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Florida Statutes Title XXIX. Public Health § 397.68141. Contents of petition for involuntary treatment services

Current as of January 01, 2025 | Updated by Findlaw Staff

A petition for involuntary services must contain the name of the respondent; the name of the petitioner; the relationship between the respondent and the petitioner; the name of the respondent's attorney, if known; and the factual allegations presented by the petitioner establishing the need for involuntary services for substance abuse impairment.

(1) The factual allegations must demonstrate:

(a) The reason for the petitioner's belief that the respondent is substance abuse impaired;

(b) 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

(c) 1. 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

2. 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.

(2) The petition may be accompanied by a certificate or report of a qualified professional who examined the respondent within 30 days before the petition was filed. The certificate or report must include the qualified professional’s findings relating to his or her assessment of the patient and his or her treatment recommendations. If the respondent was not assessed before the filing of a treatment petition or refused to submit to an evaluation, the lack of assessment or refusal must be noted in the petition.

(3) If there is an emergency, the petition must also describe the respondent’s exigent circumstances and include a request for an ex parte assessment and stabilization order that must be executed pursuant to s. 397.68151 1.

1 Section 397.68151 relates to duties of the court upon filing of a petition for involuntary services; execution of court orders for involuntary assessment and stabilization are referenced in s. 397.6818.
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Cite this article: FindLaw.com - Florida Statutes Title XXIX. Public Health § 397.68141. Contents of petition for involuntary treatment services - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-397-68141/

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