Difference Between Baker Act And Marchman Act

What Is The Difference Between Baker Act And Marchman Act

Ive recently been getting many calls from people asking if we could assist with a baker act and when we get into the nitty-gritty. Theyre trying to get somebody into treatment, which when I usually tell them that a Marchman Act or guardianship is more appropriate. So, I thought in this video that I would compare the Baker Act to a Marchman Act or guardianship. Ive got some inanimate objects that I believe will help you understand how this all works.

Ive talked about the Baker Act in many other videos. The baker act is just like this pen its very narrow, its a tiny application. Its up to a 72-hour hold for emergency stabilization only. It is not a treatment statute, and Ive put out a lot of videos about the good, the bad, and the ugly side of the Baker Act.

This mug represents the Marchman Act. As you can see, its a little wider and has a little broader application than uh the Baker Act. The Marchman Act is Florida statute 397, while the Baker Act is 394. The Marchman Act is intended as an involuntary commitment statute for substance use and mental illness. As a general rule, its not designed for emergency stabilization. It can be used that way, but it is designed to get somebody into treatment. Its a treatment statute, unlike the Baker Act. So the Marchman Act allows for a period of treatment for up to up to 90 days, which can get repeated. That is an involuntary commitment treatment statute for people with substance use.

What Is The Difference Between The Baker Act And Marchman Act

The Baker Act is a Florida law that allows individuals who are experiencing crippling mental illness to be involuntarily committed for examination and treatment. The Marchman Act is also a Florida law but is invoked for individuals who are deeply impaired by a substance use disorder.

Each act lasts for different periods of time. For example, when someone is Baker Acted, he or she can only be involuntarily held for 72 hours for an examination. After that, any and all recommended treatment is voluntary and not required by court order. The Marchman Act, however, does require individuals to remain in an involuntary hold for up to five days for examinations and detox. Following that, a judge can order the individual to remain in treatment for up to 60 days, with the potential to follow up that order with another 90 days if deemed necessary.

Because both acts focus on different concerns, the criteria that need to be met in order to invoke either one varies from one another. An example of this would be that a person who needs to be Baker Acted must be in danger of suffering significant personal harm if not intervened on while someone receiving the Marchman Act must have threatened to inflict harm on him/herself or others due to his or her substance abuse.

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Take our free, 5-minute substance abuse self-assessment below if you think you or someone you love might be struggling with substance abuse. The evaluation consists of 11 yes or no questions that are intended to be used as an informational tool to assess the severity and probability of a substance use disorder. The test is free, confidential, and no personal information is needed to receive the result.

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Can You Refuse Baker Act

A patient can technically refuse medication, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility.

What Happens When You Baker Act Someone

When a loved one sees a problem occurring and wants to help that individual get help, the first step should always be to ask them to enter into treatment on a voluntary basis. It is the safest option available.

When that does not happen, it may be necessary to go through the steps listed here in order to ensure they receive the level and type of care they need.

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How To Baker Act Someone In Florida

• Once a petition is filed, the court will review it and determine if the individual meets the Florida Baker Act criteria.
• If the court orders an emergency mental health evaluation, the person will be taken to a mental health facility for 72 hours .
• Two different mental health professionals will examine the patient and decide if the patient is at risk for violence or self-harm.
• If both mental health professionals recommend treatment, the patient has an opportunity to voluntarily comply.
• If the individual will not agree to the recommendations of the doctors, ex parte Baker Act treatment can be ordered.
• Treatment may be inpatient or outpatient, and may involve involuntary commitment that will continue until the patient no longer presents a danger.

How Do I File A Baker Act Petition

This petition can be filed by a person who has firsthand knowledge of the situation. A petition may be filed through the Mental Health Department of the Hillsborough County Clerk of the Circuit Court, Edgecomb Courthouse, 800 East Twiggs Street, Room 205, Tampa, FL 33602.

Offices hours are Monday through Friday, 8AM to 5PM.

There is no cost to file the petition. The cost for treatment is the responsibility of the person needing care.

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Behaviors That Indicate A Baker Act Is Necessary

The only time you should consider using the Florida Baker Act is when your loved one is experiencing a mental health emergency.

Mental health emergencies can present an array of varying symptoms. In other words, suicidal or homicidal thoughts and behaviors are not the only mental health emergencies that require involuntary hospitalization.

