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Mental Health

Baker Act – MENTAL ILLNESS 
Florida Statute 394.463               
No Filing Fee –  Forms available in Family

A sworn petition for involuntary examination may be filed with the Clerk of the Circuit Court if there is reason to believe that someone is mentally ill and because of his or her illness:

  • The person has refused voluntary examination;

  • The person is unable to determine for himself or herself whether the 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.

If the petition for involuntary examination is granted, an ex parte order may be entered and the person will be taken to a receiving facility for an involuntary examination for up to a 72 hour period.

*We suggest that you first download the PDF form to your computer, and then open it with Adobe Acrobat.  You can either type information directly into each field, or copy and paste text.

*Petition for Baker Act

Marchman Act  – Substance Abuse – Forms available in Family Division
Florida Statutes 397.6811 through 397.6822  –           No Filing Fee

A sworn petition for involuntary assessment and stabilization may be filed with the Clerk of Court by the respondent’s spouse or guardian, any relative, a private practitioner, the director of a licensed service provider or any three adults who have personal knowledge of the respondent’s substance abuse impairment and they believe:

  • Because of impairment the respondent has lost the power of self-control with respect to substance abuse.

  • Respondent is likely to inflict physical harm on themselves or others unless admitted

  • Petitioner believes that the respondent’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that he or she is incapable of appreciating his or her need for care and of making a rational decision regarding the need for care.  If the respondent has refused to submit to an assessment, such refusal must be alleged in the petition.

*We suggest that you first download the PDF form to your computer, and then open it with Adobe Acrobat.  You can either type information directly into each field, or copy and paste text.          

*Petition for Marchman Act

Vulnerable Adult Protective Act
Florida Statute 415.1051

The Department of Children and Family Services should be contacted if there is reason to believe that a vulnerable adult is being abused, neglected or exploited and is in need of protective services but lacks the capacity to consent to protective services.

Call 772-467-3890 to report

Jeffrey R. Smith, CPA, CGMA, CGFO
Clerk of Circuit Court & Comptroller
Indian River County
2000 16th Avenue
Vero Beach, Florida 32960
Phone: (772) 226-3100
Domestic Relations Department
2000 16th Avenue, Room 136
Vero Beach, Florida 32960
Phone: (772) 226-3100

 

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