including "all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment."

396, i.e., an "Incident Report-Narrative Form" and a modified arrest report form with references to arrest deleted, from the disclosural requirements of s. 119.07(1)(a), F.S. Read more in this series: Explore the mental health crisis faced by Southwest Florida's kids, Read our editorial: How to address the rise in juvenile Baker Act committals in Florida. If you or a child you love has been affected by mental illness, reach out to us here. "Part of it is the mandate the school staff has to keep the environment safe so everyone can be learning. Nothing in the report indicates that Solan had weapons or any specific plan to harm other students. Both are physical impossibilities. (e.s.) “They completely broke everything that was supposed to be set up to protect him,” Hilary Caskey said. The center's medical evaluation of the boy indicated that he was depressed, noting that he was struggling academically in school. Her friend called the police, who then went to the house.

Other jurisdictions similarly mandate cuffing or, in the case of, say, Collier County, leave it up to individual deputies. "If you have any kind of outburst, if you have any kind of emotion whatsoever and you are not just an order-following automaton, they will Baker Act you.”.

This is especially true in the schools, which may or may not have an on-site psychologist. Chapter 394 is known as “The Baker Act” and as “The Florida Mental Health Act.” The officer shall execute a written report detailing the circumstances under which the person was taken into custody, and the report shall be made a part of the patient's clinical record. Florida civil court records are generally open for public inspection unless a law or a court order specifies otherwise. Fla., 1984), approved, 468 So.2d 218 (Fla. 1985).

"Maybe this prevents a child from getting handcuffed, taken and having to spend the night in a facility away from their family — the whole thing, which is pretty traumatic," he said. that receives information pursuant to this subsection shall maintain such information as a nonpublic record as otherwise provided herein." What records of a municipal police department are not public records pursuant to the Baker Act, Ch. Mr. William A. Liquori But it helped. Follow this reporter on Twitter: @FrankGluck.

"Since the children have no representation we don't know anything about who they are, how they got there, how long they are remaining in the hospital, whether they are appropriate to be in a hospital or not.". 84-285, Laws of Florida), 1984 Session, which noted that s. 6 of Ch. Content warning: This story references incidents of self-harm. Copyright © 2011 State of Florida. Karen Doherty and her daughter Sarah laugh together in their Naples home last year. See generally Ch. But even the committals of children between the ages of 5 and 10 grew 76 percent. (e.s.) School administrators say they don’t track such cases themselves. Fla., 1985), review denied, 488 So.2d 67 (Fla. 1986); Miami Herald Publishing Company v. City of North Miami, 452 So.2d 572 (3 D.C.A. "This all stems from a girlfriend problem that he is having. Solan was a sophomore when his second Baker Act detention happened after the bathroom graffiti exchange.

Officers claim Solan resisted them, resulting in a scuffle on the ground. See also s. 396.032(4), F.S. The person is unable to determine whether an examination is necessary. I had a familiar feeling," he said. Over the last 10 years, the rate of Baker Act committals involving children has more than doubled in Southwest Florida. The Sheriff’s Office will serve the individual and deliver him/her to the nearest receiving facility.

Their increase also tracks with the rise of mass shootings in the United States, and a heightened awareness of that threat, particularly in schools. The Baker Act states that a person cannot be held for involuntary mental health evaluation for more than 72 hours. Assistant Attorney General, Read Attorney General Moody's Week In Review. (1) The written "Report of Law Enforcement Officer" described in s. 394.463(2)(a)2., F.S., and required therein to be made a part of a patient's clinical record, which record is statutorily declared not to be a public record and further declared to be confidential, is exempt from the disclosural requirements of s. 119.07(1)(a), F.S., but other forms or reports prepared by a municipal police department in connection with duties under the Baker Act, Ch. RE: PUBLIC RECORDS LAW--Baker Act and Myers Act One teenage boy, a student at Charlotte High School in Punta Gorda, warned his schoolmate, Solan Caskey, to stay away from a certain teenage girl in a series of Sharpie-penned messages on the school’s bathroom wall. “It was like someone was massacred in her room,” Karen Doherty said.



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