Thank you for your patience. The statute does not state that the facility must be in FL; however if a private facility is not requested, the court will order the patient to a facility licensed by the Department of Family and Children.
The statute only specified: "a hospital or to a licensed detoxification facility or addictions receiving facility" so the judge is free to order an institution that is out of state, and will generally try and work with the insurance company.
I am sorry you are having to deal with this issue as it must be very upsetting and I certainly hope the program works.
A continuance can be requested from the court clerk. They will typically require a reason but if they have not been served yet that is a valid reason since the other party would not know to show up.
Once the petition is filed, the court must determine if the respondent is represented by an attorney or if he or she needs appointed counsel. The court then has two options. It can conduct a hearing within 10 days, after sending a copy of the petition and notice of the hearing to the respondent, the petitioner, other specified people (the respondent's spouse, guardian, and attorney; and parents, guardians, or legal custodians of minors), and others that the court may direct. The court must also send the respondent a summons.
Alternatively, the court may enter an ex parte order authorizing involuntary assessment and stabilization, without a hearing and without appointing counsel, relying solely on the contents of the petition. After issuing such an order, the court can order a law enforcement officer or other designated court agent to take the respondent into custody and deliver him or her to the nearest appropriate provider (Fl. Stat. Ann. §(###) ###-####.
If the court orders a hearing, the respondent must be present during the hearing, unless the court finds that the respondent's presence is likely to be injurious to the respondent or others. In that case, the court must appoint a guardian advocate to act on the respondent's behalf.
The court must hear all relevant testimony. The respondent has the right to be examined by a court-appointed qualified professional. After hearing all the evidence, the court must determine whether there is a reasonable basis to believe the respondent meets the involuntary admission criteria.
The court must either (1) dismiss the petition; (2) order the respondent's involuntary assessment or stabilization; or (3) if it believes that due to other mental illness, the respondent is likely to injure himself or herself or another if allowed to remain at liberty, the court can initiate involuntary commitment proceedings under the Baker Act.
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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.