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Section 394.467, Florida Statutes, authorizes a person to be involuntarily placed for treatment upon a finding of the court that: • The person has a mental illness and because of the mental illness: - The person has refused voluntary placement for treatment or is unable to determine whether placement is necessary; and - The person is incapable o...
involuntary placement (section 394.467). Enacted in 1971, the law was designed to protect the rights and liberty interests of citizens with mental illnesses and ensure public safety.
Involuntary Inpatient Placement Criteria & Eligibility Q. What is the difference between the criteria for involuntary examination and involuntary placement? The Baker Act requires that there be “clear and convincing evidence” that the criteria is met for placement, rather than “reason to believe” by one of the specified persons
A hearing on involuntary inpatient placement, or a combination of involuntary inpatient placement and involuntary outpatient services, must be held in the county or the facility, as appropriate, where the patient is located, except for good cause documented in the court file.
Apr 27, 2015 · Thus, implementation of the statutory provisions governing involuntary examination and placement, and the accompanying deprivation of liberty, affect a large number of Floridians every year. Clarification of Baker Act Criteria.
If the patient meets the criteria for involuntary placement, the administrator of the facility must file with the court a petition for involuntary placement, within 2 court working days after the request for discharge is made.
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May 25, 2023 · The Fourteenth Amendment’s Due Process Clause is interpreted by courts to provide both procedural and substantive due process protections for persons who are subject to involuntary civil commitment.
