reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part IV - Voluntary Admissions Procedures (S. 397.601) › 397.601 - Voluntary admissions.

397.601 Voluntary admissions.—
(1) A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission.
(2) Within the financial and space capabilities of the service provider, a person must be admitted to treatment when sufficient evidence exists that the person is impaired by substance abuse and the medical and behavioral conditions of the person are not beyond the safe management capabilities of the service provider.
(3) The service provider must emphasize admission to the service component that represents the least restrictive setting that is appropriate to the person’s treatment needs.
(4)(a) The disability of minority for persons under 18 years of age is removed solely for the purpose of obtaining voluntary substance abuse impairment services from a licensed service provider, and consent to such services by a minor has the same force and effect as if executed by an individual who has reached the age of majority. Such consent is not subject to later disaffirmance based on minority.
(b) Except for purposes of law enforcement activities in connection with protective custody, the disability of minority is not removed if there is an involuntary admission for substance abuse services, in which case parental participation may be required as the court finds appropriate.
(5) A service provider must document that, within 24 hours of admission, individuals admitted on a voluntary basis have been provided with the option to authorize the release of information from their clinical record to the individual’s health care surrogate or proxy, attorney, representative, or other known emergency contact.
History.—s. 5, ch. 93-39; s. 27, ch. 2009-132; s. 9, ch. 2022-36.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart A - General Provisions › 397.675 - Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.

397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.—A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder and, because of such impairment or disorder:
(1) Has lost the power of self-control with respect to substance abuse; and
(2)(a) Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or
(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.
History.—s. 6, ch. 93-39; s. 737, ch. 95-148; s. 23, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart A - General Provisions › 397.6752 - Referral of involuntarily admitted individual for voluntary treatment.

397.6752 Referral of involuntarily admitted individual for voluntary treatment.—Upon giving his or her written informed consent, an involuntarily admitted individual may be referred to a service provider for voluntary admission when the service provider determines that the individual no longer meets involuntary criteria.
History.—s. 6, ch. 93-39; s. 739, ch. 95-148; s. 29, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart A - General Provisions › 397.6758 - Release of individual from protective custody, emergency admission, involuntary assessment, involuntary treatment, and alternative involuntary assessment of a minor.

397.6758 Release of individual from protective custody, emergency admission, involuntary assessment, involuntary treatment, and alternative involuntary assessment of a minor.—An individual involuntarily admitted to a licensed service provider may be released without further order of the court only by a qualified professional in a hospital, a detoxification facility, an addictions receiving facility, or any less restrictive treatment component. Notice of the release must be provided to the applicant in the case of an emergency admission or an alternative involuntary assessment for a minor, or to the petitioner and the court if the involuntary assessment or treatment was court ordered. In the case of a minor, the release must be:
(1) To the individual’s parent, legal guardian, or legal custodian or the authorized designee thereof;
(2) To the Department of Children and Families pursuant to s. 39.401; or
(3) To the Department of Juvenile Justice pursuant to s. 984.13.
History.—s. 6, ch. 93-39; s. 35, ch. 98-280; s. 30, ch. 2009-132; s. 115, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart A - General Provisions › 397.6759 - Parental participation in treatment.

397.6759 Parental participation in treatment.—A parent, legal guardian, or legal custodian who seeks involuntary admission of a minor pursuant to ss. 397.675-397.6977 is required to participate in all aspects of treatment as determined appropriate by the director of the licensed service provider.
History.—s. 6, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart A - General Provisions › 397.6760 - Court records; confidentiality.

