Mental Health Case FAQs

A court may enter an order requiring a person to be examined if, based on the sworn testimony of others, it appears that the person is mentally ill and, because of the mental illness, has refused or is unable to submit to a voluntary examination.

If it appears that a person should be involuntarily placed in a facility for treatment, a petition is filed by the facility administrator where the person was temporarily located. The opinions of two psychiatrists must accompany the administrator's petition.

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

According to Florida law, a petition seeking to commit a person for examination, assessment, or treatment of mental illness 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.

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

If the person is committed for mental illness and the person is committed for the purpose of examination, the person must be examined within 72 hours. If the person is committed for treatment, a facility may retain the patient for a period not to exceed 6 months. A person assigned to less restrictive treatment alternatives usually undergoes an average treatment period of about 4 weeks.

No. If an examining physician finds that a patient meets the criteria for continued treatment of a mental illness, the treating facility will petition for involuntary placement. Otherwise, the patient is released or treated on a voluntary basis.

No. The court's jurisdiction ends when the person is discharged from the treating facility.

Yes. According to Florida law, the clinical records of a patient being treated for mental illness are confidential.

It is the policy of the state of Florida that no person will be denied treatment because of the inability to pay. However, if the person receiving treatment or someone responsible for that person can pay for treatment, efforts will be made to collect for the services.

Sarasota County has two examination facilities; the facility to be utilized is determined at the time of pick-up.