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, also known as Florida’s Substance Abuse Impairment Act, is a civil procedure that allows
for involuntary or voluntary assessment, stabilization, and treatment services of individuals (adults or juveniles)
who are struggling with substance abuse. This is a legal proceeding to secure court ordered substance abuse services
for someone struggling with substance abuse. For information on filing the Marchman Act, please refer to the
Stewart-Marchman-Act Behavioral Healthcare 24 hour Access Center. Written instructions for filing a petition under
the Marchman Act can be obtained at a local Law Library, or on the Clerk’s Forms Online page. For in person inquiries
visit the Civil/Probate Department located at the Volusia County Courthouse in DeLand or the Steven C. Henderson
Judicial Center in Daytona Beach. A verified petition must be filed in the county where the person is currently
located and personal service will be required by law enforcement. Marchman Act proceedings are non-public. They may
require multiple court hearings and attendance by both the petitioner and respondent during the assessment and any
court ordered treatment program. All court hearings will be held at the S. James Foxman Justice Center in Daytona Beach.
A petition for treatment services will be reviewed Ex-Parte (without notice or hearing) by a Judge who will determine
if there is an emergent need for a court ordered involuntary assessment and stabilization at SMA Behavioral Healthcare
treatment center before the initial hearing. A respondent will be appointed counsel to represent his/her interest in the
Marchman Act proceedings. There are no court fees or filing fees associated with the filing of a Marchman Act petition. Any
costs for evaluations, assessments, detoxification, and treatment services are all handled and collected by the service providers.
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
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