397.6760 Court records; confidentiality.—
(1) All petitions for involuntary assessment and stabilization, court orders, and related records that are filed with or by a court under this part are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made confidential and exempt by this section may be disclosed by the clerk of the court, upon request, to any of the following:
(a) The petitioner.
(b) The petitioner’s attorney.
(c) The respondent.
(d) The respondent’s attorney.
(e) The respondent’s guardian or guardian advocate, if applicable.
(f) In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate.
(g) The respondent’s treating health care practitioner.
(h) The respondent’s health care surrogate or proxy.
(i) The Department of Children and Families, without charge.
(j) The Department of Corrections, without charge, if the respondent is committed or is to be returned to the custody of the Department of Corrections from the Department of Children and Families.
(k) A person or entity authorized to view records upon a court order for good cause. In determining if there is good cause for the disclosure of records, the court must weigh the person or entity’s need for the information against potential harm to the respondent from the disclosure.
(2) This section does not preclude the clerk of the court from submitting the information required by s. 790.065 to the Department of Law Enforcement.
(3) The clerk of the court may not publish personal identifying information on a court docket or in a publicly accessible file.
(4) A person or entity receiving information pursuant to this section shall maintain that information as confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(5) The exemption under this section applies to all documents filed with a court before, on, or after July 1, 2017.
History.—s. 1, ch. 2017-25; s. 32, ch. 2018-3; s. 62, ch. 2019-3; s. 1, ch. 2022-44.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.677 - Protective custody; circumstances justifying.

397.677 Protective custody; circumstances justifying.—A law enforcement officer may implement protective custody measures as specified in this part when a minor or an adult who appears to meet the involuntary admission criteria in s. 397.675 is:
(1) Brought to the attention of law enforcement; or
(2) In a public place.
History.—s. 6, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.6771 - Protective custody with consent.

397.6771 Protective custody with consent.—A person in circumstances which justify protective custody, as described in s. 397.677, may consent to be assisted by a law enforcement officer to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate.
History.—s. 6, ch. 93-39; s. 740, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.6772 - Protective custody without consent.

397.6772 Protective custody without consent.—
(1) If a person in circumstances which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person:
(a) Take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person’s will but without using unreasonable force. The officer shall use the standard form developed by the department pursuant to s. 397.321 to execute a written report detailing the circumstances under which the person was taken into custody. The report must include all emergency contact information for the person that is readily accessible to the law enforcement officer, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. Such emergency contact information may be used by a hospital or licensed detoxification or addictions receiving facility only for the purpose of informing listed emergency contacts of a patient’s whereabouts pursuant to s. 119.0712(2)(d). The written report shall be included in the patient’s clinical record; or
(b) In the case of an adult, detain the person for his or her own protection in any municipal or county jail or other appropriate detention facility.
Such detention is not to be considered an arrest for any purpose, and no entry or other record may be made to indicate that the person has been detained or charged with any crime. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within the first 8 hours after detention that the person has been detained. It is the duty of the detention facility to arrange, as necessary, for transportation of the person to an appropriate licensed service provider with an available bed. Persons taken into protective custody must be assessed by the attending physician within the 72-hour period and without unnecessary delay, to determine the need for further services.
(2) The law enforcement officer must notify the nearest relative of a minor in protective custody and must notify the nearest relative or other known emergency contact of an adult, unless the adult requests that there be no notification. The law enforcement officer must document such notification, and any attempts at notification, in the written report detailing the circumstances under which the person was taken into custody as required under paragraph (1)(a).
History.—s. 6, ch. 93-39; s. 741, ch. 95-148; s. 24, ch. 2016-241; s. 10, ch. 2022-36.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.6773 - Dispositional alternatives after protective custody.

397.6773 Dispositional alternatives after protective custody.—
(1) An individual who is in protective custody must be released by a qualified professional when:
(a) The individual no longer meets the involuntary admission criteria in s. 397.675;
(b) The 72-hour period has elapsed; or
(c) The individual has consented to remain voluntarily at the licensed service provider.
(2) An individual may only be retained in protective custody beyond the 72-hour period when a petition for involuntary assessment or treatment has been initiated. The timely filing of the petition authorizes the service provider to retain physical custody of the individual pending further order of the court.
History.—s. 6, ch. 93-39; s. 742, ch. 95-148; s. 31, ch. 2009-132; s. 25, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.6774 - Department to maintain lists of licensed facilities.

397.6774 Department to maintain lists of licensed facilities.—The department shall provide each municipal and county public safety office with a list of licensed hospitals, detoxification facilities, and addictions receiving facilities, including the name, address, and phone number of, and the services offered by, the licensed service provider.
History.—s. 6, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart B - Noncourt Involved Admissions:Protective Custody › 397.6775 - Immunity from liability.

