Mental Health Case Types

Note: Mental Health Division has only one filing fee for the Petition to Determine Incapacity.

Baker Act – Involuntary Examination or Placement, F.S. 393.463, 393.467

A Petition for Involuntary Examination may be filed when there is reason to believe an individual is mentally ill and because of that mental illness has refused voluntary help. There would also be reason to believe that the person is unable to determine for themselves that examination is necessary and without care and treatment the individual will suffer from neglect that would pose a real threat to their well-being. Circumstances may also be that no willing family members or friends are available or there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to themselves or others in the near future, as evidenced by recent behavior. A court order may be issued for an examination for up to 72 hours.

A Petition for Involuntary Placement may be filed by the administrator of a facility licensed by the Department of Children and Families under Florida Statute 394. Once filed, the petition must be heard within 5 days. The public defender is appointed to represent the patient. A general master goes to the facility to preside at the hearing. One of the doctors who signed the petition must be a witness. If the court concludes that the patient meets the criteria for involuntary placement, it shall order that the patient be transferred to a treatment facility for a period of up to six months.

Marchman Act – Involuntary Assessment or Treatment, F.S. 397.688, 397.693

A Petition for Involuntary Assessment may be filed when there is good faith reason to believe an individual is substance-abuse impaired and because of that impairment, has lost the power of self-control with respect to substance use. The Petition is filed with the Clerk of Court and must be set for hearing within 10 days. Notice of hearing is provided by mail to the petitioners. The patient is served notice of hearing by a plainclothes Deputy Sherif

A General Master presides at the hearing. After hearing all relevant testimony, the court may enter an Order for Involuntary Assessment. Unless arrangements have been made for assessment at a private facility, the court order shall direct the Sheriff's Office to take the patient into custody and deliver him/her to a public facility licensed by the Department of Children and Families.

The facility will assess and stabilize the patient for a period not to exceed 5 days. A written assessment is sent to the court. Once the written assessment is received, the court may proceed with the Petition For Involuntary Treatment.

A Petition for Involuntary treatment may be filed once the written assessment is reviewed by the court and the recommendation is involuntary treatment. Notice of hearing is provided by mail to the petitioners and any attorney on record. The patient is once again served notice of hearing by a plainclothes Deputy Sheriff. A general master presides at the hearing and after taking all relevant testimony, the court may enter an order for involuntary treatment for a period not to exceed 60 days. It may also direct the Sheriff to take the patient into custody and delivery him to the licensed facility.

Adult Protective Services Act - Florida Statute 415.1051

The Department of Children and Families may petition the Circuit Court for an order authorizing the provision of protective services when there is reasonable cause to believe that a disabled or elderly person is being abused, neglected or exploited.

Notice of hearing and a copy of the petition are served on the alleged victim, the caretaker and any other interested parties. The petition is heard within 14 days after the petition is filed. Counsel is appointed for the alleged victim. If the court finds that the elderly or disabled person is in need of protective services, the court may issue an order authorizing protective services and specifying the services to be provided. No more than 60 days after the date of the initial order, the Department of Children and Families shall file a second petition to ask the court to determine if protective services should be continued or if a Petition To Determine Incapacity and a Petition for Guardianship should be filed.