OFFICE OF LAURA E. ROTH
CLERK OF THE CIRCUIT COURT
VOLUSIA COUNTY, FLORIDA

Mental Health, Risk Protection & Firearm Disabilities

Provides information to families or individuals about filing with the court to request that someone be involuntarily evaluated and/or treated for mental illness, alcohol or substance abuse, to protect vulnerable or disabled persons from being abused, neglected or exploited by others. In addition to providing information on the process for filing a Petition for Relief from the inability to own or purchase a firearm and how to Request a Hearing to Vacate a Risk Protection Order. The main office is located in DeLand with limited assistance in Daytona Beach at the Civil or Family Law office.

Baker Act

The Baker Act is a tool to facilitate the proper care and treatment of mentally ill individuals in a dignified manner and to ensure the return of the patient to the community as soon as possible. Provisions of the act allow for the involuntary treatment of those individuals if very specific conditions are met, which may include the belief that a friend or family member is mentally ill and because of the illness is refusing examination and treatment by health care professionals, and if there is sufficient reason to believe that without care or treatment the person is likely to suffer from neglect and is a possible threat to himself or another person. To initiate a Petition for Involuntary Examination refer to the contact info below for the Stewart-Marchman-Act Behavioral Healthcare 24 hour Access Center. In Volusia County, the petition to the court and written instructions for filing the petition for Baker Act can be obtained at a local Law Library. A Judge will review the petition and evidence in the case and make a decision regarding the examination.

Marchman Act

The Marchman Act provides for the involuntary assessment and stabilization of any person, juvenile or adult, whose abuse of alcohol and drugs is beyond the person's control and is presenting a danger to the person or people around them. For information on filing the Marchman Act refer to the Stewart-Marchman-Act Behavioral Healthcare 24 hour Access Center. In Volusia County, the petition to the court and written instructions for filing the petition for Marchman Act can be obtained at a local Law Library and on our Forms Online page. In Flagler County, this material can be obtained from the clerk's office at the Bunnell courthouse. The petition must be filed in the county where the person resides. The petition will be reviewed at the initial hearing by a judge who may either order the assessment or dismiss the petition. Depending on the severity of the person's condition, the assessment may be done while the client is in the 24-hour care of an Addiction Receiving Facility or at an outpatient office.

Adult Protective Services Act

The Adult Protective Services Act provides that if the Department of Children and Families determines that an aged or disabled person is being abused, neglected or exploited and is in need of protective services, but lacks the capacity to consent to protective services, the department shall petition the court for an order authorizing the provision of protective services. To initiate this proceeding refer to the contact info below.

Baker Act or Marchman (Alcohol or Substance Abuse) Act Info.

Stewart Marchman-Act Behavioral Healthcare 24 hour Access Center

1-800-539-4228
1220 Willis Avenue
Daytona Beach, FL 32114

Pinegrove Crisis Services Center

SMA Behavioral website
1150 Red John Dr.
Daytona Beach, FL 32124

Forms

Baker and Marchman Act forms can be obtained through any local Law Library. The Clerk's Office has provided several forms online.

DeLand

(386) 822-5769
101 N Alabama Ave, Room B318
DeLand, FL 32721

Daytona Beach

(386) 257-6041
125 E Orange Ave, Room 208
Daytona Beach, FL 32114

Filing

The preferred filing location is the DeLand office. Complete the petition and sign in front of notary or bring to the courthouse and sign in front of a deputy clerk (identification is required).

DeLand

(386) 736-5914
101 N Alabama Ave, Room A222
DeLand, FL 32721

Daytona Beach

125 E Orange Ave, Room 100
Daytona Beach, FL 32114

Adult Protective Services Act - Department of Children and Families

Elderly Abuse or Exploitation Hotline

1-800-962-2873

Daytona Beach

(386) 254-3955
210 North Palmetto Avenue
Suite 412
Daytona Beach, FL 32114