397.6775 Immunity from liability.—A law enforcement officer acting in good faith pursuant to this part may not be held criminally or civilly liable for false imprisonment.
History.—s. 6, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart C - Noncourt Involved Admissions;Emergency › 397.679 - Emergency admission; circumstances justifying.

397.679 Emergency admission; circumstances justifying.—A person who meets the criteria for involuntary admission in s. 397.675 may be admitted to a hospital or to a licensed detoxification facility or addictions receiving facility for emergency assessment and stabilization, or to a less intensive component of a licensed service provider for assessment only, upon receipt by the facility of a certificate by a physician, an advanced practice registered nurse, a psychiatric nurse, a clinical psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, a physician assistant working under the scope of practice of the supervising physician, or a master’s-level-certified addictions professional for substance abuse services, if the certificate is specific to substance abuse impairment, and the completion of an application for emergency admission.
History.—s. 6, ch. 93-39; s. 26, ch. 2016-241; s. 27, ch. 2018-106.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart C - Noncourt Involved Admissions;Emergency › 397.6791 - Emergency admission; persons who may initiate.

397.6791 Emergency admission; persons who may initiate.—The following persons may request a certificate for emergency assessment or admission:
(1) In the case of an adult, any professional who may issue a professional certificate pursuant to s. 397.6793, the person’s spouse or legal guardian, any relative of the person, or any other responsible adult who has personal knowledge of the person’s substance abuse impairment.
(2) In the case of a minor, the minor’s parent, legal guardian, or legal custodian.
History.—s. 6, ch. 93-39; s. 27, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart C - Noncourt Involved Admissions;Emergency › 397.6795 - Transportation-assisted delivery of persons for emergency assessment.

397.6795 Transportation-assisted delivery of persons for emergency assessment.—An applicant for a person’s emergency admission, the person’s spouse or guardian, or a law enforcement officer may deliver a person named in the professional’s certificate for emergency admission to a hospital or a licensed detoxification facility or addictions receiving facility for emergency assessment and stabilization.
History.—s. 6, ch. 93-39; s. 29, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart C - Noncourt Involved Admissions;Emergency › 397.6797 - Dispositional alternatives after emergency admission.

397.6797 Dispositional alternatives after emergency admission.—Within 72 hours after an emergency admission to a hospital or a licensed detoxification or addictions receiving facility, the individual must be assessed by the attending physician to determine the need for further services. Within 5 days after an emergency admission to a nonresidential component of a licensed service provider, the individual must be assessed by a qualified professional to determine the need for further services. Based upon that assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional if a less restrictive component was used, must either:
(1) Release the individual and, where appropriate, refer the individual to other needed services; or
(2) Retain the individual when:
(a) The individual has consented to remain voluntarily at the licensed provider; or
(b) A petition for involuntary assessment or treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.
History.—s. 6, ch. 93-39; s. 32, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart D - Noncourt Involved Admissions;Alternative InvoluntaryAssessment for Minors › 397.6798 - Alternative involuntary assessment procedure for minors.

397.6798 Alternative involuntary assessment procedure for minors.—
(1) In addition to protective custody, emergency admission, and involuntary assessment and stabilization, an addictions receiving facility may admit a minor for involuntary assessment and stabilization upon the filing of an application to an addictions receiving facility by the minor’s parent, guardian, or legal custodian. The application must establish the need for involuntary assessment and stabilization based on the criteria for involuntary admission in s. 397.675. Within 72 hours after involuntary admission of a minor, the minor must be assessed to determine the need for further services. Assessments must be performed by a qualified professional. If, after the 72-hour period, it is determined by the attending physician that further services are necessary, the minor may be kept for a period of up to 5 days, inclusive of the 72-hour period.
(2) An application for alternative involuntary assessment for a minor must establish the need for immediate involuntary admission and contain the name of the minor to be admitted, the name and signature of the applicant, the relationship between the minor to be admitted and the applicant, and factual allegations with respect to:
(a) The reason for the applicant’s belief that the minor is substance abuse impaired; and
(b) The reason for the applicant’s belief that because of such impairment the minor has lost the power of self-control with respect to substance abuse; and either
(c)1. The reason the applicant believes that the minor has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted; or
2. The reason the applicant believes that the minor’s refusal to voluntarily receive substance abuse services is based on judgment so impaired by reason of substance abuse that he or she is incapable of appreciating his or her need for such services and of making a rational decision regarding his or her need for services.
History.—s. 6, ch. 93-39; s. 744, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart D - Noncourt Involved Admissions;Alternative InvoluntaryAssessment for Minors › 397.6799 - Disposition of minor upon completion of alternative involuntary assessment.

