Right to counsel

Key_development Question_mark

Legislation, Involuntary Medical Treatment (incomplete)

Generally


Counsel must be appointed for those subjected to involuntary outpatient placement. There is no mention of an indigency requirement.  Fla. Stat. § 394.4655(5) states:


Within 1 court working day after the filing of a petition for involuntary outpatient services, the court shall appoint the public defender to represent the person who is the subject of the petition, unless the person is otherwise represented by counsel. The clerk of the court shall immediately notify the public defender of the appointment. The public defender shall represent the person until the petition is dismissed, the court order expires, or the patient is discharged from involuntary outpatient services. An attorney who represents the patient must be provided access to the patient, witnesses, and records relevant to the presentation of the patient's case and shall represent the interests of the patient, regardless of the source of payment to the attorney.


As to substance dependency


There is a right to counsel for involuntary substance abuse treatment matters. See e.g., Fla. Stat. §§ 397.681(2); 397.6975(3) (where service provider seeks to extend treatment); 394.4598(1) (court must appoint counsel for patient where facility administrator seeks to appoint guardian advocate to consent to treatment on patient’s behalf).  The procedures may be used to compel a minor to participate in treatment as well.  But if the respondent is a minor, the right to counsel extends to the minor's parent or guardian if the individual is indigent.  Fla. Stat. § 397.501(8) states:


Each individual must be informed that he or she has the right to be represented by counsel in any judicial proceeding for involuntary treatment services and that he or she, or if the individual is a minor his or her parent, legal guardian, or legal custodian, may apply immediately to the court to have an attorney appointed if he or she cannot aford one.

Appointment of Counsel: categorical Qualified: no