The Clerk's Mental Health Division maintains the
court's records when a person is involuntarily committed for treatment
of a mental illness or substance abuse. The law governing mental
illnesses is commonly referred to as "The Baker Act," and
the law governing substance abuse is often called "The Marchman
Act."
The Mental Health Division also maintains records
pertaining to protective services for disabled adults or elderly
persons; persons with developmental disabilities; persons with
tuberculosis; judicial determinations of incapacity and the restoration
of capacity; and guardian advocates.
A court may enter an order requiring a person to
be examined if, based on the sworn testimony of others, it appears
that the person is mentally ill and because of the mental illness
has refused a voluntary examination or is unable to determine
for himself or herself whether an examination is necessary. The
sworn testimony should be given by persons, preferably three in
number, who have personal knowledge of the behavior.
If it appears that a person should be involuntarily
placed in a facility for treatment, a petition is filed by the
administrator of the facility where the person was temporarily
located. The administrator's petition must be accompanied by the
opinions of two psychiatrists.
Who may file the petition
to have a person assessed for substance abuse?
If the person who appears to require assessment
is an adult, a petition to have the person examined may be filed
by a spouse, guardian, relative, physician, psychologist, clinical
social worker, or three adults who have personal knowledge of
the person's substance abuse impairment.
If the person who appears to require assessment
is a minor, a petition to have the person examined may be filed
by a parent, legal guardian, legal custodian, or a service provider.
Who may file the petition
to have a person treated for substance abuse?
If the person who appears to require treatment is
an adult, a petition to have the person admitted for treatment
may be filed by a spouse, guardian, relative, service provider,
or three adults who have personal knowledge of the person's substance
abuse impairment and the prior course of assessment.
If the person who appears to require treatment
is a minor, a petition to have the person admitted for treatment
may be filed by a parent, legal guardian, or a service provider.
I know a person who is in jail
and who I believe to be mentally ill. Can I file a petition to
request that this person be moved to a mental health facility
for evaluation and treatment?
No. The court with jurisdiction over the defendant's
criminal charges takes precedence. However, the Orange County
Corrections Division employs a staff psychologist who screens
individuals for mental illness. For more information, call (407)
836-2095.
Do I need an attorney
to file a petition for the examination, assessment, or treatment
of a mental illness or substance abuse?
No; however, a court may order or the law will require
that an attorney be appointed to represent the interests of the
respondent.
Why do I have to come in
person to the Clerk's office to file a petition for the examination,
assessment, or treatment of a mental illness or substance abuse?
The petition to have a person examined, assessed,
or treated for mental illness or substance abuse must be based
upon the sworn testimony or personal knowledge of the petitioner(s).
Therefore, you must appear in person at the Clerk's office to
take an oath.
Why is it important
to know where the person is physically located at the time
a petition is filed?
According to Florida law, a petition seeking to
commit a person for examination, assessment, or treatment of mental
illness or substance abuse must be filed in the county where the
person is located.
How long will a person remain
in a facility if committed for an examination, assessment, or
treatment?
Mental Illness: If the person is committed
for mental illness, and the person is committed for the purpose
of examination, the person must be examined within 72 hours. If
the person is committed for treatment, a facility may retain the
patient for a period not to exceed 6 months. A person assigned
to less restrictive treatment alternatives will usually undergo
an average treatment period of about 4 weeks.
Substance Abuse: If the person is committed
for substance abuse, and the person is committed for the purpose
of assessment, the person must be assessed within 5 days. If the
person is committed for treatment, the person may not be detained
for more than 60 days unless the court orders an extension upon
a petition for renewal.
Can I file another
petition for commitment if the treating facility discharges
the patient within the evaluation or assessment period?
No. If an examining physician finds that a patient
meets the criteria for continued treatment of a mental illness,
the treating facility will petition for involuntary placement.
Otherwise, the patient is released or treated on a voluntary basis.
In the case of substance abuse, a qualified professional assesses
the patient to determine whether further involuntary treatment
is required. If not, the patient is released or referred for treatment
on a voluntary basis.
Can the judge order a
person to take medicine if the person has been discharged from
the treating facility?
No. The jurisdiction of the court's authority ends
when the person is discharged from the treating facility.
Are the court records
pertaining to the involuntary treatment of mental illnesses or
substance abuse confidential?
No. Court records are open for public inspection
unless a law or a court order specifically provides that a certain
type of record is not confidential. According to Florida law,
the clinical records of a patient being treated for mental illness
are confidential. Similarly, the records of a substance abuse
service provider are confidential. All other court records are
open for public inspection unless the court orders otherwise.
Who pays for the treatment
of mental illness or substance abuse?
Mental Illness: It is the policy of the State
of Florida that no person will be denied treatment because of
the inability to pay for it. However, if the person receiving
treatment or someone responsible for that person is able to pay
for treatment, efforts will be made to collect for the services.
Substance Abuse: Service providers who receive
state funds may not deny services based solely upon an individual's
inability to pay for treatment, provided that there are adequate
space and resources available. A person who has received treatment,
or the parent or legal guardian of a minor who received treatment,
must contribute toward the cost of substance abuse services.
Why is a
person required to go to Lakeside Alternatives, as opposed
to another facility, for the evaluation of a mental illness?
A person who is committed for involuntary examination
must be taken to the nearest "receiving facility." According
to Florida law, a receiving facility is a facility designated
by the Department of Children and Family Services to receive and
hold involuntary patients for psychiatric evaluation. Lakeside
Alternatives is the public receiving facility designated by the
Department of Children and Family Services.
Where is
Lakeside Alternatives and are there any facilities similar
to Lakeside Alternatives for the treatment of substance abuse?
Lakeside Alternatives is located at 434 West Kennedy
Boulevard, Orlando, Florida 32810, (407) 875-3700. There are two
other facilities in Orange County that provide similar services.
One is the Center for Drug-Free Living, located at 501 North Orange
Avenue, Orlando, Florida 32801, (407) 245-0012. The other, which
accepts only female patients who are pregnant or who have recently
had a baby (post-partum), is the Temporary Living Center, located
at 1717 Piedmont-Wekiva Road, Apopka, Florida 32703, (407) 880-1221.
What is a guardian
advocate and how is that different from a guardian?
A guardian advocate is a person appointed
by the court to make decisions regarding mental health treatment
for a person who has been found incompetent to consent to treatment.
A guardian advocate's duties end when the person has regained
the capacity to consent to treatment or when the person is discharged
from a receiving or treatment facility to the community.
A guardian is a person appointed by the
court to act on behalf of a ward's person or property, or both.
Can you recommend
a psychiatrist, a psychologist, an attorney, or a health care
facility specializing in the treatment of mental illness or substance
abuse?
No. The Clerk must remain impartial with regard
to all proceedings. Although the Clerk's employees work with and
respect the professionals in the Central Florida area who are
associated with the treatment of mental illness or substance abuse,
we refer all inquiries to the following agencies:
- Orange County Medical Society - (407) 841-6267
- Florida Medical Association, Inc. - (407) 423-3323
- Orange County Bar Lawyer Referral Service - (407) 422-4537
Are pamphlets available
that explain the laws governing mental illnesses and substance
abuse?
No. However, the Orange County Public Library houses
the law library, where the text of these laws, as well as other
sources, are available. The Baker Act is in Chapter 394 of the
Florida Statutes, and the Marchman Act is in Chapter 397 of the
Florida Statutes. The library is located at 101 East Central Boulevard,
Orlando, Florida 32801.
