IN RE EDWIN SMITH
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The court held that while the statute was constitutional, the record lacked sufficient exploration of less restrictive alternatives to involuntary commitment.
Appellant was found to be mentally ill and in need of treatment, but the trial court did not explore less restrictive alternatives to involuntary comm…
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ADKINS, Justice.
This is a direct appeal from the Circuit Court of Dade County which held that Section 394.467, Florida Statutes (1973), was constitutional. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.
We have held the statute to be constitutional. In re Beverly, 342 So. 2d 481, opinion filed January 27, 1977.
Other questions of law raised by appellant have been determined adversely to his contentions. In re Beverly, supra.
From an examination of the testimony of the medical experts and the father of the appellant, it appears that there is clear and convincing evidence that appellant is mentally ill. It also appears that he is in need of care or treatment and lacks sufficient capacity to make a responsible application on his own behalf. However, the record does not include any medical or judicial exploration of “less restrictive alternatives” to involuntary commitment. This case should be returned to the trial court for the purpose of determining whether appellant is capable of surviving safely in freedom with the help of willing and responsible family members and friends. See In re Beverly, supra.
The order of the trial judge is reversed and the cause is remanded so that the trial judge may consider the possibility of successful treatment of appellant other than by involuntary hospitalization and explore the possibility of “less restrictive alternatives” to involuntary commitment.
It is so ordered.
OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bergman v. Serns, 443 So. 2d 130 (Fla. 3d DCA 1983)…tally ill person who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends should never be hospitalized involuntarily. In re Beverly, 342 So. 2d 481, 487 (Fla.1977); In re Smith, 342 So. 2d 491 (Fla.1977); C.N. v. State, 433 So. 2d 661 (Fla. 3d DCA 1983). In Reigosa v. State, 362 So. 2d 714 (Fla. 3d DCA 1978), this court reversed an order characterized as requiring the “draconian procedure,” 362 So. 2d at 715, of involuntary hospitalizatio…
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Archer v. State, 681 So. 2d 296 (Fla. 1st DCA 1996)…basic needs. A “non-dangerous individual, capable of surviving safely in freedom by herself or with the help of others, should never be involuntarily committed.” Williams v. State, 522 So. 2d 983, 984 (Fla. 1st DCA 1988); In re Beverly; In re Smith, 342 So. 2d 491 (Fla.1977); Ozbourn; Neff. The order granting the petition for involuntary placement is reversed. VAN NORTWICK, J., concurs. WOLF, J., dissents with opinion.…
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Reigosa v. State, 362 So. 2d 714 (Fla. 3d DCA 1978)…ot deprive him of his freedom on the basis of mental illness alone if he is capable of surviving with help in freedom. O’Connor v. Donaldson, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396 (1975); In re Beverly, 342 So. 2d 481 (Fla. 1977); In re Smith, 342 So. 2d 491 (Fla.1977). The order of the trial court is reversed, and the cause is remanded with instructions to consider the possibilities of other means of treating appellant than by involuntary hospitalization, and to explore all possible alternatives to th…
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- In re Preer Beverly, 342 So. 2d 481 (Fla. 1977)