The behaviors that indicate an involuntary commitment is necessary may include:

• Hallucinations hearing or seeing things that are not there, especially when the hallucinations are causing self-harm or violence towards others.
• Being unable to care for oneself neglecting to take care of personal needs including sleeping, eating, self-hygiene, taking medications, or cleaning the home in a manner that causes harm to themselves or others.
• Suicidal ideation experiencing frequent thoughts or expressions of suicide, especially when the individual has access to weapons or has a history of self-harm and suicide attempts.
• Symptoms of psychosis loss of contact with reality that includes symptoms of hallucinations, delusions, paranoia, agitation, and speaking incoherently.

Severe cases of substance use disorders could also indicate a mental health emergency, however, this is more appropriate for the Marchman Act of Florida. In some cases of substance abuse, mental health professionals or law enforcement officers will suggest a Baker Act if a mental health condition is co-occurring.

They Dont Understand That An Exam Is Necessary

A secondary component of this process is that the person must have refused a voluntary examination when it was offered to them. If that is not the case, their mental illness is making it impossible for them to understand why and how an exam like this is necessary. At the same time, the person must be suffering from neglect or may cause harm to themselves or other people if they do not receive this care.

In these situations, the Baker Act may apply. The law encourages a person to receive voluntary mental health, but when that is not utilized, it is possible for family members, law enforcement, health professionals, or others to petition the circuit court for involuntary examinations. If that occurs, the following steps happen.

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Understanding The Florida Baker Act

The Florida Baker Act allows you to submit a petition to have your loved one involuntarily committed to mental health treatment when they are suffering from severe mental illness.

Doctors, mental health professionals, judges, and law enforcement can commit your loved one to a mental health center for up to 72 hours if they display harmful behaviors towards themselves or others.

During this 72-hour hold, they will undergo a psychiatric assessment to determine any further action that needs to be taken. If your loved one is found to be a danger to themselves or others by two different mental health professionals, they will be either voluntarily or involuntarily admitted to a long-term mental health treatment facility. If they are not found to be currently dangerous, they will be released after the 72 hours is over.

Fundamentals Of The Marchman Act

Darran Duchene, MSW, MPS, Director, Treatment Services

Patrick Lane, BS, Clinical Consultant Department Children and Families Substance Abuse Program Office

Development, within available resources, of a full continuum of substance abuse prevention, intervention, and treatment services. The system will emphasize access to the least restrictive environment of optimum care, appropriate to the individual in need.

Protection and respect for the rights of clients, especially for involuntary admissions.

Services shall be purchased through community-based private not-for-profit providers working with local governmental programs and involving a wide range of agencies from both the public and private sectors.

Assistance for substance abuse impaired persons, primarily through health and other rehabilitative services. Services will be designed to relieve the police, courts, correctional institutions, and other criminal justice agencies of the additional burden of care that interferes with their ability to protect people, apprehend offenders, and maintain safe and orderly communities.

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Working With A Professional Florida Attorney For Filing Marchman & Baker Act Cases

A licensed attorney with Robinson & Casey Law who has experience in filing these kinds of cases could be a powerful tool for your situation. They can help to prepare the legal documents, and guide you and your family throughout the legal process, including evidentiary hearings, which ensures that your loved ones are protected and treated with the highest quality of care. Our team will connect you with the treatment professionals that can help you and your loved one find the most direct path of recovery. For more information on our firm and our processes, you can contact us today to learn more!

What Is The Marchman Act

The Marchman Act, also known as the Hal S. Marchman Alcohol and Other Drug Services Act, is a law that was passed in 1993 in the State of Florida.1 The Marchman Act was passed as a way to help people healthily and safely cope with their substance abuse issues when they may not be in the best state of mind to make sound decisions. While it actively encourages people with substance use issues to get treatment voluntarily, one of the main provisions of the Marchman Act is that it provides a way to have a person with a substance use disorder involuntarily committed to a treatment facility for evaluation, stabilization, and treatment under very specific circumstances.1,2

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Baker Act & Marchman Act Conference

• Register/Take course

Florida citizens who might harm themselves or others may be held involuntarily for assessment up to 72 hours. The statute for mental illness is called the Baker Act, for substance abuse, the Marchman Act. There are very specific criteria for committing someone under the Baker Act or Marchman Act. Join us as Martha R. Lenderman, MSW clearly explains how to identify patients legally eligible to implement these statutes and the requirements under the Florida Mental Health Act for appropriate admission and discharge in compliance with the law.

