Florida Statute 397.6815 - Full Text and Legal Analysis

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XXIX
PUBLIC HEALTH

Chapter 397
SUBSTANCE ABUSE SERVICES

View Entire Chapter

F.S. 397.6815

397.6815 Involuntary assessment and stabilization; procedure.—Upon receipt and filing of the petition for the involuntary assessment and stabilization of a substance abuse impaired person by the clerk of the court, the court shall ascertain whether the respondent is represented by an attorney, and if not, whether, on the basis of the petition, an attorney should be appointed; and shall:

(1) Provide a copy of the petition and notice of hearing to the respondent; the respondent’s parent, guardian, or legal custodian, in the case of a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and such other persons as the court may direct, and have such petition and notice personally delivered to the respondent if he or she is a minor. The court shall also issue a summons to the person whose admission is sought and conduct a hearing within 10 days; or

(2) Without the appointment of an attorney and, relying solely on the contents of the petition, enter an ex parte order authorizing the involuntary assessment and stabilization of the respondent. The court may order a law enforcement officer or other designated agent of the court to take the respondent into custody and deliver him or her to the nearest appropriate licensed service provider.

History.—s. 6, ch. 93-39; s. 748, ch. 95-148.

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Amendments to 397.6815

Annotations, Discussions, Cases:

Cases Citing Statute 397.6815

Total Results: 3

Cole v. State

714 So. 2d 479, 1998 WL 282807

District Court of Appeal of Florida | Filed: Jun 1, 1998 | Docket: 461495

Cited 11 times | Published

petition is filed, the court is required by section 397.6815, Florida Statutes (1997), to ascertain whether

IN RE: D. H. v. K. J. R.

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230267

Published

petition," the respondent meets the criteria. § 397.6815(2). Here, we conclude the petition does

T. L. v. F. M.

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693142

Published

solely on the contents of the petition." See § 397.6815(2). In conjunction with issuing its order, the

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