Mental Health

If the person in question is an adult, a petition to have him or her examined may be filed by a spouse, guardian, relative, physician, psychologist, clinical social worker or three adults who have personal knowledge of his/her substance abuse. 

If the person in question is a minor, a petition to have him or her examined may be filed by a parent, legal guardian, legal custodian or a service provider.

The petition to have a person examined, assessed or treated for substance abuse must be based upon the sworn testimony or personal knowledge of the petitioner(s). Therefore, you must appear in person to take an oath.

No. However, the law requires that an attorney be appointed to represent the interests of the respondent.

According to Florida law, a petition seeking to commit a person for examination, assessment or treatment of substance abuse must be filed in the county where the person is located. It is also necessary for law enforcement to locate the person at the time the court order is filed.

If the person is committed for the purpose of assessment, he/she must be assessed within 5 days. Following the assessment, the person is released pending a court hearing. If the person is committed for treatment, he or she may not be detained for more than 60 days unless the court orders an extension upon a petition for renewal.

Yes, but there is a waiting period required to do so. A qualified professional must assess the patient to determine whether further involuntary treatment is required. If not, the patient is released or referred for treatment on a voluntary basis.

Yes. According to Florida law, the records of a substance abuse service provider are confidential. All other court records are open for public inspection unless the court orders otherwise.

Service providers who receive state funds may not deny services based solely upon an individual's inability to pay for treatment, provided that adequate space and resources are available. A person who has receives treatment, or the parent or legal guardian of a minor who receives treatment, must contribute toward the cost of substance abuse services.

A person who is committed for involuntary examination must be taken to the nearest receiving facility. Orange County receiving facilities include:
 

* Temporary Living Center only accepts female patients who are pregnant or who have recently had a baby.