Chapter 394 of the Florida Statutes is known as "The Baker Act" and as "The Florida Mental Health Act". A Baker Act proceeding is a means of providing an individual with emergency services and temporary detention for mental health evaluation and treatment, either on a voluntary or involuntary basis.
A voluntary Baker Act is when a person 18 years of age or older, or a parent or guardian of a person age 17 or under, makes application for admission to a facility for observation, diagnosis or treatment.
An involuntary Baker Act is when a person is taken to a receiving facility for involuntary examination when there is reason to believe that he or she is mentally ill and because of his or her mental illness, the person has refused voluntary examination; 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 and such refusal could pose a threat of harm to his or her well being; and there is a substantial likelihood that without care or treatment, the person will cause serious bodily harm to himself, herself or others in the near future as evidenced by recent behavior.
- A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person to the nearest receiving facility for an examination.
- A physician, clinical psychologist, psychiatric nurse, or clinical social worker may execute a certificate 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. A law enforcement officer shall take the person named in the certificate to the nearest receiving facility for an examination.
- A Court may enter an ex parte (on behalf of one party, without notice) order stating that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person into custody and deliver him or her for an examination.
The individual believed to be suffering from mental illness should be in Putnam County. If you are willing to swear in a Petition for Involuntary Examination that you have personally witnessed an individual causing harm to themselves or others, an Ex Parte Petition for Involuntary Examination can be filed at the Clerk's Office, Circuit Civil Division.
Because paperwork must be processed, the petitioners should visit the Clerk's Office well before 5:00 p.m. The petitioners should bring a valid photo identification of themselves and should be prepared to provide a specific address for the individual.
A family member or interested person may fill out the petition and affidavit and file it with the Clerk's Office, Circuit Civil Division. To obtain the petition contact:
Putnam Behavioral Health Care
330 Kay Larkin Drive
Palatka, FL 32177
(386) 329-3780
You will need to provide proper identification and have personally witnessed the individual's actions.
Your sworn affidavit will be reviewed by the Court. If the Court believes, based on the evidence provided in the petition and affidavit, the Judge will enter an order for the Sheriff to pick up and transport the person to the nearest receiving facility. The person is examined at the facility and the staff and doctors there determine any further action.
The Sheriff will make every attempt to take the person into custody and transport the person to a facility. If the person cannot be located by the Sheriff, the Sheriff will hold the order for seven (7) days and continue attempts to take the person into custody.
A person may not be detained for more than 72 hours.
Chapter 397 of the Florida Statutes is known as the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993". It provides for the involuntary or voluntary assessment and stabilization of a person allegedly abusing substances like drugs or alcohol, and provides for treatment of substance abuse. Any one family member or three non-family members may file a petition for treatment of a said individual. The family or friends must make arrangements with a treatment facility prior to coming to our office to complete a sworn petition stating the actions of this said person and requesting a hearing. There is no filing fee.
A voluntary admission occurs when a person seeks treatment for substance abuse and applies to a service provider to receive such treatment.
An involuntary admission occurs when there is good faith reason to believe the person is substance abuse impaired, and because of such impairment:
- the person has lost the power of self control with respect to substance use
AND
- the person has inflicted or attempted/threatened to inflict, or, unless admitted for treatment, is likely to inflict, physical harm to him/herself or another;
OR
- the person's judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse services and to make a rational decision regarding substance abuse services.
