Williams v. StateWilliams v. State
Appellant seeks review of an order of involuntary placement under the Baker Act,
At the initial hearing, it was shown that appellant lived in somewhat unkept conditions in a home she shared with family members. She had wandered away from her home on several occasions to loiter at a nearby convenience store. She was diagnosed as suffering from paranoid schizophrenia for which she took medication. As an alternative to ruling on placement, the trial court directed that appellant reside with her daughter Patricia and Patricia‘s husband, who testified to their willingness to supervise Mrs. Williams, and directed that appellant attend a mental health day care program in Live Oak. Two weeks later, the trial court ordered appellant committed when she failed to attend the day treatment program.
Having reviewed the record, we can find no clear and convincing evidence that appellant was a present danger to herself or to others or that she was unable to survive in the conditions she was residing in at the time she was ordered committed. Schexnayder v. State, 495 So.2d 850 (Fla. 1st DCA 1986);
The trial court, however, retains continuing jurisdiction to order placement upon a sufficient showing by the state that the statutory criteria are met. Therefore, the order of involuntary placement is REVERSED.
MILLS and WENTWORTH, JJ., concur.