What Is Involuntary Commitment
An involuntary commitment is a legal intervention where a judge orders a person to be confined in a psychiatric hospital. The involuntary commitment process is set in motion by a serious mental disorder or troublesome mental health symptoms.
The purpose of involuntary commitment is two-fold:
A person with intense mental health symptoms may not see the dangers associated with their thoughts or actions because the illness is disrupting their judgment and perception. These people will not see a need for mental health services and likely refuse attempts to encourage treatment.
An involuntary commitment is a way for a person to force another individual into professional treatment so they can receive the care and attention they need. Without involuntary commitment, a person experiencing severe mental health symptoms could cause significant harm to self or others.
Although inpatient hospitalization is usually associated with commitments, most states have involuntary outpatient commitments as well. In an` outpatient commitment, a judge orders the individual to attend outpatient mental health treatment to address their symptoms.
Will The Section 35 Commitment Make The Individual Stop Using
Recovery is a process and withdrawal is a start. It is important to understand that addiction is defined as a chronic, relapsing brain disease that is characterized by compulsive drug seeking and use despite harmful consequences. For some individuals, a civil commitment to treatment begins their recovery. Others do not see a need or have a willingness to address their alcohol or other drug use disorders. As with all behavior changes, they cannot be simply ordered, so the programs will work to provide education on substance use disorders, relapse prevention, and aftercare resources. Hopefully this will motivate the individual to want to take the next step in recovery.
What Happens After The Involuntary Examination Period
The involuntary examination period cannot exceed 72 hours for adults and 12 hours for minors. Within that time, a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders must examine the individual. After completion of the examination, one of the following must happen:
- The person is released unless charged with a crime.
- The person is released for outpatient treatment.
- The person gives informed consent for voluntary placement in a treatment facility.
- Medical professionals file a petition with the circuit court for involuntary placement.
The receiving facility cannot file a petition with the court for involuntary placement unless they have documented clear evidence the person is mentally ill, is in danger of self-neglect, and poses a threat to themselves or others.
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Can You Convince An Addict To Go To Rehab
There is little doubt that the treatment gap, the difference between the need for treatment and its use, is massive. If everyone that needed substance abuse treatment received it, there would be a rehab crisis in this country. Sadly, this is not the reality. The best possible scenario is that loved ones are able to convince an addict to go to rehab, but this does not always work.
You may try a professional intervention, which often has positive results, but there is no guarantee that someone who is operating with an impaired brain will make the right and healthy choice. When loved ones feel at risk or are worried about the health, safety, and future of someone they care deeply about, it may be time to take drastic measures.
Involuntary commitment is available in most U.S. states, including Florida. The Sunshine State had over 10,000 requests to use their in both 2015 and 2016. If you are looking for a caring and compassionate rehab for your loved one, addiction treatment is available at The Recovery Village.
One of the common criticisms of involuntary commitment laws is that, even though they are a start, the length of stay they recommend is often insufficient. States vary on how long someone can be civilly committed, but the most effective addiction treatment program is tailored to the particular needs of each individual.
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Under What Circumstances Is A Person Subject To The Baker Act
The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria:
- They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability.
- They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
- Without treatment, they may suffer personal neglect or may cause harm to themselves or others.
Refer to the Statute or a summary of the Statute for additional details.
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How To Baker Act Someone In Florida
Parties that can enforce a Baker Act in Florida include the court and law enforcement, medical professionals, and mental health professionals. If youre concerned for the safety of a friend or family member and feel a Baker Act is necessary to evaluate their mental health you have a few options.
First, if a person is actively showing signs of severe mental illness, threatening to hurt themself or others, or appears detached from reality, calling the police will initiate the process of having that person Baker Acted immediately.
Alternatively, you could ask the court to have a persons mental health evaluated by filing a petition. In this case, you would need to provide a written statement that documents the details of the mental illness and the reasons for a Florida Baker Act. You can do this at the countys Clerk of Court office .
It is in the best interest of both parties if the person filing the petition takes the time to find the best mental health hospital and Baker Act-receiving facility to ensure that the transition into treatment is as smooth as possible.
The Court Orders The Evaluation
Once a person petitions the court providing information, the court issues an ex parte order. That means an involuntary evaluation is required. A judge must grant this order based on the information available. Then, a law enforcement officer takes the person into custody and transports them to a location for help.
