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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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