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  INVOUNTARY TREATMENT

Criteria:

  • A person may be the subject of a petition for court-ordered involuntary treatment if that person meets the criteria for involuntary admission provided in Florida Statute 397.675 and 397.693.
  • A petition may be filed on an adult person by:


    • The person’s spouse
    • Guardian
    • Any relative
    • The director of a licensed service provider
    • The director’s designee
    • Any three adults who have personal knowledge of a person’s substance abuse impairment
  • A petition may be filed on a minor by:


    • A parent
    • Legal guardian
    • Legal custodian
    • Licensed service provider

Procedure for an Adult:

  • Petition and other paperwork to be completed at the Clerk’s Office


  • The Court determines if it will grant or deny the petition with or without a hearing (exparte).


  • If the Court grants the petition, a hearing is set within 10 days.


  • The respondent will receive a court appointed attorney.


  • The Notice of hearing will be serviced on the Respondent, guardian or legal custodian, the petitioner, the respondents souse or whomever the court may direct.


  • The Court will hear all relevant evidence.


  • The respondent must be present at the hearing unless it is waived by the court.


  • At the hearing the petitioner(s) have the burden of proving by clear and convincing evidence:


  • The court will determine if the respondent is substance abuse impaired and because of such impairment has lost the power of self-control, or deny the petition.


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