Mental Health
Baker Act
- The Baker Act is a case type covered under the Mental Health Act which is governed by §394, Florida Statutes. A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because his or her mental illness meets the following criteria:
- The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or
- The person is unable to determine for himself or herself whether examination is necessary; and
- Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or
- There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
- An Ex Parte Petition for Involuntary Examination is also referred to as Ex Parte Baker Act.
- To file a petition, you must describe the person's actions that led you to believe there is a substantial possibility that he or she will cause bodily harm to himself or herself or others or will otherwise threaten his or her wellbeing by failing to practice care.
- There is no filing fee required to file a Petition for Involuntary Examination.
- The individual's whereabouts in Jefferson County must be known and he or she cannot be in jail.
- Further, Ex-Parte filings are inappropriate if the individual is already in law enforcement's custody and can be examined by them or other trained personnel.
Who can file:
- The petitioner may be any individual willing to swear in a Petition for Involuntary Examination that he or she has personally witnessed an individual causing harm to themselves or others. An "Ex Parte" Petition for an Involuntary Examination can be completed at the Clerk's Office. The term “Ex Parte” means that the court will consider the petition without first serving it on the person sought to be Baker Acted. However, the Court may, upon review of the Ex Parte Petition, elect to schedule a subsequent hearing and give notice to the person sought to be Baker Acted.
- A law enforcement officer may transport an individual to a facility for examination if there is reason to believe that the individual's behavior meets statutory guidelines for involuntary examination.
- A physician, clinical psychologist, psychiatric nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed mental health counselor may execute a certificate stating that he or she has observed behavior that meets the Baker Act criteria in the past 48 hours.
What Happens After You File a Petition:
- The judge will review the petition, and if the criteria for an Involuntary Examination have been fulfilled, then a court order will be issued. Upon issuance of the court order, the information is sent to the Jefferson County Sheriff's Department for service and pick up. The sheriff's department will transport the individual to the nearest designated mental health facility.
- The facility must examine the individual within 72 hours to determine the necessity of his or her placement. If a psychiatrist decides that the individual should be placed for treatment, the facility will petition the court for a hearing within 72 hours. This does not mean the facility will hold the individual for the entire 72 hours.
Marchman Act
- The Marchman Act is a case type covered under the Substance Abuse Services which is governed by §397, Florida Statutes. A person may be taken to a receiving facility for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder and, because of such impairment or disorder meets the following criteria:
- The individual has lost the power of self-control with respect to substance abuse; and
- The individual is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or
- Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.
- There is no filing fee required to file either (i) an Ex Parte Petition for Involuntary Assessment and Stabilization or (ii) an Ex Parte Petition for Involuntary Services.
Who can file:
- The petitioner must be a spouse or guardian, relative, director of a licensed service provider, private practitioner, or any adult who has personal knowledge of the individual's substance abuse issues.
- If the individual is a minor, only his or her parents, legal guardian/custodian, or licensed service provider may file a petition.
What Happens After You File a Petition:
- If the judge determines that the criteria have been met, the court will issue an Order for Involuntary Assessment and Stabilization. The facility then has five days to complete an assessment. After the assessment, the petitioner may file a Petition for Involuntary Services of Substance Abuse at the Jefferson County Clerk's Office. The court does not set a hearing date until or unless the second petition for involuntary treatment is filed.
- If the petitioner wishes to drop their Marchman Act filing, they may file a Withdrawal of Petition for Hearing on Involuntary Substance Abuse Assessment and Stabilization.