Lischka v. State

This is an appeal from an order of involuntary commitment entered pursuant to section 394.467, Florida Statutes (2004). Appellant asserts that the state failed to present clear and convincing evidence that he met the required statutory criteria for involuntary commitment. The state has filed a confession of error. Although we are concerned about the significant problems that can occur when mental health patients refuse to take their prescribed *1026medication, the statute and case law require reversal.

“In an involuntary commitment proceeding, the State bears the burden of proving by clear and…