How Does The Marchman Act Work
The Marchman Act has specific criteria that limits the ways it can be used in certain circumstances. For example, a law enforcement officer may choose to use the Marchman Act if a person is obviously under the influence of substances in a public place and their behavior has attracted the law enforcement officers attention. Typically, a persons guardian, spouse, or other relative can petition the court to have a person involuntarily committed for substance use if it is determined that the person is likely to harm himself or herself, or they cannot understand that their substance use is harmful to them.
Use of the Marchman Act in Florida is also allowed when 3 adults who know of a persons substance use petition a judge for an involuntary commitment for treatment. However, even if a person uses substances a great deal, and refuses to go to treatment, this is not enough to invoke a Marchman Act. The judge must be convinced that the person lacks the ability to make rational decisions regarding substance use and the need for treatment and is at risk of harm to themselves or others.1,2
How To Have Someone Committed For Drug Abuse
Anyone with a loved one who is addicted to drugs would jump at the opportunity to have him or her committed in order to help stop the downward spiral into oblivion, but that is not typically an option for most. There are some instances, however, where people can be involuntarily committed for their drug abuse.
The evidence that you would need to provide in order to have your loved one committed for drug abuse is going to vary based on the state that you are in. There is not one common involuntary commitment law that spans across the country, rather each state has its own set of required data. In general, however, if you want to have a loved one involuntarily committed for drug abuse, the following is needed:
How Do You Do It All
Advocates arent opposed to all the proposed reforms. The legislation would give more due-process rights to minors whose families want to voluntarily commit them, including access to a public defender.
It also would change law enforcement officers responsibilities. The current law says they shall take into custody anyone who meets Baker Act criteria. The new bill would change that word to may.
Officers told the Times in 2019 that the shall wording made them feel they had to take into custody any child who met the criteria. The Times found Tampa Bay area officers regularly did so without consulting mental health professionals. The change would put their responsibilities more in line with those of healthcare workers.
But she found a lot to like in the bills. The updated rights for minors in voluntary commitments are probably 20 years overdue. She also supports a provision that would change the maximum length of an involuntary commitment from three months to six, while requiring facilities to release people when they no longer pose a risk to themselves or others.
She likes the idea of requiring facilities to connect people to outside resources, she said, but shes not sure anything would change in practice without the state funding more mental health resources.
She thinks the legislation would ultimately do enough good that it ought to pass, she said. But she finds herself hung up on, if not totally put off by, the expanded criteria.
Read Also: Gp & J Baker H& m
What Happens After The Baker Act Has Expired
Within 72 hours, the person must be released, either for outpatient treatment or on their own recognizance, unless:
- They are charged with a crime, OR
- They give express and informed consent to voluntarily be held or admitted.A physician must certify that the individual is able to make well-reasoned, willful and knowing decisions about their mental health and medical conditions, OR
- The facility administrator files a petition for involuntary placement with the circuit court
Note that in the latter example, the initial three-day holding period may be longer if a weekend or a holiday falls within that period. In that case, the petition must be filed on the next business day.
If the facility administrator has filed a petition for involuntary placement, a hearing will be held within five business days. The only exception is if the subject of the Baker Act requests and is granted a continuance from the court.
The individual has a right to representation. Unless a private attorney is hired, a public defender will be appointed to represent them. An independent expert examination can be provided by the court on behalf of the person.
The state attorney represents the state. However, one of the facility professionals who filed the petition must be present as a witness.
The court first hears testimony as to whether the individual is competent to elect voluntary treatment. If they are not, a guardian advocate is appointed.
What Can We Learn From Florida
The Florida Mental Health Act, also known as the Florida Baker Act, was passed so that mental health programs could be created to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. The Baker Act is most known for its involuntary evaluation and confinement provisions.
Also Check: Dr Baker Miami Plastic Surgery
Criteria For Having Someone Committed
The reasons for involuntary commitment have shifted over the last 50 years. Previously, a judge could commit someone based a need for treatment, which resulted in many people being held for years or decades in institutions. Now, the standard is based on a persons level of dangerousness. Generally, the criteria for having someone committed involves:
- The person having a mental health disorder, including substance use disorders
- The person poses a serious risk to themselves
- The person poses a serious risk to others
- The person is too disabled to adequately care for their daily needs
Most states adopted these guidelines, with a few exceptions. For example, Delaware only focuses on a persons inability to make responsible choices, and Iowa only needs evidence that shows the person could cause an emotional injury to another individual.
These criteria aim to commit people who need mental health services but cannot make the choice to receive treatment independently. Some people appropriate for involuntary commitment include:
- Someone with severe depression and suicidal thoughts, intent or plans
- A person violently aggressive due to a manic episode or psychosis
- An older person with dementia who is not caring for their needs
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 .
Read Also: Baker Law Firm Danbury Ct
How Long Does The Marchman Act Last
When the Marchman Act is first invoked, the individual struggling with addiction can only be held up to five full days for an initial assessment. This serves as the first stage of the Marchman Act and at this time, the treatment center will work to determine how severe the individuals addiction is and begins the detox process for him or her.
Following the initial assessment, a court can order the individual to remain in treatment for up to 60 days. The individual may stay for less time than that, especially if his or her substance use disorder is less severe. However, this treatment order can be extended by the court as long as the request is filed no more than 10 days before the initial order expires. A hearing will be held to determine how much longer the individual remains under the Marchman Act. If more time is deemed necessary, a judge can extend the act for no more than 90 additional days.