Locations

Suggestions From A Receiving Facility

• If you anticipate a patient will be coming to the Vines Hospital, please call ahead to alert the admissions staff. They will review clinical information and get approval for the admission.
• Within a few minutes, you will be notified if it is appropriate to transfer the patient to the Vines Hospital or another facility. Remember, involuntary patients MUST go to the nearest receiving facility. Staff will be happy to help you get the patient to the appropriate place for help.
• Be prepared. The original BA52 form MUST accompany the patient. Before calling law enforcement to transport, call the Vines Hospital for an approval to admit and then FAX us the patients face sheet and BA52.

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Differences Between The Baker Act And Marchman Act

While the Baker Act and Marchman Act can both be used to involuntarily commit individuals to treatment while they are in the midst of a mental health crisis, there are significant differences between the two acts and how each should be used.

To explain the contrast between the Baker Act and Marchman Act, we will explore, in depth, how each of these acts can be used to protect someone who is struggling with a serious mental health issue from substantial harm. The following criteria should help give you an idea of which act may be more effective when it comes to getting your loved one into the appropriate form of treatment.

Involuntary Commitment For Substance Abuse By State

Almost all states have similar involuntary commitment standards to Baker Act and Marchman Act an individual. These can include both inpatient and outpatient care. Since these laws vary on a state level, the criteria for filing can vary as well.

• California 5150
• Ohio, Indiana, Kentucky Caseys Law
• New Jersey Assisted Outpatient Treatment
• New York Kendras Law

Involuntary care is a tough situation for everyone involved. No one wants to be held against their will, but being proactive versus reactive in these situations can potentially save a life. It is important that an individual who needs treatment gets the help they deserve. When all else fails, a push in the right direction can be a turning point towards recovery.

If you have questions about whether or not an involuntary commitment for a loved one is the right option, feel free to contact us anytime at .

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What Is The Difference Between The Marchman Act And The Baker Act

While the Baker Act can be used when an addiction has reached the point of endangering a persons life, when it comes to substance abuse intervention help, the Marchman Act is more commonly used in Florida. If you are considering the Marchman Act vs. the Baker Act, keep these factors in mind:

• Both the Marchman Act and the Baker Act allow a person to be held for 72 hours for involuntary examination.
• If the reason the individual is unable to recognize their need for treatment is due to a mental health disorder, the Baker Act is appropriate.
• If the reason the individual cannot or will not agree to enter treatment is due to a substance use disorder, the Marchman Act is used.
• The two laws may overlap, because addiction is classified as a mental health disorder, so in some cases either path might be appropriate.
• Involuntary commitment is limited to 90 days, with one renewal of 90 days under the Marchman Act.
• Involuntary commitment under the Baker Act will continue until the patient has improved to the point that they can safely care for themselves, a guardian is appointed to make decisions for them, or they agree to voluntary treatment.

What You Need To Know About The Marchman Act And The Baker Act

Aiden Sofia 0

In todays society, people are struggling with severe mental health problems and addictions. And some family members do not know where to find help when one of them gets trapped in the web of addiction. But if you get informed about the for drug treatment, youll know how to help your loved one.

First, you must understand that addiction makes the victim believe they are doing great and dont need any help. This makes them resist treatment. But thanks to the marchman act and the baker act, things can take a turnaround. These acts are meant to keep addicts and their family members safe. Thats because addiction poses a threat both to the victim and those around them. But with these two acts, anyone who is into drugs can get help and lead a sober life.

Lets discuss the difference between Marchman Act and Baker Act

Differentiating the Marchman Act with the Baker Act

The Marchman Act and the Baker Act are but the same thing. However, they are applied in different situations. Both acts allow forced treatment for Florida citizens whose addiction may have pushed them to become a threat to others and themselves. According to these acts, a person can be put into custody for about 72 hours for forced substance abuse or mental health assessment. Essentially, the Marchman Act mainly deals with substance abuse victims while Baker Act concentrates on mental health issues.

But there is a criterion to be followed according to both acts. Its as follows

Baker Act

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How Do I File A Marchman Act Petition

There are 2 steps involved in filing of a Marchman Act case.

The first step is to file a Petition for Involuntary Assessment and Stabilization. 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. The specific requirements to filing this petition are: these petitions are for individuals who are not willing to voluntarily get an assessment or treatment, if recommended, for alcohol or drug abuse. If the respondent is an adult, a petition for involuntary services may be filed by the respondents spouse or legal guardian, any relative, a licensed service provider, or an adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of assessment and treatment . If the respondent is a minor, a petition for involuntary treatment may be filed by a parent, legal guardian, or licensed service provider. A judge will review the petition and either deny, grant or set it for a hearing.

After being contacted by ACTS, the petiioner is required to return to the courthouse to obtain a copy of the assessment and make a determination on whether to file a petition for involuntary Treatment.