The term “ex parte” means that the court will consider the petition without first serving it on the person sought to be Baker Acted. However the Court may upon review of the ex parte Petition elect to schedule a subsequent hearing and give notice to the person sought to be Baker Acted. b.
How to Baker Act an ex parte order requiring involuntary examination?
A Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination must be filed in the court that the person you are wishing to Baker Act is living.
What is the Baker Act of 1971?
The Florida Mental Health Act of 1971 ( Florida Statute 394 ), commonly known as the "Baker Act," allows the involuntary institutionalization and examination of an individual.
What is an example of an ex parte filing?
Baker and Marchman Acts are examples of ex parte filings as these are filed and processed through the court system without the patient's knowledge. A Baker Act is a petition filed when someone is a danger to themselves or others due to mental instability unrelated to substance abuse.
What is a baker or Marchman ACT or ex parte?
What is a Baker, Marchman Act or ex parte? Can anyone file? Ex parte means to file without prior knowledge to the party being filed against. Baker and Marchman Acts are examples of ex parte filings as these are filed and processed through the court system without the patient's knowledge.
What is an ex parte in Florida?
1. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based.
Who can file an ex parte in Florida?
You must prove the following two things in order to successfully obtain an ex parte custody order in Florida: One or both parents have experienced a substantial change in circumstances; and. The requested change in custody would be in the child's best interests.
What is the criteria for being Baker Acted?
The individual must be showing signs of mental illness, a failure to understand why an evaluation may be needed, and/or posing a threat to themselves or others. Usually, a Baker Act is used in response to a mental health emergency.
What's the difference between Baker Act and Marchman Act?
These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.
What happens after ex parte order?
When a decree has been passed against the Defendant as Ex-Parte appeal lies. In cases headed by two or more judges, the majority decision shall prevail. In case there is no majority, then the decree of lower court shall be confirmed.
Can Baker Act patients refuse treatment?
A patient can technically refuse medication, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility.
How long is Baker Act in Florida?
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 ...
Who can initiate a Baker Act in Florida?
perform Baker Acts? A psychiatric resident can initiate an involuntary examination under the Baker Act only if he/she is fully licensed in Florida as a medical or osteopathic physician under chapters 458 or 459, FS. If not licensed as a physician in Florida, he/she cannot initiate the Baker Act examination.
How do I get out of Baker Act in Florida?
How to Get Out. The facility is not, by any means, the only one with the ability to get the court system involved. A patient or the patient's guardian advocate can file a petition for writ of habeas corpus requesting a hearing regarding release from involuntary confinement.
What happens when you get Baker acted in Florida?
The Baker Act in Florida enables involuntary, also known as emergency, mental health services to become available to a person who cannot or will not request help themselves. This may include law officials or family members who recognize the need for a person to receive immediate help.
Who can authorize an involuntary 72 hour hold?
First, anyone who is placed on a 72-hour hold has a right to request a hearing in front of a judge. The common misunderstanding, however, is that this hearing will occur within 72 hours. The 72 hours actual applies to the time frame the provider has to file the petition for involuntary commitment after taking the hold.
How do you get someone involuntarily committed in Florida?
It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
How do I get an ex parte order in Florida?
1. A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on sworn testimony, written or oral.
How do you get someone involuntarily committed in Florida?
It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
How do you win an ex parte hearing?
Tips to Win an Ex Parte Hearing:Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.More items...•
How do you write an ex parte motion?
Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.
Who can initiate the Baker Act?
If you have a loved one suffering from a mental illness and believe they are a threat to themselves or others, talk to a mental health professional or another person qualified to initiate the Baker Act. These professionals include: Psychiatrists. Physicians with mental health training. Clinical Psychologists.
What is an ex parte order?
A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. If a judge grants the order, a law enforcement officer enforces the ruling by taking the person into custody and transporting them to the nearest receiving facility.
What is the Baker Act in Florida?
