ROBERT B. WILLIAMS, ADMINISTRATOR, FLORIDA STATE HOSPITAL, APPELLANT,
v.
GLENN WILSON, WILLIAM RIOS, JOYCE MALONE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida State Hospital challenged three orders denying petitions for continued involuntary confinement of mental patients. The court reversed the orders, finding that the hearing officer failed to properly apply statutory criteria and based decisions on hypothetical rather than actual less restrictive alternatives.
The orders were reversed and remanded because the hearing officer did not restrict consideration to actually available less restrictive alternatives (rather than hypothetical ones), the orders were internally inconsistent, and the hearing officer did not fully consider the statutory criteria for involuntary confinement.
[1] Involuntary confinement requires proof that a person is mentally ill and, because of that illness, is likely to injure themselves or others if at liberty, or is in need o…
[2] A hearing officer must consider less restrictive alternatives to involuntary confinement, but only those that are actually available, not hypothetical possibilities.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Any other person may be involuntarily placed if he is mentally ill, and because of his illness, is: 1. Likely to injure himself or others if allowed to remain at liberty, or 2. In need of care or treatment which, if not provided, may result in neglect or refusal to care for himself, and such neglect or refusal poses a real and present threat of substantial harm to his well-being.”
Establishes the statutory criteria for involuntary confinement that the hearing officer must apply
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThree individuals (Glenn Wilson, William Rios, and Joyce Malone) were involuntarily confined at Florida State Hospital. Petitions for continued confin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Standard Of Proof cases and more on FLexlaw
WENTWORTH, Judge.
Appellant, as administrator of the Florida State Hospital, seeks review of three orders whereby petitions for continued involuntary confinement were denied. The orders indicate that the hearing officer did not restrict herself to consideration of the relevant criteria for involuntary confinement; we therefore reverse the orders appealed and remand the cause for further proceedings.
Section 394.467(1)(b), Florida Statutes (1981), establishes the criteria for noncriminal involuntary confinement, and provides that Any other person may be involuntarily placed if he is mentally ill, and because of his illness, is:
1. Likely to injure himself or others if allowed to remain at liberty, or
2. In need of care or treatment which, if not provided, may result in neglect or refusal to care for himself, and such neglect or refusal poses a real and present threat of substantial harm to his well-being.
In applying this statute, the hearing officer must consider less restrictive alternatives to confinement, and the standard of proof is “clear and convincing” evidence. See In Re Beverly, 342 So. 2d 481 (Fla.1977). Although Beverly is not explicit on this issue, we construe it as requiring consideration of only such alternatives as are in fact available, rather than hypothetical possibilities.1 In the present dispute the hearing officer’s orders appear to be predicated on such hypothetical possibilities,2 are otherwise internally inconsistent,3 and suggest that the statutory criteria for involuntary confinement have not been fully considered.4
Accordingly, the orders appealed are reversed and the cause is remanded for further proceedings.
McCORD and BOOTH, JJ., concur. . The 1982 legislature amended the statute so as to require a finding that “all available less restrictive treatment alternatives ... [are] inappropriate.” [e.s.]
. As to appellee Wilson, the hearing officer’s findings are consistent with the statutory criteria for involuntary confinement; however, in denying the petition the hearing officer further found that appellee could receive treatment in a less restrictive environment “if one were available.” The hearing officer did not indicate whether a less restrictive environment is available; record testimony suggests that it is not.
. As to appellee Rios, the order states that “it cannot be said that the patient requires further treatment. The patient does not require nursing or supervisory care.” However, the order also indicates that Rios’ “insight is nill as is his reality contact.” Testimony suggested that Rios cannot care for himself without the threat of substantial harm to his well-being.
.As to appellee Malone, the hearing officer apparently disagreed with the course of treatment being provided at the hospital, and expressed her opinion that alternative treatment should be sought outside the hospital. However, the order does not indicate any consideration of whether such alternative treatment is available, or whether the absence of care or treatment may result in neglect or appellee’s refusal to care for herself, posing a threat of substantial harm to her well-being.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. Davis, 459 So. 2d 406 (Fla. 1st DCA 1984)…-467(l)(b)5 (1983).1 He denied the requests [*408] for continuing involuntary placement, and the administrator appealed. We note initially that treatment alternatives must be actually available, not “hypothetical possibilities.” Williams v. Wilson, 424 So. 2d 159, 160 (Fla. 1st DCA 1982).2 Therefore, the issue for our consideration is whether there is competent and substantial evidence to support the hearing officer’s conclusion that there was not clear and convincing evidence presented by the administrator…
-
Asman v. State, 468 So. 2d 464 (Fla. 4th DCA 1985)…no evidence that “all available less restrictive treatment alternatives which would offer an opportunity for improvement of his condition have been judged to be inappropriate,” as required by section (l)(b)5. of the statute. In Williams v. Wilson, 424 So. 2d 159 (Fla. 1st DCA 1982), in reviewing the denial of a petition for continued involuntary confinement, the court said: In applying this statute, the hearing officer must consider less restrictive alternatives to confinement, and the standard of proof is…
Authorities Cited
- In re Preer Beverly, 342 So. 2d 481 (Fla. 1977)