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States With Involuntary Commitment Laws For Substance Abuse Disorder Only
One state has involuntary commitment for substance abuse disorders only. If someone is intoxicated or endangering themselves and others due to substance use, excluding alcohol use, concerned people could ask for involuntary substance abuse treatment. Currently, Vermont is the only state that permits this level of commitment.
How Long Does It Last
The involuntary commitment length of stay also varies by state. For example, in Pennsylvania, hospital staff cannot keep people admitted under an involuntary commitment for more than 120 hours. Lengths are predetermined by each state and set to a minimum to keep from infringing on the rights of the person being committed. Theyre also standardized, and hospital staff can propose extended stays based on the needs of the individual.
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What Is The Baker Act How Do You Baker Act Someone
The Baker Act allows for the temporary detention and examination of people showing evidence of mental illness and who are in danger of harming themselves or others. This includes danger from self-neglect as well as physical harm.
Although the official name is the Florida Mental Health Act of 1971, the statue is commonly called the Baker Act after one of the bills co-sponsors, former Florida state representative Maxine Baker.
The Baker Act was aimed at preserving the rights of those who are involuntarily committed. It replaced the states previous mental health law originating in 1874, frequently referred to as draconian.
The new statute set stringent criteria for invoking the Baker Act, as well as time limit on evaluations and for involuntary treatment requests based on those evaluations. Representation was now required for those who are Baker Acted, among other provisions.
The Baker Act is sometimes confused with the . Floridas Marchman Act also allows for involuntary evaluation and commitment, but it is for substance abuse treatment.
Although the Baker Act is just a Florida statute, people across the country use the term baker acting to mean the process of involuntary committing someone. There are laws in almost every state , however, that authorize some form of involuntary commitment.
How Long Does The Baker Act Last
When someone is Baker Acted, he or she cannot be involuntarily held for more than 72 hours. During that time, these individuals will receive a mental health examination from a licensed professional. Baker Acted minors under the age of 18 can only be held involuntarily held for 12 hours, and once that 12 hours has expired, they can then be examined. If the results of the examination prove that there is no further intervention needed, the individual can be released. If it is determined that treatment is necessary, the individual will be asked to voluntarily admit him/herself into treatment or be released with the recommendation to enroll in an outpatient treatment program.
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What Happens When You Baker Act Someone
Mental illness is one of the biggest topics of conversation in America today. More people than ever before are sharing their stories about living with mental illness in an effort to normalize what was once viewed as being taboo and shameful. This awareness does not change the amount of people who are grappling with the effects of mental illness, but it does empower people to help those in need.
In the state of Florida, the Baker Act was legalized in 1972 and named after then State Representative Maxine Baker, who sponsored the act. The Baker Act Florida is designed to be utilized as a worst-case scenario tool for the friends and family of loved ones who are not within their own means and abilities to care for themselves due to mental illness.
What Happens Once A Petition Is Filed With The Court
The court reviews the facts and decides whether to issue either a summons or a warrant of apprehension. If there are reasonable grounds to believe the person subject to the petition wont appear voluntarily for a hearing, and that further delay would present an immediate physical danger to the person, a judge may issue a warrant for that person.
If summonsed, the person subject to the petition will receive an order to appear in court before a judge. If a warrant is issued, police officers will attempt to locate the person, take the person into custody, and deliver the person to the court for a commitment hearing. The warrant is valid for up to five consecutive days, excluding Saturdays, Sundays, and legal holidays, or until the person appears in court, whichever occurs first.
Once the person is at the court, they have the right to be represented by an attorney. If the court finds that the person cannot afford a lawyer, the court will immediately appoint an attorney.
At the court hearing, the court shall order an examination by a qualified physician, psychologist, or social worker. The person has a right to refuse the examination. The persons attorney may present independent expert testimony or other testimony from family, friends, employers, and others concerned.
The court will hear the testimony and evidence from the exam and other evidence that relates to the case and then decide if the person meets the criteria for commitment.
