Mental Health Case Types

Florida Statutes 394.451 Short title.-Known as "The Florida Mental Health Act" or " The Baker Act."
The Mental Health area of the Probate Department maintains the records on involuntary procedures related to:
  • mental illness
  • developmentally disabled
  • tuberculosis
  • adult protective services
  • substance abuse
  • adjudication of incapacitated persons
  • restoration of capacity for persons having previously been declared incapacitated
  • pre-need guardians
Involuntary Examination Florida Statutes 394.463
Involuntary admission to a facility for a person who may be mentally ill (not to exceed 72 hours).

Criteria:
A person may be taken to a receiving facility for an involuntary examination if there is reason to believe that they are mentally ill when:
  • The person has refused voluntary examination or
  • The person is unable to determine whether an examination is necessary.
  • Without care or treatment the person is likely to suffer from:
    • Neglect
    • May be a threat of substantial harm to their well-being
    • May cause serious bodily harm to themselves or others
    • The person is located in Pasco County

Procedure:

  • A petition may be filed in the Clerk & Comptroller's Office by any interested person(s)

  • The Court will review the petition and either grant or deny the petition

  • If the Court grants the petition, a certified copy of the documents filed is sent to the Sheriff’s Office

  • The Sheriff’s Office will serve the individual and deliver them to the nearest receiving facility

  • A person may not be held in a receiving facility for involuntary examination longer than 72 hours

  • The initiating petition can be completed online using Adobe Acrobat and then printed on your printer. Other required forms are available in the Clerk & Comptroller's Office. If you do not have Adobe Acrobat installed on your computer, click the link below to download the free Adobe Reader.


DISCLAIMER: This document is not an attempt by the Clerk to practice law or give legal advice, it is intended to provide notice of procedures followed by the Clerk's Office at the direction of the Courts. All forms are derived from either the Supreme Court promulgated forms or Sixth Judicial Circuit Court approved forms. Forms are subject to change without further notice by the Courts.
Petition/Affidavit Seeking Involuntary Exam

General Information

As in all probate proceedings a hearing may be necessary when mental health cases are presented to the Court for consideration of all orders.

The majority of files maintained in the Mental Health area are confidential and exempt from public access.

 



Department Contact Information

DADE CITY NEW PORT RICHEY
Paula S. O'Neil
Clerk and Comptroller
38053 Live Oak Avenue
Suite 207
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2216
8:30am-5:00pm
Monday-Friday




Directions
Paula S. O'Neil
Clerk and Comptroller
Mailing Address
P.O. Box 338
New Port Richey, FL 34656-0338
Physical Location:
7530 Little Road
Suite 104
New Port Richey, FL 34654
(727) 847-2411 Ext. 2216
8:30am-5:00pm
Monday-Friday
Directions

Marchman Act (Substance Abuse)

Services

Involuntary Assessment and Stabilization Florida Statutes 397.301

Involuntary admission to a facility for substance abuse (not to exceed 5 days).

Criteria to File a Marchmen Act Petition:

  • A person determined by the Court who meets the criteria for involuntary assessment and stabilization may be admitted to a facility for up to 5 days.

  • A petition may be filed on an adult person by:
    • The person’s spouse
    • Guardian
    • Any relative
    • A private practitioner
    • The director of a licensed service provider
    • The director’s designee
    • Any three adults who have personal knowledge of a person’s substance abuse impairment

  • A petition may be filed on a minor by:
    • A parent
    • Legal guardian
    • Legal custodian
    • Licensed service provider

Procedure for an Adult:

  • The requirements in the document titled A Petitioner's Responsibilities Under The Hal Marchman Act must be completed prior to filing a petition.

  • Complete the petition and other paperwork for filing at the Clerk & Comptroller's Office.
  • The Court will review the paperwork and grant or deny the petition with or without a hearing (ex parte).

  • If the Court grants the petition, the respondent will be served a copy.

  • If the court finds it necessary, it may order the Sheriff to take the person into custody and deliver them to the licensed service provider the petitioner has previously arranged for as directed in the document titled - A Petitioner's Responsibilities under the Hal Marchman Act.

  • A licensed service provider may admit a client for involuntary assessment and stabilization for a period not to exceed 5 days.

  • The initiating petition can be completed online using Adobe Acrobat and then printed on your printer. Other required forms are available in the Clerk & Comptroller's Office. If you do not have Adobe Acrobat installed on your computer, click the link below to download the free Adobe Reader.


DISCLAIMER: This document is not an attempt by the Clerk & Comptroller to practice law or give legal advice; it is intended to provide notice of procedures followed by the Clerk & Comptroller's Office at the direction of the Courts. All forms are derived from either the Supreme Court promulgated forms or Sixth Judicial Circuit Court approved forms. Forms are subject to change without further notice by the Courts.
Forms to be Reviewed and Completed:

A Petitioner's Responsibility Under the Hal Marchman Act

Petition for Involuntary Assessment & Stabilization

Involuntary Treatment Florida Statutes 397.693

Court Ordered treatment to a facility for substance abuse.

Criteria:

  • A person may be the subject of a petition for court-ordered involuntary treatment if that person meets the criteria for involuntary admission provided in Florida Statutes 397.675 and 397.693.

  • A petition may be filed on an adult person by:
    • The person’s spouse
    • Guardian
    • Any relative
    • The director of a licensed service provider
    • The director’s designee
    • Any three adults who have personal knowledge of a person’s substance abuse impairment

  • A petition may be filed on a minor by:
    • A parent
    • Legal guardian
    • Legal custodian
    • Licensed service provider

Procedure for an Adult:

  • Petition and other paperwork to be completed at the Clerk & Comptroller's Office

  • The Court determines if it will grant or deny the petition with or without a hearing (exparte).

  • If the Court grants the petition, a hearing is set within 10 days.

  • The respondent will receive a court appointed attorney.

  • The Notice of hearing will be serviced on the Respondent, guardian or legal custodian, the petitioner, the respondent's spouse or whomever the court may direct.

  • The Court will hear all relevant evidence.

  • The respondent must be present at the hearing unless it is waived by the court.

  • At the hearing the petitioner(s) have the burden of proving by clear and convincing evidence:

  • The court will determine if the respondent is substance abuse impaired and because of such impairment has lost the power of self-control, or deny the petition.

View Mental Health FAQs

 

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