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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 397
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F.S. 397.6971
397.6971 Early release from involuntary services.
(1) At any time before the end of the 90-day involuntary services period, or before the end of any extension granted pursuant to s. 397.6975, an individual receiving involuntary services may be determined eligible for discharge to the most appropriate referral or disposition for the individual when any of the following apply:
(a) The individual no longer meets the criteria for involuntary admission and has given his or her informed consent to be transferred to voluntary treatment status.
(b) If the individual was admitted on the grounds of likelihood of infliction of physical harm upon himself or herself or others, such likelihood no longer exists.
(c) If the individual was admitted on the grounds of need for assessment and stabilization or treatment, accompanied by inability to make a determination respecting such need:
1. Such inability no longer exists; or
2. It is evident that further treatment will not bring about further significant improvements in the individual’s condition.
(d) The individual is no longer in need of services.
(e) The director of the service provider determines that the individual is beyond the safe management capabilities of the provider.
(2) Whenever a qualified professional determines that an individual admitted for involuntary services qualifies for early release under subsection (1), the service provider shall immediately discharge the individual and must notify all persons specified by the court in the original treatment order.
History.s. 6, ch. 93-39; s. 755, ch. 95-148; s. 38, ch. 2009-132; s. 40, ch. 2016-241.