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How Does The Baker Act Florida Work
If a person in position to initiate the Baker Act deems it appropriate for the person in question, then that person will be involuntarily institutionalized for no more than 72 hours. During that time, an examination will be performed to determine if the person is suffering from a debilitating mental illness. From there, the following occurs:
- If a person is determined to be unable to make knowing mental health decisions for themselves, the hospital will petition for treatment of the individual
- A mandatory exam will be performed by a clinical psychological or physician to determine how severe the patients mental illness is and what level of care is most appropriate for them
- If the mandatory exam was not performed by a clinical psychologist, a second one must be conducted to support/negate the physicians findings
If a patient meets all criteria to be Baker Acted, then they will be involuntarily placed into inpatient or outpatient programming for six months following their involuntary institutionalization. If a patient does not meet the criteria needed to be Baker Acted at any point in this process, they will be fully discharged.
How To Get Help For A Loved One In Crisis
Getting help for a loved one in crisis may be simple or quite complex depending on the situation and their symptoms. There is a high burden of proof needed to show someone needs involuntary treatment.
If someone is exceptionally suicidal or homicidal, the need is clear, but if someone is using large amounts of alcohol or other drugs, there must be compelling evidence to justify hospitalization. A person worried about a friend or loved one should always consider commitment.
In most cases, the process can begin with a call to 911 or a local mental health or crisis response team. From there, professionals will ask questions to determine the best course of action based on the law and the persons treatment needs.
Florida has passed legislation to increase access to involuntary treatment through The Baker Act and The Marchman Act.
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Should You Baker Act A Drug Addict
by Tyler | Last updated Sep 30, 2021 | Published on Sep 29, 2021 | Mental Health |
- Should You Baker Act a Drug Addict?
If you know someone addicted to drugs, you know first-hand just how frustrating and frightening it can be when its clear that their life is in jeopardy but feel like theres nothing you can do about it. Youve likely tried talking to them, giving them ultimatums, maybe even holding an intervention. What do you do when youve tried everything else?
The Baker Act, also known as the Florida Mental Health Act of 1971, is legislation that allows individuals who pose a danger to either themselves or others to be involuntarily institutionalized for psychiatric evaluation. This mental health intervention can be life-saving but things can get tricky when drug abuse is involved. From costs to the laws limitations, there are important things to consider when considering whether you should Baker Act a drug addict.
Difference Between Baker Act And Marchman Act
While both of these acts share some similarities, the ways in which they are executed and the problems they can solve are completely different. These acts are in place to allow behavioral health professionals, the courts, and law enforcement to intervene and help Florida residents if they are unable to appreciate their own need for treatment services or are a danger to themselves or others. Under Florida law, a person can be held for 72 hours and will undergo an involuntary assessment for mental health issues under a Baker Act, or substance use disorder under a Marchman Act. More specifically, the Baker Act is used to assess and treat people for mental health issues while the Marchman Act is used to assess and treat people with substance use disorder and co-occurring mental health disorders.
There is a set of criteria that must be met in order to admit those who are struggling with these issues. The following is a nonexclusive list of examples that could qualify a person to be admitted under one or both acts:
- The person is not willing to go through an examination, assessment, or treatment or cannot determine if they need treatment in the first place
- Presence of harm through neglect and refusal to take care of yourself
- The person can harm themselves or others
- A person using substances is substance use disorder impaired
- The person doesnt have the capacity to decide to seek treatment due to the nature of their substance use disorder
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What To Do When The Crisis Of Addiction Hits
Then there is the aspect of shame. Addiction is still, to a very real degree, marked with a stigma. This only adds to the dilemma. Should we tell anyone? We dont want to bring embarrassment on our family, or them. We dont want to ruin his or her chances of a normal life. These are the conversations that often go on in the family of an addict and the individual operating in active addiction tends to agree with keeping things under wraps. Minimizing the severity of the situation generally takes a front seat in the dynamics of the addicts family.
Is there a right way to handle this surreal time period that begins the moment you discover your loved one is operating in addiction until they seek help? The days, months, or years of struggle can be brutal. Every family member is affected in some way.
The first and most important thing you can do is accept the fact that you are in crisis.
A Law Enforcement Officer
A law enforcement officer has the authority take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility.
Generally, this starts with a phone call from a friend, family member, or bystander after witnessing behavior indicating the person may be mentally ill and is in danger.
Once again, the officer files a written report detailing the circumstances regarding the person being taken under custody. Ultimately, this report becomes part of the clinical record.
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