Baker and Marchman Acts Information Page

The Baker Act

Florida's Mental Health Act

The Baker Act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its consequences and are able to fully exercise their rights for themselves. When this is not possible due to the severity of the person’s condition, the law requires that the person be extended the due process rights assured under the involuntary provisions of the Baker Act.

Criteria for Filing a Baker Act

A person may be taken to a receiving facility for involuntary examination if the following three criteria are met:

1. There is reason to believe that he or she is mentally ill. This means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person’s ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in Chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.
2. Because of his or her mental illness the person has refused voluntary examination or is unable to determine whether examination is necessary; and
3. Without care or treatment, the person is likely to suffer from neglect resulting in real and present threat of substantial harm that can’t be avoided through the help of others; or there is substantial likelihood that without care or treatment the person will cause serious bodily harm to self or others in the near future, as evidenced by recent behavior.

Initiation

An involuntary examination may be initiated by any one of the three following means:

• A circuit court may enter an ex parte order, based upon sworn testimony, directing a law enforcement officer to take the person to the nearest receiving facility. A law enforcement officer may serve and execute an ex parte order on any day of the week, at any time of the day or night and may use such reasonable physical force as is necessary to gain entry to take custody of the person.
• A law enforcement officer shall take a person who appears to meet the above criteria into custody and deliver the person to the nearest receiving facility.
• A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. A law enforcement officer shall take the person into custody and deliver him or her to the nearest receiving facility.

Examination at a Receiving Facility

Upon arrival at a receiving facility, a person must be examined without unnecessary delay by a clinical psychologist or a physician experienced in the diagnosis and treatment of mental and nervous disorders. The person shall not be released by the receiving facility without the documented approval of a psychiatrist or clinical psychologist.

Discharge or Release

A person may not be held for involuntary examination longer than 72 hours. Within the 72-hour examination period, one of the following must take place:
• The person must be released unless charged with a crime;
• The person must be released for outpatient treatment;
• The person must be asked to give express and informed consent to voluntary placement; or
• A petition for involuntary placement must be filed with the circuit court by the facility administrator.

For more information

There is more to this Act than mentioned above.  Please know that this is a process.  Procedures may vary form county to county within the State of Florida. For more information please call the Access Center at 800-539-4228 or go to the Department of Children and Families Website at www.dcf.state.fl.us.

The Marchman Act

Florida's Substance Abuse Impairment Act

What is an involuntary Marchman Act?

A voluntary admission is when a person who wishes to enter treatment for substance abuse services applies to a service provider for voluntary admission. An involuntary admission is when there is good faith reason to believe the person is substance abuse impaired and, because of said impairment, has lost the power of self control over their substance use; either has inflicted, attempted or threatened to inflict or is likely to inflict physical harm on himself/herself or another; or the persons judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse treatment.

Who can file a Marchman Act Petition?

In addition to a law enforcement officer's authority to implement protective custody, a private practitioner, the persons spouse or relative of the person, the director of a licensed service provider or the directors designee, three responsible adults who have personal knowledge of the persons substance abuse problem or, in the case of a minor, the minor's parents, legal guardian, legal custodian, or a licensed service provider can file an involuntary Marchman Act petition.

How do I file a Marchman Act?

If you have personal knowledge of a person's substance abuse problem and because of this impairment the person has lost the power of self control with respect to substance abuse and you have reason to believe that that person is a danger to him/herself or others you may file a Marchman Act petition. You will need to contact a licensed service provider treatment center to confirm that a bed is available for that impaired person.

Where do I file a Marchman Act?

In Volusia and Flagler Counties in Florida you may file a Marchman Act petition at the Volusia County Courthouse located in either at the City Island Courthouse in Daytona Beach or the Deland courthouse.  For Flagler county clients, you may go to the Flagler County courthouse. You will need to go to the law library (only in Deland and City Island is the applicable, Flagler residents need to obtain it directly from the clerk) to obtain the paperwork, fill it out and then have it notarized and filed with the clerk's office.

What do I need to bring with me?

You will need to bring some identification (including social security number) driver license or birth certificate. You will need to bring the address or location where the person impaired can be located by the sheriff's office.

What will happen after I file a Marchman Act?

After you complete the Marchman Act Petition, the court will review the petition and if the person is represented by an attorney, conduct a hearing within 10 days or without the appointment of an attorney and relying solely on the contents of the petition enter an order authorizing the involuntary stabilization and assessment of the person.

How long may a person be held on a Marchman Act?

A person may be detained for involuntary assessment and stabilization for a period not to exceed 5 days.

Who can I call for more information?

There is more to this Act than mentioned above.  Please know that this is a process.  For more information please call the Access Center at 800-539-4228

Procedures may vary form county to county within the State of Florida.

The Marchman Act has helped thousands of people within the State of Florida deal with difficult situations relating to alcohol abuse, alcoholism and drug addiction. For more information about the Marchman Act go to the Department of Children and Families Website at www.dcf.state.fl.us.