397.6799 Disposition of minor upon completion of alternative involuntary assessment.—A minor who has been assessed pursuant to s. 397.6798 must, within the time specified, be released or referred for further voluntary or involuntary treatment, whichever is most appropriate to the needs of the minor.
History.—s. 6, ch. 93-39; s. 33, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart E - Court Involved Admissions, CivilInvoluntary Proceedings; Generally › 397.681 - Involuntary petitions; general provisions; court jurisdiction and right to counsel.

397.681 Involuntary petitions; general provisions; court jurisdiction and right to counsel.—
(1) JURISDICTION.—The courts have jurisdiction of involuntary assessment and stabilization petitions and involuntary treatment petitions for substance abuse impaired persons, and such petitions must be filed with the clerk of the court in the county where the person is located. The clerk of the court may not charge a fee for the filing of a petition under this section. The chief judge may appoint a general or special magistrate to preside over all or part of the proceedings. The alleged impaired person is named as the respondent.
(2) RIGHT TO COUNSEL.—A respondent has the right to counsel at every stage of a proceeding relating to a petition for his or her involuntary assessment and a petition for his or her involuntary treatment for substance abuse impairment. A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel and to the benefits of s. 57.081. If the court believes that the respondent needs the assistance of counsel, the court shall appoint such counsel for the respondent without regard to the respondent’s wishes. If the respondent is a minor not otherwise represented in the proceeding, the court shall immediately appoint a guardian ad litem to act on the minor’s behalf.
History.—s. 6, ch. 93-39; s. 745, ch. 95-148; s. 79, ch. 2004-11; s. 30, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6811 - Involuntary assessment and stabilization.

397.6811 Involuntary assessment and stabilization.—A person determined by the court to appear to meet the criteria for involuntary admission under s. 397.675 may be admitted for a period of 5 days to a hospital or to a licensed detoxification facility or addictions receiving facility, for involuntary assessment and stabilization or to a less restrictive component of a licensed service provider for assessment only upon entry of a court order or upon receipt by the licensed service provider of a petition. Involuntary assessment and stabilization may be initiated by the submission of a petition to the court.
(1) If the person upon whose behalf the petition is being filed is an adult, a petition for involuntary assessment and stabilization may be filed by the respondent’s spouse or legal guardian, any relative, a private practitioner, the director of a licensed service provider or the director’s designee, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment.
(2) If the person upon whose behalf the petition is being filed is a minor, a petition for involuntary assessment and stabilization may be filed by a parent, legal guardian, legal custodian, or licensed service provider.
History.—s. 6, ch. 93-39; s. 746, ch. 95-148; s. 31, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6814 - Involuntary assessment and stabilization; contents of petition.

397.6814 Involuntary assessment and stabilization; contents of petition.—A petition for involuntary assessment and stabilization must contain the name of the respondent, the name of the applicant or applicants, the relationship between the respondent and the applicant, and the name of the respondent’s attorney, if known, and must state facts to support the need for involuntary assessment and stabilization, including:
(1) The reason for the petitioner’s belief that the respondent is substance abuse impaired;
(2) The reason for the petitioner’s belief that because of such impairment the respondent has lost the power of self-control with respect to substance abuse; and
(3)(a) The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted; or
(b) The reason the petitioner believes that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care. If the respondent has refused to submit to an assessment, such refusal must be alleged in the petition.
A fee may not be charged for the filing of a petition pursuant to this section.
History.—s. 6, ch. 93-39; s. 747, ch. 95-148; s. 32, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6815 - Involuntary assessment and stabilization; procedure.

