Mental Health Department
The Clerk’s office maintains the records on involuntary procedures related to mental illness, drug abuse, developmentally disabled, tuberculosis, and adult protective services.
The criteria and procedures for Baker Act (mental health) cases and Marchman Act (substance abuse) cases are different.
In cases where there is reason to believe that an individual is experiencing a mental health crisis, they may be transported to a receiving facility for an involuntary examination if the following conditions are met:
- The individual must be located in St. Lucie County and not be admitted to a hospital or be incarcerated.
- The person has either declined a voluntary examination or is incapable of determining whether an examination is necessary.
- Without care or treatment:
- FS 394.463 – There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
Who can file a baker act?
- The petition can be filed by any person who has first-hand experience of the individual’s recent behavior.
How do you file a Baker Act?
- Complete the Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination form
- You can get this online or receive a copy in the office to fill out.
- The form is conveniently available for access online or can be obtained in person from the Clerk’s office to be completed.
- After filling out the petition and being sworn in by a Deputy Clerk, the Petitioner will receive a case number along with instructions regarding how to inquire about the case status with the sheriff. Please note that the Clerk's office cannot discuss the case over the phone. To discuss the case, the Petitioner is required to visit the Clerk’s office in person and present a valid ID to speak with a deputy clerk.
- Once a petition is granted, the Clerk’s office will inform the Sheriff’s office to transport the individual to the nearest receiving facility. The facility will then have 72 hours to assess the individual to make a determination as to whether their placement is necessary.
- If the petition is denied, there is a two-day period to amend the petition by providing additional details regarding the situation.
Mental Health FAQs
Where do I file a Mental Health case?
You can file a mental health case at www.myflcourtaccess.com or by visiting the Family Relations Department in the Clerk’s downtown Fort Pierce office.What is a Baker Act?
It is the Involuntary Examination of someone if there is a reason to believe that the person has a mental illness. Anyone may fill out this paperwork to submit to the court.What is a Marchman Act?
It is the Involuntary Assessment and Stabilization of someone if there is a reason to believe that the person has a substance abuse problem. You must be a relative or you must have 3 un-related parties to fill out this paperwork to submit to the court
Edna Lopez
Circuit Civil Manager
Edna has been with the Clerk’s office since 2013. She first began working as a Record Clerk in Family Relations before transferring to the Juvenile Department where she became the manager in January 2017. As the Juvenile Manager, she is responsible for managing the daily operations of the department and ensuring all state guidelines are being met. Edna has a bachelor’s degree in business administration and has taken courses towards her MBA. Edna is also an adjunct instructor at Indian River State College where she assists high school students in a college-readiness program called TRIO.
Contact Us
Circuit Civil
201 South Indian River Drive, 2nd Floor
Fort Pierce, FL 34950
Directions to this Location
Mailing Address
Clerk and Comptroller
Attn: Circuit Civil Department
P. O. Box 700
Fort Pierce, FL 34954
Hours of Operation
8 a.m. - 5 p.m., Monday - Friday
(Excluding Holidays)
Phone: 772-462-6900
Fax: 772-462-2843
