Florida Statutes 397.6951 – Contents of petition for involuntary services
Current as of: 2023 | Check for updates
|
Other versions
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
Terms Used In Florida Statutes 397.6951
- Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. See Florida Statutes 397.311
- Involuntary services: means an array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders. See Florida Statutes 397.311
- Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor's degree. See Florida Statutes 397.311
- Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. See Florida Statutes 397.311
- substance abuse impaired: means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. See Florida Statutes 397.311
(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.