397.6815 Involuntary assessment and stabilization; procedure.—Upon receipt and filing of the petition for the involuntary assessment and stabilization of a substance abuse impaired person by the clerk of the court, the court shall ascertain whether the respondent is represented by an attorney, and if not, whether, on the basis of the petition, an attorney should be appointed; and shall:
(1) Provide a copy of the petition and notice of hearing to the respondent; the respondent’s parent, guardian, or legal custodian, in the case of a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and such other persons as the court may direct, and have such petition and notice personally delivered to the respondent if he or she is a minor. The court shall also issue a summons to the person whose admission is sought and conduct a hearing within 10 days; or
(2) Without the appointment of an attorney and, relying solely on the contents of the petition, enter an ex parte order authorizing the involuntary assessment and stabilization of the respondent. The court may order a law enforcement officer or other designated agent of the court to take the respondent into custody and deliver him or her to the nearest appropriate licensed service provider.
History.—s. 6, ch. 93-39; s. 748, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6818 - Court determination.

397.6818 Court determination.—At the hearing initiated in accordance with s. 397.6811(1), the court shall hear all relevant testimony. The respondent must be present unless the court has reason to believe that his or her presence is likely to be injurious to him or her, in which event the court shall appoint a guardian advocate to represent the respondent. The respondent has the right to examination by a court-appointed qualified professional. After hearing all the evidence, the court shall determine whether there is a reasonable basis to believe the respondent meets the involuntary admission criteria of s. 397.675.
(1) Based on its determination, the court shall either dismiss the petition or immediately enter an order authorizing the involuntary assessment and stabilization of the respondent; or, if in the course of the hearing the court has reason to believe that the respondent, due to mental illness other than or in addition to substance abuse impairment, is likely to injure himself or herself or another if allowed to remain at liberty, the court may initiate involuntary proceedings under the provisions of part I of chapter 394.
(2) If the court enters an order authorizing involuntary assessment and stabilization, the order shall include the court’s findings with respect to the availability and appropriateness of the least restrictive alternatives and the need for the appointment of an attorney to represent the respondent, and may designate the specific licensed service provider to perform the involuntary assessment and stabilization of the respondent. The respondent may choose the licensed service provider to deliver the involuntary assessment where possible and appropriate.
(3) If the court finds it necessary, it may order the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order or, if none is specified, to the nearest appropriate licensed service provider for involuntary assessment.
(4) The order is valid only for the period specified in the order or, if a period is not specified, for 7 days after the order is signed.
History.—s. 6, ch. 93-39; s. 749, ch. 95-148; s. 33, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6819 - Involuntary assessment and stabilization; responsibility of licensed service provider.

397.6819 Involuntary assessment and stabilization; responsibility of licensed service provider.—A licensed service provider may admit an individual for involuntary assessment and stabilization for a period not to exceed 5 days unless a petition for involuntary services has been initiated and the individual is being retained pursuant to s. 397.6822(3) or a request for an extension of time has been filed with the court pursuant to s. 397.6821. The assessment of the individual must occur within 72 hours by a qualified professional. If an assessment is performed by a qualified professional who is not a physician, the assessment must be reviewed by a physician before the end of the assessment period.
History.—s. 6, ch. 93-39; s. 34, ch. 2009-132; s. 34, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6821 - Extension of time for completion of involuntary assessment and stabilization.

397.6821 Extension of time for completion of involuntary assessment and stabilization.—If a licensed service provider is unable to complete the involuntary assessment and, if necessary, stabilization of an individual within 5 days after the court’s order, it may, within the original time period, file a written request for an extension of time to complete its assessment, and shall, in accordance with confidentiality requirements, furnish a copy to all parties. With or without a hearing, the court may grant additional time, not to exceed 7 days after the date of the renewal order, for the completion of the involuntary assessment and stabilization of the individual. The original court order authorizing the involuntary assessment and stabilization, or a request for an extension of time to complete the assessment and stabilization that is timely filed pursuant to this section, constitutes legal authority to involuntarily hold the individual for a period not to exceed 10 days in the absence of a court order to the contrary.
History.—s. 6, ch. 93-39; s. 35, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart F - Court Involved Admissions;Involuntary Assessment; Stabilization › 397.6822 - Disposition of individual after involuntary assessment.

