Lake County Clerk of the Circuit Court and Comptroller
Gary J. Cooney, Clerk

Frequently Asked Questions

Mental Health

• How do you Baker Act someone?
  

  First, the person must have refused to go for help. Second, the person must be in Lake County. If these two conditions have been met, the person seeking involuntary examination (petitioner) must then go to the Lake County Judicial Center. You will prepare a petition and will be asked to take an oath stating that all the information is correct.

• Will I be able to talk to the judge?
  

  No. The clerk will present the petition to the judge for his or her review. If the judge finds that there is sufficient cause, he or she will enter an order directing the Lake County Sheriff’s Office to transport the person to the appropriate facility. This order is valid for 7 days.

• What does the order provide?
  

  The purpose of the order is to provide the Sheriff’s Office the authority to take the person to a facility for an examination.

• Will the person know that I did this?
  

  Yes. The Sheriff's Office serves the person with a copy of the petition and the order entered by the Judge. The mental health receiving facility is also given copies and they become a part of the person's records at that facility. If the patient requests to see his or her records, the facility must allow access.

• What happens once an individual is taken to the facility?
  

  The patient is examined and a determination is made as to whether they need further treatment. The patient may be held for up to 72 hours at the facility. Then, one of three things must happen: 1) the facility must discharge the individual; 2) the facility must allow the individual to sign in voluntarily (if the individual is able to consent); or 3) the facility must file a Petition for Involuntary Placement, and request a hearing.

• Will I be able to attend the hearing?
  

   Yes. The facility will notify the family and/or petitioner of the hearing.

• What happens at the hearing?
  

  Testimony will be taken from the facility staff, the doctor, the family of the patient, and other interested parties. The Public Defender's Office will be appointed to represent the patient and will also attend the hearing. The judge will decide whether to release the person or hold him or her for further treatment. If the person is not competent to consent to treatment, a guardian advocate may be appointed. A guardian advocate is someone who discusses the treatment and medication with the doctor and consents to treatment on the patient's behalf.

• What happens if the person is a minor?
  

  For these proceedings, an individual is considered a minor if he or she is 15 years of age or younger. Minors are also taken to the mental health receiving facility in Leesburg, FL (for Baker Acts). Individuals over 17 years of age are not considered minors for these types of proceedings and will be treated the same as an adult.

• What is the procedure for a Marchman Act?
  

  This procedure is basically the same as the Baker Act procedure. The petition and order are different in their content. For these proceedings, an individual is considered a minor if 17 years of age or younger. Minors are taken to the Addiction Receiving Facility in Orlando FL for involuntary assessment or stabilization, as to substance abuse, for a period of five (5) days or less. The assessment must be reviewed by a physician prior to the end of the assessment period. Individuals over 17 years of age are not considered minors for these types of proceedings and will be treated the same as an adult. Adults are transported to the detox center for evaluation.

• Can I do this procedure more than one time?
  

  Yes. Anytime you feel that an individual is a danger to himself, herself, or others, you may initiate these procedures.

 

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