What is a Baker Act, Marchman Act or ex parte? Can anyone file?

  • A Baker Act is a means of providing an individual in need of mental health services with emergency mental health evaluation and treatment. 
  • A Marchman Act is a means of providing an individual in need of substance abuse services with emergency substance abuse evaluation and treatment.
  • Ex parte means to file without prior knowledge to the party being filed against.  Baker and Marchman Acts are examples of ex parte filings as these are filed and processed through the court system without the respondent's knowledge. 
  • Baker and Marchman Acts can be filed by the individual's spouse or guardian; any relative, a private practitioner, the director of a licensed service provider or the director's designee, or any three adults who have personal knowledge of the individual's mental health or substance abuse impairment . As the person filing, you are known as the "Petitioner''. The individual in need of mental health or substance abuse services is known as the “Respondent".  These cases should be filed in the county which the respondent is located. 

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