397.6822 Disposition of individual after involuntary assessment.—Based upon the involuntary assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional when a less restrictive component has been used, must:
(1) Release the individual and, where appropriate, refer the individual to another treatment facility or service provider, or to community services;
(2) Allow the individual, with consent, to remain voluntarily at the licensed provider; or
(3) Retain the individual when a petition for involuntary treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.
Adhering to federal confidentiality regulations, notice of disposition must be provided to the petitioner and to the court.
History.—s. 6, ch. 93-39; s. 36, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.693 - Involuntary treatment.

397.693 Involuntary treatment.—A person may be the subject of a petition for court-ordered involuntary treatment pursuant to this part, if that person meets the criteria for involuntary admission provided in s. 397.675 and:
(1) Has been placed under protective custody pursuant to s. 397.677 within the previous 10 days;
(2) Has been subject to an emergency admission pursuant to s. 397.679 within the previous 10 days;
(3) Has been assessed by a qualified professional within 5 days;
(4) Has been subject to involuntary assessment and stabilization pursuant to s. 397.6818 within the previous 12 days; or
(5) Has been subject to alternative involuntary admission pursuant to s. 397.6822 within the previous 12 days.
History.—s. 6, ch. 93-39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.695 - Involuntary services; persons who may petition.

397.695 Involuntary services; persons who may petition.—
(1) If the respondent is an adult, a petition for involuntary services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.
(2) If the respondent is a minor, a petition for involuntary treatment may be filed by a parent, legal guardian, or service provider.
History.—s. 6, ch. 93-39; s. 750, ch. 95-148; s. 35, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.6951 - Contents of petition for involuntary services.

397.6951 Contents of petition for involuntary services.—A petition for involuntary services must contain the name of the respondent; the name of the petitioner or petitioners; the relationship between the respondent and the petitioner; the name of the respondent’s attorney, if known; the findings and recommendations of the assessment performed by the qualified professional; and the factual allegations presented by the petitioner establishing the need for involuntary outpatient services. The factual allegations must demonstrate:
(1) The reason for the petitioner’s belief that the respondent is substance abuse impaired;
(2) The reason for the petitioner’s belief that because of such impairment the respondent has lost the power of self-control with respect to substance abuse; and
(3)(a) The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services; or
(b) The reason the petitioner believes that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.
History.—s. 6, ch. 93-39; s. 751, ch. 95-148; s. 36, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.6955 - Duties of court upon filing of petition for involuntary services.

397.6955 Duties of court upon filing of petition for involuntary services.—
(1) Upon the filing of a petition for involuntary services for a substance abuse impaired person with the clerk of the court, the court shall immediately determine whether the respondent is represented by an attorney or whether the appointment of counsel for the respondent is appropriate. If the court appoints counsel for the person, the clerk of the court shall immediately notify the office of criminal conflict and civil regional counsel, created pursuant to s. 27.511, of the appointment. The office of criminal conflict and civil regional counsel shall represent the person until the petition is dismissed, the court order expires, or the person is discharged from involuntary services. An attorney that represents the person named in the petition shall have access to the person, witnesses, and records relevant to the presentation of the person’s case and shall represent the interests of the person, regardless of the source of payment to the attorney.
(2) The court shall schedule a hearing to be held on the petition within 5 days unless a continuance is granted. The court may appoint a magistrate to preside at the hearing.
(3) A copy of the petition and notice of the hearing must be provided to the respondent; the respondent’s parent, guardian, or legal custodian, in the case of a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and such other persons as the court may direct. If the respondent is a minor, a copy of the petition and notice of the hearing must be personally delivered to the respondent. The court shall also issue a summons to the person whose admission is sought.
History.—s. 6, ch. 93-39; s. 752, ch. 95-148; s. 37, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.6957 - Hearing on petition for involuntary services.