It can be terrifying to watch a loved one suffer from a serious mental illness, especially when they refuse treatment or do not understand the seriousness of their illness. Florida’s Baker Act provides a process to get individuals the treatment they need, even when it is against their wishes. The Florida Mental Health Act, commonly known as ...
Who provides documentation supporting the release of the person?
If the examination took place at a receiving facility and a psychiatrist or clinical psychologist provides documentation supporting the release of the person, the person is released.
Who sponsored the Baker Act?
Legislators enacted the Baker Act to intercede on behalf of a person suffering from a mental illness who may cause harm to themselves or another but is not willing to seek treatment. Maxine Baker, a former Florida state representative, sponsored the Act, which was passed in 1971. Most states have enacted legislation similar to the Baker Act, ...
Can a receiving facility file a petition for involuntary placement?
The receiving facility cannot file a petition with the court for involuntary placement unless they have documented clear evidence the person is mentally ill, is in danger of self-neglect, and poses a threat to themselves or others.
What is an ex parte in the Baker and Marchman Act?
What is a Baker, Marchman Act or ex parte? Can anyone file? Ex parte means to file without prior knowledge to the party being filed against. Baker and Marchman Acts are examples of ex parte filings as these are filed and processed through the court system without the patient's knowledge.
What is the difference between the Baker Act and the Marchman Act?
A Baker Act is a petition filed when someone is a danger to themselves or others due to mental instability unrelated to substance abuse. A Marchman Act is a petition filed when someone is a danger to themselves or others due to substance abuse. Both the Baker and Marchman Act petition forms are available at the clerk's office without a fee.
Who can seek Baker or Marchman Act?
Anyone may seek to have a Baker or Marchman Act placed. You will need the patient's full name and an address where the patient may be located.
What happens after the Baker Act has expired?
Within 72 hours, the person must be released, either for outpatient treatment or on their own recognizance, unless:
What is the difference between the Baker Act and the Marchman Act?
The Baker Act is sometimes confused with the Marchman Act. Florida’s Marchman Act also allows for involuntary evaluation and commitment , but it is for substance abuse treatment. By contrast, the Baker Act just deals with mental health. Although the Baker Act is just a Florida statute, people across the country use the term “baker acting” ...
What is it like to be Baker Acted?
That is, unless a person is already in a receiving facility. For example, if a hospital serves a receiving facility and the person goes to the ER for care, whether related or unrelated to mental illness. The attending physician may determine that the person meets the criteria for the Baker Act and hold the person at the facility.
Where do you file an affidavit seeking ex parte order?
A Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination must be filed in the court that the person you are wishing to Baker Act is living.
Who has the authority to take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility?
A law enforcement officer has the authority take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility.
Who can file a certificate of custody?
A certificate can be filed by a qualified professional, authorizing a law enforcement officer to take the person into custody and transport them to a receiving facility.
Does the Baker Act apply to mental health?
Also, if a loved one has a substance abuse problem as opposed to a mental condition, the Baker Act does not apply. As mentioned previously, Florida’s Marchman Act should be considered. Conditions which merely produce antisocial behavior are also not a part of the Baker Act’s mental illness definition.
What is the Baker Act?
The Florida Mental Health Act of 1971 ( Florida Statute 394.451-394.47891 [2009 rev.]), commonly known as the " Baker Act ," allows the involuntary institutionalization and examination of an individual.
When did the Baker Act take effect?
The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005. The legislation was nicknamed the "Baker Act" after Florida Democratic state representative from Miami, Maxine Baker, who served from 1963 to 1972.
Who can initiate an involuntary examination?
The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment ), which can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person: possibly has a mental illness.
Is "baker act" a verb?
The nickname has led to the term "Baker Act" as a transitive verb, and "Baker Acted" as a passive-voice verb, for invoking the Act to force an individual's commitment. Although the Baker Act is a statute only for the state of Florida, use of "Baker Acting" as a verb has become prevalent as a slang term for involuntary commitment in other regions ...
What is the Baker Act?
