Involuntary Substance Abuse Assessment

A Petition for Involuntary Assessment may be filed when there is good-faith reason to believe that:

an individual is substance abuse impaired, and
because of such impairment he/she has lost the power of self-control with respect to substance abuse, and
he/she has inflicted or is likely to inflict physical harm on himself/herself or others unless admitted, or
his/her refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that he/she is incapable of appreciating his/her need for care and of making a rational decision regarding that need for care.

If the individual has refused to submit to an assessment, such refusal must be alleged in the petition.

The petitioner files the petition with the Clerk of Court. The case must be set for a hearing within 10 days, unless the petitioner elects to file an Ex Parte petition. (see next paragraph) Notice of the hearing is provided to the Petitioners at the time of filing, and the patient is served notice of the hearing and summons by a plainclothes deputy sheriff. A magistrate presides at the hearing, and after all relevant testimony is given, may enter an Order for Involuntary Assessment. Unless arrangements have been made for a voluntary assessment, the facility will assess the patient face-to-face. A written assessment is then sent to the court, which, after receiving the written assessment, may proceed with the Petition for Involuntary Treatment.

If an Ex Parte petition is filed, the court may order a law enforcement officer or other designated agent of the court to take the individual into custody and deliver him/her to the nearest appropriate licensed service provider.

Involuntary Substance Abuse Services

A Petition for Involuntary Services may be filed within 12 days, after a court ordered assessment is reviewed by the court and a recommendation is made for involuntary services. The patient is once again served notice of the hearing and summons by a plainclothes deputy sheriff. A magistrate also presides at this hearing and after considering all relevant testimony, may enter an order for involuntary services for a period of up to 90 days.

Involuntary Mental Health Examination Criteria

A Petition for Involuntary Examination may be filed when there is reason to believe an individual is mentally ill and has refused voluntary help because of that mental illness. There would also need to be reason to believe that the person is unable to determine for him or herself that examination is necessary. In addition, there must be a threat to the person’s well-being because she or he did not receive proper care.

It may also be possible that there are no family members or friends available to help, or there may be a likelihood that without care or treatment, the person will cause serious bodily harm in the near future to her or himself or to others, as evidenced by recent behavior. In any case, a patient may not be held in a receiving facility for involuntary examination for more than 72 hours.

Involuntary Mental Health Outpatient Services

If after examining a patient, the administrator of a receiving facility recommends that the patient receive involuntary outpatient services, the patient may be retained by the facility. This must be done after adhering to the notice procedures provided in Florida Statute 394.4599. The recommendation must be supported by the opinion of a psychiatrist and by the second opinion of a clinical psychologist or another psychiatrist. Both professionals must have personally examined the patient within the preceding 72 hours that the criteria for involuntary outpatient placement are met.

Involuntary Mental Health Inpatient Placement

A Petition for Involuntary Placement may be filed by the administrator of a facility licensed by the Department of Children and Families under Florida Statute 394. Once filed, the petition must be heard within five court working days. The public defender is appointed to represent the patient, and a magistrate presides over the hearing. And if the court concludes that the patient meets the criteria for involuntary placement, it will order that the patient to a treatment facility for up to six months.

Habeas Corpus

1. 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.
2. 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.
3. 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.