| The Mental Health Department provides what general services? |
Assist in filing pleadings related to Mental Health Provide information to general public, attorneys and other agencies on general court procedures Copy, certify, and conform copies of court orders and documents Assists the general public and governmental agencies in researching records through the use of computer, microfiche, and microfilm. |
| How does the Mental Health Department help the PUBLIC? |
Filing Baker Act and Marchman Act petitions Copying and certifying various legal documents from files and film upon request Providing information to the general public by searching files and film Filing Declaration of Preneed Guardian Filing petition for return of personal property |
| How does the Mental Health Department help HOSPITALS? |
Filing Involuntary Placement Petitions Setting hearing dates Accept writ of habeas corpus being filed |
| How does the Mental Health Department help DCF? |
Filing various petitions related to Mental Health such as : Developmental Disabilities Placement, Treatment/Hospitalization for Tuberculosis, and Adult Protective Services Scheduling court hearings Issuing Subpoenas and Notices of Hearing |
| How does the Mental Health Department help ATTORNEYS? |
Filing various petitions related to Mental Health such as Petitions to Determine Incapacity, and Restoration of Capacity Setting hearing dates Issuing Subpoenas and Notices of Hearing Screening court files and documents and pleadings to determine that all necessary procedural steps have been taken prior to presentation to the Court for hearings and execution of orders |
| What forms are provided by the Mental Health Department of the Clerk's Office? |
Petition for Involuntary Examination on ExParte Order Petition for Involuntary Examination and Stabilization (Substance Abuse)/Information Sheet for Substance Abuse Petition for Return of Personal Property Petition for Involuntary Treatment |
| What are some of the petitions that are filed in the Mental Health Department? |
Examples: Tuberculosis Control Act - F.S. 392
This petition is filed by Department of Children and Families to control the highly contagious infection of Tuberculosis when infected persons are refusing to take appropriate measures.
Developmentally Disabled - F.S. 393
This petition is filed by Department of Children and Families when the subject reaches the age of majority and is being placed in a state monitored residential setting.
Petition for Involuntary Examination on Exparte (Baker Act)- F.S. 394.463
This petition can be filed by a person(s) who has first hand knowledge of the situation. The purpose of this petition is to initiate the Baker Act procedure for emergency pickup and evaluation for persons who are mentally ill and refuse to seek treatment and are a danger to themselves and/or others.
Writ of Habeas Corpus - F.S. 394.459
This petition is filed by a person detained in a hospital, their relative, friend, guardian, representative, or attorney on their behalf. A writ is filed when a person detained in a receiving or treatment facility alleges that they are being unjustly denied a right or privilege. This petition requires immediate attention upon receipt by the Court.
Involuntary Placement and Placement Certificate - F.S. 394.467
This petition is filed by an administrator or designee of a designated Baker Act facility. The petition is filed when a person is determined to be a danger to themselves or others, and are in need of hospitalization.
Involuntary Assessment and Stabilization (Marchman Act)- F.S. 397
The purpose of this petition is to obtain a court order for substance abuse assessment and stabilization when the respondent has refused to voluntarily receive care. There are specific requirements to filing this petition and the Mental Health department is able to explain these further.
Adult Protective Services - F.S. 415 These petitions are filed by the Department of Children and Families when the Department has reason to believe a disabled or elderly adult is being abused, neglected, self-neglect, or exploited and the person lacks the capacity to consent to service being provided. A court order allows the Department to provide services.
Determination of Incapacity - F.S. 744.3201
These petitions are filed when a person is alleged to be incapacitated mentally and/or physically. The purpose of the petition is to have the person evaluated and a determination made as to whether the alleged incapacitated person is capable of retaining all of or certain legal rights. This petition must be filed in conjunction with a Petition for Guardianship.
Declaration for Preneed Guardian - F.S. 744.3045
Preneeds are used to appoint a guardian to serve in the event of the declarants incapacity. The written declaration must be signed by the declarant in the presence of at least two attesting witnesses at the same time. The declaration may be filed by the declarant with the Clerk of Circuit Court. The Court shall not be bound to appoint the preneed guardian if the presumption is rebutted by clear and convincing evidence that the preneed guardian will assume the duties of the guardian immediately upon an adjudication of incapacity.
Suggestion of Capacity - F.S. 744.464
The ward or any interested party may file this petition requesting all or certain rights be restored.
Return of Personal Property - F.S. 933.14
The purpose of this petition is to return property that is being held in the Sheriff’s or Police Departments property room. A hearing requesting a court order for release and return of personal property is required. Involuntary Treatment (Marchman Act) - F.S. 397 The purpose of this petition is to obtain a court order for involuntary treatment of substance abuse when the Respondent is not willing to go. There are specific requirements to filing this petition and the Mental Health department is able to explain these further.
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