Treatment history and present circumstances are unlikely ...

FLORIDA STATE HAS ENACTED LEGISLATION that provides for court-ordered assisted outpatient treatment (AOT) for certain people with mental illness who, in view of their treatment history and present circumstances are unlikely to survive safely in the community without supervision. The following questions and answers will help explain this new legislation under the Baker Act.

Who may be affected by the Baker Act's Involuntary Outpatient Treatment regulations? A person may be ordered to obtain Assisted Outpatient Treatment (AOT) also known as Involuntary Outpatient Treatment (IOP) if the court finds that he or she

Is at least 18 year of age and suffers from a mental illness, and

Is unlikely to survive in the community without supervision, based on a clinical determination; and

Two involuntary admissions or incidents of received treatment in a forensics or correctional facility or 1 or more violent acts toward self and/or others within a 36 month period

Is unlikely to accept the treatment recommended in the treatment plan, and

Is in need of AOT to avoid a relapse or deterioration that would likely result in serious harm to self or others, and

Will likely benefit from AOT

Before a court may order AOT, it must be satisfied that AOT is the least restrictive alternative for the person. Thus, if a less restrictive program or treatment exists that could effectively deal with the person's

mental illness, the court will not issue an order for assisted outpatient treatment.

Whom should I contact if I think someone needs assistance through AOT? Contact your local Community Mental Health Center's AOT Coordinator. (In Seminole County it is Seminole Community Mental Health Center 407321-4357 Ext 122)

What is the process to get AOT for someone?

The first step is filing a petition with the county court in the county where the person is residing or is going to reside. A recommendation is made by an administrator of a receiving facility with support by one opinion of a psychiatrist and a second opinion by a psychiatrist or clinical psychologist, both who have seen the client within the preceding 72 hours. In a county with a population of less than 50,000, if the administrator certifies that no psychiatrist or clinical psychologist is available to provide the second opinion, it may be provided by a licensed physician who has postgraduate training and experience in diagnosing and treating mental disorders.

What specifically needs to be filed with the court to begin the process? The

petition, which is a formal statement of facts demonstrating that the person meets the criteria for AOT (Form 3130) a copy of the proposed treatment plan (Form 3145) and Designation of Service Provider (Form 3140). All available forms are available on line at . To access the Baker Act Training Handout visit .

Does anything else need to be done? Once the petition is filed with the court, copies must be given to: The client, guardian, public defender, representative, state attorney, and Dept. of Children & Families.

What happens next? The court is required to set a hearing date that is no more than 3 days after the court receives the petition. At the hearing, the court will hear testimony of the physician whose affidavit was filed with the petition, and may also consider testimony of the petition and the subject of the petition. Other forms of admissible evidence may be considered as well. If the court determines by clear and convincing evidence that the criteria for AOT is met, and a written treatment plan has been filed with the court, an order for assisted outpatient treatment is issued.

To Whom is the court order directed?

The court order is directed to both the person receiving AOT and the local director of the AOT program. The order will require the person to accept the treatment deemed necessary by the court, and will require the local director to furnish such treatment.

How long does the person remain in the AOT program?

The initial court order is effective for up to 6 months from the date of the order. The order can be extended for successive periods of up to 6 months each, but an application to extend AOT requires a showing that the person continues to meet AOT criteria.

What happens if the person does not comply with the terms of the court order?

If a physician determines that the person may need involuntary admission to a treatment facility, the physician may recommend that the person be transported to a treatment facility and retained for up to 72 hours to determine if inpatient care and treatment are necessary. Any refusal of the person to take prescribed medication, or the failure of a test to

determine either medication compliance or alcohol or drug use, may be considered by the physician in reaching the clinical determination regarding involuntary admission. Any decision to retain the person beyond the initial 72 hours must be in accordance with the procedures for involuntary admission as set forth in the Baker Act regulations.

Whom do I contact if I have additional questions about assisted outpatient treatment? Contact your nearest mental health community mental health center or Baker Act receiving facility for further information.

District 7

Brevard, Orange, Osceola & Seminole Counties

Central Receiving Facility Lakeside Alternative Hospital 1st floor 1800 Mercy Drive Orlando, FL 32808

Circles of Care, Inc. Circle of Care Hospital (Adult Psychiatric Unit) Children's Crisis Stabilization Unit 400 E. Sheridan Road Melbourne, FL 32901

Florida Hospital 601 East Rollins Ave Orlando, FL 32803

Lakeside Alternative Hospital 1600 Mercy Drive Orlando, Fl 32808

Lakeside Alternative, Inc. Crisis Stabilization Unit Children's Crisis Stabilization Unit 434 West Kennedy Blvd Orlando, Fl 32810

Park Place Behavioral Health Care Crisis Stabilization Unit Osceola Mental Health, Inc. 206 Park Place Blvd Kissimmee, FL 34741

Seminole Community Mental Health Center Crisis Stabilization Unit 300 South Bay Ave Sanford, FL 32711

South Seminole Hospital 555 West State Road 434 Longwood, FL 32750

Wuesthoff Memorial Hospital 110 Longwood Avenue Rockledge, FL. 32955

Court-ordered

Assisted Outpatient Treatment

An explanation of the Florida State legislation commonly referred to as the Baker Act Court Ordered Outpatient Treatment Regulation.

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