397.6957 Hearing on petition for involuntary services.—
(1) At a hearing on a petition for involuntary services, the court shall hear and review all relevant evidence, including the review of results of the assessment completed by the qualified professional in connection with the respondent’s protective custody, emergency admission, involuntary assessment, or alternative involuntary admission. The respondent must be present unless the court finds that his or her presence is likely to be injurious to himself or herself or others, in which event the court must appoint a guardian advocate to act in behalf of the respondent throughout the proceedings.
(2) The petitioner has the burden of proving by clear and convincing evidence that:
(a) The respondent is substance abuse impaired and has a history of lack of compliance with treatment for substance abuse; and
(b) Because of such impairment the respondent is unlikely to voluntarily participate in the recommended services or is unable to determine for himself or herself whether services are necessary and:
1. Without services, the respondent is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that there is a substantial likelihood that without services the respondent will cause serious bodily harm to himself, herself, or another in the near future, as evidenced by recent behavior; or
2. The respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care.
(3) One of the qualified professionals who executed the involuntary services certificate must be a witness. The court shall allow testimony from individuals, including family members, deemed by the court to be relevant under state law, regarding the respondent’s prior history and how that prior history relates to the person’s current condition. The testimony in the hearing must be under oath, and the proceedings must be recorded. The patient may refuse to testify at the hearing.
(4) At the conclusion of the hearing the court shall dismiss the petition or order the respondent to receive involuntary services from his or her chosen licensed service provider if possible and appropriate.
History.—s. 6, ch. 93-39; s. 753, ch. 95-148; s. 38, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.697 - Court determination; effect of court order for involuntary services.

397.697 Court determination; effect of court order for involuntary services.—
(1) When the court finds that the conditions for involuntary services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary services from a publicly funded licensed service provider for a period not to exceed 90 days. The court may also order a respondent to undergo treatment through a privately funded licensed service provider if the respondent has the ability to pay for the treatment, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment. If the court finds it necessary, it may direct the sheriff to take the respondent into custody and deliver him or her to the licensed service provider specified in the court order, or to the nearest appropriate licensed service provider, for involuntary services. When the conditions justifying involuntary services no longer exist, the individual must be released as provided in s. 397.6971. When the conditions justifying involuntary services are expected to exist after 90 days of services, a renewal of the involuntary services order may be requested pursuant to s. 397.6975 before the end of the 90-day period.
(2) In all cases resulting in an order for involuntary services, the court shall retain jurisdiction over the case and the parties for the entry of such further orders as the circumstances may require. The court’s requirements for notification of proposed release must be included in the original order.
(3) An involuntary services order authorizes the licensed service provider to require the individual to receive services that will benefit him or her, including services at any licensable service component of a licensed service provider.
(4) If the court orders involuntary services, a copy of the order must be sent to the managing entity within 1 working day after it is received from the court. Documents may be submitted electronically though existing data systems, if applicable.
History.—s. 6, ch. 93-39; s. 754, ch. 95-148; s. 37, ch. 2009-132; s. 39, ch. 2016-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part V - Involuntary Admissions Procedures (Ss. 397.675-397.6978) › Subpart G - Court Involved Admissions;Involuntary Treatment › 397.6971 - Early release from involuntary services.

397.6971 Early release from involuntary services.—
(1) At any time before the end of the 90-day involuntary services period, or before the end of any extension granted pursuant to s. 397.6975, an individual receiving involuntary services may be determined eligible for discharge to the most appropriate referral or disposition for the individual when any of the following apply:
(a) The individual no longer meets the criteria for involuntary admission and has given his or her informed consent to be transferred to voluntary treatment status.
(b) If the individual was admitted on the grounds of likelihood of infliction of physical harm upon himself or herself or others, such likelihood no longer exists.
(c) If the individual was admitted on the grounds of need for assessment and stabilization or treatment, accompanied by inability to make a determination respecting such need:
1. Such inability no longer exists; or
2. It is evident that further treatment will not bring about further significant improvements in the individual’s condition.
(d) The individual is no longer in need of services.
(e) The director of the service provider determines that the individual is beyond the safe management capabilities of the provider.
(2) Whenever a qualified professional determines that an individual admitted for involuntary services qualifies for early release under subsection (1), the service provider shall immediately discharge the individual and must notify all persons specified by the court in the original treatment order.
History.—s. 6, ch. 93-39; s. 755, ch. 95-148; s. 38, ch. 2009-132; s. 40, ch. 2016-241.