Florida Department of Children and Family Services v. McKim

Jo Lynn McKim (defendant) was an adult with a history of alcohol abuse and self-neglect. McKim had mobility issues and required assistance with bathing, dressing, and using the toilet. McKim also had cognitive issues and could not make informed decisions. McKim regularly failed to take her prescription medications and was frequently dehydrated and malnourished. One day, McKim was found at home, covered in feces, and she had not consumed any liquid or food for days. McKim’s condition was serious enough that McKim required hospitalization. The Florida Department of Children and Family Services (department) (plaintiff) filed a petition to have McKim placed under state protective services and to be cared for at a state facility. McKim opposed the petition, refusing to accept any protective services. The trial court found that McKim was legally incompetent, had engaged in self-neglect, and was unable to care for herself. However, the trial court also found that no caregiver had abused or neglected McKim and that McKim had not consented to any protective services. Therefore, the trial court ruled that it lacked the authority to place McKim under the state’s protective services and dismissed the petition. The department appealed. On appeal, the department argued that even if the statute technically did not authorize the court to force a nonconsenting, incompetent person to accept protective services, the statute’s spirit allowed a court to force the services on an incompetent person if needed to protect her from her own self-neglect.