397.6957 Hearing on petition for involuntary treatment.
397.6957 Hearing on petition for involuntary treatment.
(1) At a hearing on a petition for involuntary treatment, 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:
(a) The respondent is substance abuse impaired, and
(b) Because of such impairment the respondent has lost the power of self-control with respect to substance abuse; and either
1. The respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted; 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) At the conclusion of the hearing the court shall either dismiss the petition or order the respondent to undergo involuntary substance abuse treatment, with the respondent’s chosen licensed service provider to deliver the involuntary substance abuse treatment where possible and appropriate.
History. s. 6, ch. 93-39; s. 753, ch. 95-148.