Florida Severe Mental Illness Resources & Helpful Info

Initiating Emergency Evaluation FLA. STAT. § 394.463(2) INVOLUNTARY EXAMINATION. — (a). An involuntary examination may be initiated by any one of the following means: 1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. 2. A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. 3. A physician, a physician assistant, a clinical psychologist, a psychiatric nurse, an advanced practice registered nurse registered under s. 464.0123, a mental health counselor, a marriage and family therapist, or a clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. FLA. STAT. § 394.463(1). A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness: (a) 1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or 2. The person is unable to determine for himself or herself whether examination is necessary; and (b) 1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family, able, and responsible members or friends or the provision of other services; or 2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.

Criteria for Inpatient Commitment FLA. STAT. § 394.467(1). DEFINITIONS.—As used in this section, the term: (a) “Court” means a circuit court or, for commitments only to involuntary outpatient services as defined in s. 394.4655, a county court. (b) “Involuntary inpatient placement” means placement in a secure receiving or treatment facility providing stabilization and treatment services to a person 18 years of age or older who does not voluntarily consent to services under this chapter, or a minor who does not voluntarily assent to services under this chapter. (c) “Involuntary outpatient services” means services provided in the community to a person who does not voluntarily consent to or participate in services under this chapter. (d) “Services plan” means an individualized plan detailing the recommended behavioral health services and supports based on a thorough assessment of the needs of the patient, to safeguard and enhance the patient’s health and well-being in the community. FLA. STAT. § 394.467 (2). CRITERIA FOR INVOLUNTARY SERVICES. —A person may be ordered by a court to be provided involuntary services upon a finding of the court by clear and convincing evidence that, the person meets the following criteria: (…) (b) Involuntary inpatient placement. —A person ordered to involuntary inpatient placement must meet the following criteria: 1. The person has a mental illness, and because of his or her mental illness: a. He or she has refused voluntary inpatient placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of treatment; or b. Is unable to determine for himself or herself whether inpatient placement is necessary; and 2. a. He or she is incapable of surviving alone or with the help of willing, able, and responsible family or friends, including available alternative services, and, without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; or b. Without treatment, there is substantial likelihood that in the near future the person will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting to cause, or threatening to cause such harm; and 3. All available less restrictive treatment alternatives that would offer an opportunity for improvement of the person’s condition have been deemed to be inappropriate or unavailable. FLA. STAT. § 394.467(3) RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT. —A patient may be recommended for involuntary inpatient placement, involuntary outpatient services, or a combination of both. (a) A patient may be retained by the facility that examined the patient for involuntary services until the completion of the patient's court hearing upon the recommendation of the administrator of the facility where the patient has been examined and after adherence to the notice and hearing procedures provided in s. 394.4599. However, if a patient who is being recommended for only involuntary outpatient services has been stabilized and no longer meets the criteria for involuntary examination pursuant to s. 394.463(1), the patient must be released from the facility while awaiting the hearing for involuntary outpatient services (b) The recommendation that the involuntary services criteria reasonably appear to have been met must be supported by the opinion of a psychiatrist and the second opinion of a clinical psychologist with at least 3 years of clinical experience, another psychiatrist, or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, who personally examined the patient. For involuntary inpatient placement, the patient must have been examined within the preceding 72 hours. For involuntary outpatient services the patient must have been examined within the preceding 30 days. (c) If a clinical psychologist with at least 3 years of clinical experience, or a psychiatric nurse practicing within the framework of an established protocol with a psychiatrist is not available to provide a the second opinion, the petitioner must certify as such and the second opinion may be provided by a licensed physician who has postgraduate training and experience in diagnosis and treatment of mental illness, a clinical psychologist, or a psychiatric nurse. (d) Any opinion authorized in this subsection may be conducted through a face-to-face or in-person examination, or by electronic means. Recommendations for involuntary services must be entered on a petition for involuntary services, which shall be made a part of the patient’s clinical record. The filing of the petition authorizes the facility to retain the patient pending transfer to a treatment facility or completion of a hearing. FLA. STAT. § 394.467(4) PETITION FOR INVOLUNTARY SERVICES — (a) A petition for involuntary services may be filed by: 1. The administrator of a receiving facility; 2. The administrator of a treatment facility; or 3. A service provider who is treating the person being petitioned (b) A petition for involuntary inpatient placement, or inpatient placement followed by outpatient services, must be filed in the court in the county where the patient is located. (…)

Outpatient Commitment/AOT FLA. STAT. § 394.467 (2). CRITERIA FOR INVOLUNTARY SERVICES. —A person may be ordered by a court to be provided involuntary services upon a finding of the court by clear and convincing evidence that, the person meets the following criteria: (a) Involuntary outpatient services — A person ordered to involuntary outpatient services must meet the following criteria: 1. The person has a mental illness and, because of his or her mental illness: a. He or she is unlikely to voluntarily participate in a recommended services plan and has refused voluntary services for treatment after sufficient and conscientious explanation and disclosure of why the services are necessary; or b. Is unable to determine for himself or herself whether services are necessary. 2. The person is unlikely to survive safely in the community without supervision, based on a clinical determination. 3. The person has a history of lack of compliance with treatment for mental illness. 4. In view of the person’s treatment history and current behavior, the person is in need of involuntary outpatient services in order to prevent a relapse or deterioration that would be likely to result in serious bodily harm to himself or herself or others, or a substantial harm to his or her well-being as set forth in s. 394.463(1). 5. It is likely that the person will benefit from involuntary outpatient services. 6. All available less restrictive alternatives that would offer an opportunity for improvement of the person’s condition have been deemed to be inappropriate or unavailable. FLA. STAT. § 394.467(3) RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT. —A patient may be recommended for involuntary inpatient placement, involuntary outpatient services, or a combination of both. (a) A patient may be retained by the facility that examined the patient for involuntary services until the completion of the patient's court hearing upon the recommendation of the administrator of the facility where the patient has been examined and after adherence to the notice and hearing procedures provided in s. 394.4599. However, if a patient who is being recommended for only involuntary outpatient services has been stabilized and no longer meets the criteria for involuntary examination pursuant to s. 394.463(1), the patient must be released from the facility while awaiting the hearing for involuntary outpatient services. (emphasis added) FLA. STAT. § 394.467(4) PETITION FOR INVOLUNTARY SERVICES — (a) A petition for involuntary services may be filed by: 1. The administrator of a receiving facility; 2. The administrator of a treatment facility; or 3. A service provider who is treating the person being petitioned (…) (c) A petition for involuntary outpatient services must be filed in the county where the patient is located, unless the patient is being placed from a state treatment facility, in which case the petition must be filed in the county where the patient will reside. FLA. STAT. § 394.4655 Orders to involuntary outpatient placement. — (1) As used in this section, the term “involuntary outpatient placement” means involuntary outpatient services as defined in s. 394.467. (2) A court or a county court may order an individual to involuntary outpatient placement under s. 394.467.