LUVENIA HENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-12-19
No. 1D01-1319
BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.
801 So. 2d 316 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 2 cases

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Synopsis

Luvenia Henson challenges her involuntary commitment under Florida's Baker Act, arguing the State failed to present clear and convincing evidence that she meets the statutory criteria for commitment. The court agrees and reverses, finding the evidence insufficient to establish either that she is manifestly incapable of surviving without treatment or that she poses a substantial likelihood of inflicting serious bodily harm.


Holding

The State failed to carry its evidentiary burden on both prongs. A refusal to take medication alone does not justify involuntary commitment, and testimony that the appellant is argumentative without specificity regarding physical confrontations or concrete threats is insufficient to establish a substantial likelihood of inflicting serious bodily harm.


Headnotes

[1] Refusal to take medication, standing alone, does not justify involuntary commitment.

[2] Testimony that a patient would neglect herself if not on medication is insufficient to support involuntary commitment without specifying the nature of the self-neglect an…

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Key Quotes

“It is well-settled that the need for treatment and medication and the refusal to take psychotropic medication despite a deteriorating mental condition, standing alone, do not justify involuntary commitment under the Baker Act.”

Establishes that medication refusal alone cannot support involuntary commitment

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Facts & Procedural History

Henson was involuntarily committed pursuant to section 394.467, Florida Statutes. The State's witnesses expressed concerns about her refusal to accept…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was involuntarily committed pursuant to section 394.467, Florida Statutes (2001). She concedes that certain of the statutory criteria for involuntary commitment apply to her, but she argues that the State failed to present clear and convincing evidence to satisfy the criteria of section 394.467(l)(a)2 that (i) she is manifestly incapable of surviving alone or with the help of others, and without treatment, is likely to suffer from neglect which poses a real and present threat of substantial harm to her well-being, or (ii) there is a substantial likelihood that in the near future she will inflict serious bodily harm on herself or another person. As discussed below, we agree that the State failed to carry its evidentiary burden.

I.

With regard to the appellant suffering from neglect if her involuntary commitment was discontinued, the thrust of the witnesses’ testimony was a concern for her refusal to accept the full level of treatment offered to her. In addition, the witnesses doubted that the appellant would take the medication prescribed for her if she was discharged. However, a refusal to take medication does not in itself justify involuntary commitment. Boller v. State, 775 So. 2d 408, 409 (Fla. 1st DCA 2000) (“It is well-settled that the need for treatment and medication and the refusal to take psychotropic medication despite a deteriorating mental condition, standing alone, do not justify involuntary commitment under the Baker Act.”); Lyon v. State, 724 So. 2d 1241, 1243 (Fla. 1st DCA 1999)(holding an expert psychiatrist’s testimony that a patient would neglect herself if she was not on medication, without specifying the nature of the self-neglect in a manner that establishes any real and present threat of substantial harm to her well-being, could not support involuntary commitment).

II.

During the commitment proceedings, the State presented witnesses who described the appellant as being argumentative and having a tendency to provoke others. However, the appellant’s treating physician did not consider her to be suicidal, and none of the witnesses could recall any instances in which the appellant was involved in a physical confrontation. Overall, the testimony demonstrated nothing more than a speculative belief among the witnesses that the appellant, if released, would cause others to harm her. However, that testimony was insufficient to demonstrate a substantial likelihood that in the near future the appellant would inflict serious bodily harm on herself or another. In similar cases, this court has held such allegations to be insufficient to justify involuntary commitment. For example, in Blue v. State, 764 So. 2d 697, 698 (Fla. 1st DCA 2000), the appellant’s psychiatrist testified that she was generally argumentative and that her interactions with other patients tended to escalate into conflicts. The court stated, “[wjithout specificity, the evidence is not clear and convincing that there is a substantial likelihood that in the near future Appellant will inflict serious bodily harm on herself or another person.” Id. at 698. See also Boiler, 775 So. 2d at 410 (noting the record lacked clear and convincing evidence of a substantial likelihood that the appellant would inflict serious bodily harm on herself or another in the near future).

III.

Accordingly, the involuntary commitment order is reversed and the case is remanded for the trial court to elicit further testimony to establish the required statutory criteria or otherwise order the appellant discharged if she is still involuntarily committed. See Zumalt v. State, 791 So. 2d 592 (Fla. 1st DCA 2001)(revers-ing and remanding for the trial court to elicit further testimony to satisfy the statutory criteria, or otherwise order the appellant discharged).

Reversed and Remanded.

BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.


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Citator

Cited By

  • Bess v. State, 336 So. 3d 36 (Fla. 4th DCA 2022)
    …. On this record, the court found that the State failed to show with “specificity” that there was a substantial likelihood that in the near future Blue “will inflict serious bodily harm on herself or another person.” Id. See also Henson v. State, 801 So. 2d 316 (Fla. 1st DCA 2001) (finding State did not prove substantial risk of serious harm where witnesses testified that patient was argumentative but did not observe any violence, and doctor could not recall any incidences where patient was involved in phy…
  • Kogel v. State, 339 So. 3d 373 (Fla. 4th DCA 2022)
    …ith specificity only where relevant. ---PAGE 3--- 3 be in treatment acutely because . . . she feared for her safety basically.” This speculative belief cannot establish that Kogel was likely to harm himself or others. See, e.g., Henson v. State, 801 So. 2d 316, 317 (Fla. 1st DCA 2001); see also Blue v. State, 764 So. 2d 697, 698 (Fla. 1st DCA 2000). We recently explained: “[T]here must also be clear and convincing evidence that without treatment, the patient would pose a real and present threat of substa…

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