The Baker Act is a Florida law that allows individuals who are experiencing crippling mental illness to be involuntarily committed for examination and treatment. The Marchman Act is also a Florida law but is invoked for individuals who are deeply impaired by a substance use disorder . Each act lasts for different periods of time.
How long can you be involuntarily held for Baker Acted?
Each act lasts for different periods of time. For example, when someone is Baker Acted, he or she can only be involuntarily held for 72 hours for an examination. After that, any and all recommended treatment is voluntary and not required by court order.
How Does the Marchman Act Work in Florida?
The Marchman Act is focused on the individual’s relationship with self-control and the potential for violence as related to alcohol or substance abuse. The Florida Department of Children states that in order for the Marchman Act to be invoked, an individual must meet the following criteria:
How Long Does the Marchman Act Last?
When the Marchman Act is first invoked, the individual struggling with addiction can only be held up to five full days for an initial assessment. This serves as the first stage of the Marchman Act and at this time, the treatment center will work to determine how severe the individual’s addiction is and begins the detox process for him or her.
Who can petition for drug use?
The petitioner generally has to be someone who is closely connected to the individual, such as his or her spouse, parent, relative, or doctor.
What are recommended forms for the Baker Act?
Baker Act Forms - Recommended: Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. Alterations of recommended forms may jeopardize this status.
Is the Baker Act mandatory?
Baker Act Forms - Mandatory: (IMPORTANT: Mandatory Forms may NOT be altered.) Baker Act Forms - Recommended: Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed.
What is the Baker Act?
The Florida Mental Health Act of 1971 ( Florida Statute 394 ), commonly known as the "Baker Act," allows the involuntary institutionalization and examination of an individual. The Baker Act procedure will provide for court ordered emergency pickup and evaluation for persons who are mentally ill and refuse to seek treatment and are a danger to themselves and/or others.
How do I file a Baker Act petition?
This petition can be filed by a person (s) who has firsthand knowledge of the situation. A petition may be filed through the Mental Health Department of the Hillsborough County Clerk of the Circuit Court, Edgecomb Courthouse, 800 East Twiggs Street, Room 205, Tampa, FL 33602.
How can I ask the court to vacate a Risk Protection Order against me?
To have a Risk Protection Order vacated, the respondent (defendant) may submit one written Request for a Hearing to Vacate a Risk Protection Order [external website link] issued under this section , starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any. Additional forms can be found on the Florida Courts Risk Protection Orders page [external website link].
What is the Marchman Act?
Per Chapter 397 of the Florida Statutes, the Marchman Act provides for the involuntary or voluntary assessment, stabilization and treatment of a person abusing or addicted to drugs or alcohol. In order to file a Marchman Act petition with our office, the respondent/subject must reside in Hillsborough County.
How long will a person be held for an assessment under the Marchman Act?
The person needing care under the Marchman Act will be held no longer than 5 calendar days in the receiving facility.
How long does it take for the judge to review a Baker Act petition?
The court will review the petition and make a determination as quickly as possible .
How long will a person initially be held under the Baker Act?
A person will be held no longer than 72 hours in the receiving facility under the Baker Act.
Under What Circumstances Is A Person Subject to The Baker Act?
How Does The Process Work?
- The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual is not open to voluntary treatment for a severe mental health crisis, family members, health professionals, law enforcement or others can ask the circuit court for an involuntary mental health examination. Ordered by Court A loved one or others can petition the Circuit Court to issu…
What Happens After The Involuntary Examination period?
- The involuntary examination period cannot exceed 72 hours for adults and 12 hours for minors. Within that time, a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders must examine the individual. After completion of the examination, one of the following must happen: 1. The person is released unless charged with a crime. 2. The per…
What Else Do Family Members Need to Know?
- If you have a loved one suffering from a mental illness and believe they are a threat to themselves or others, talk to a mental health professional or another person qualified to initiate the Baker Act. These professionals include: 1. Psychiatrists 2. Physicians with mental health training 3. Clinical Psychologists 4. Psychiatric Nurses 5. Clinical Social Workers 6. Licensed Mental Health Couns…