An Analysis Of Involuntary Psychiatric Treatment Laws
Grading the States: An Analysis of U.S. Psychiatric Treatment Laws examines the laws that provide for involuntary treatment for psychiatric illness in each state. To do so, we asked a crucial question: Does the state law allow an individual in need of involuntary evaluation or treatment to receive timely care, for sufficient duration, in a manner that enables and promotes long-term stabilization?
Summary
The United States is effectively running 50 different experiments, with no two states taking the same approach. As a result, whether or not an individual receives timely, appropriate treatment for an acute psychiatric crisis or chronic psychiatric disease is almost entirely dependent on what state he or she is in when the crisis arises.In addition to providing a detailed assessment of each states treatment laws in comparison with those of the rest of the country, the report also identifies specific statutory changes states can make to greatly improve access to care for this population.
Key Findings
Recommended Reading: Fact O Bake Lafayette La
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.
Can Mental Hospitals Keep You Against Your Will
The short answer is yes, but only under specific circumstances. Some psychiatric disorders result in severe behavioral changes that necessitate rapid and dramatic action, including restricting a persons freedom. Such action may be necessary in order to protect the person either from self-harm or from harming others.
Recommended Reading: Porto’s Bake At Home Coupon
Dual Diagnosis Treatment In Port St Lucie Florida
The Port St. Lucie Hospital is one of the dual diagnosis residential treatment centers in Florida that offers inpatient mental health and addiction treatment at the same time. As a Baker Act-receiving facility, we also offer crisis care for those suffering from acute psychiatric distress. The facility also offers medical detox services, which means that the multidisciplinary staff can treat a patient from crisis care admission to detox, to mental health and addiction treatment completion.
In addition to these services, the Port St. Lucie hospital also offers adult and senior mental health programs, and a partial hospitalization program. Each of these programs can be tailored to individual patient needs.
We welcome you to our facility. From Baker Acts to dual diagnosis, support groups, and individual therapy treatment options, we are here to fight the battle with you. Reach out to us online today, or call us at .
The Baker Act And Marchman Act
Not only is addiction terrifying for the individual, it also affects loved ones. Alcoholism, drug addiction and families dont mix. Addicts and alcoholics often cannot see the need for treatment or refuse to participate in their recovery. Fortunately, there are other options for getting a family member or a friend the help they desperately need, including an involuntary commitment with the Baker Act and the Marchman Act.
While the first steps of getting loved ones into treatment are usually coaxing or interventions held by family and friends, sometimes the offers and ultimatums are ultimately rejected. In these cases, these special legal actions to force an individual into substance abuse or mental health treatment may be the only option.
Read Also: Baked Potato Toaster Oven Convection
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.
What Does The Baker Action Not Cover
The Baker Act cannot be used in all circumstances. In essence, any case that falls outside of the three criteria is beyond the purview of this specific law. For example, developmental disabilities are not considered a mental illness as a result, someone cannot be Baker Acted for having one and refusing treatment.
Intoxication and substance abuse impairment alone are also not covered under the Baker Act. Instead, those who are a threat to themselves or others because of their addiction are subject to Floridas Marchman Act. The Marchman act applies the same concept as the Baker Act where families can petition the court to force their loved one into addiction treatment.
While the Baker Act is unique to Florida, most other states have their own laws surrounding court-ordered treatment. One example is Caseys Law in Kentucky and Ohio.
Also Check: Baked Ranch Chicken Recipe Hidden Valley
No One Wants To Involuntarily Commit Their Loved One To Mental Health Treatment But It Can Be Comforting To Know Options Exist During Dangerous Situations
Seeing a loved one struggle with the damaging influence of substance use and other mental health disorders can be frustrating and confusing. Often, people hope to encourage a positive change, but they feel helpless.
Though the situation is complex, there are options one may employ to connect their friend or family member to the type of help they need. In some cases, pursuing an involuntary mental health commitment or an involuntary civil commitment could be the decision that changes a loved ones life forever.
How Does The Process Work
The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual is not open to voluntary treatment for a severe mental health crisis, family members, health professionals, law enforcement or others can ask the circuit court for an involuntary mental health examination.
Ordered by Court
A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. If a judge grants the order, a law enforcement officer enforces the ruling by taking the person into custody and transporting them to the nearest receiving facility.
Court Hearing
The court must conduct the involuntary placement hearing within five days. A court-appointed public defender represents the person unless they have other legal representation. The defendant has the right to an independent expert examination provided by the court.
The court considers testimony and evidence regarding whether the person is competent to consent to treatment. If found not competent, the court appoints a guardian advocate.
If the court finds the person meets the criteria for involuntary placement, they issue an order remanding the individual to an inpatient mental health facility for up to six months. The court has the option to extend this period.
Ordered by Health Professional
Examination
If the physician determines the persons medical condition has stabilized or is not an emergency, one of the following must occur:
Read Also: Hurst Fielder Baker Funeral Home
Who Can Initiate The Process
In most cases, anyone can begin the commitment process by calling 911 or alerting authorities to the situation. It is important to remember that the policies and procedures vary at the state or county level. For example, in Pennsylvania, a doctor or police officer may initiate commitment without prior authorization. All other individuals must involve a mental health delegate to complete the commitment.
When a friend, family member or other concerned person encourages a commitment, they are called a petitioner. The petitioner works with family, crisis professionals, law enforcement, doctors and judges to ensure the process is completed.
How Does The Baker Act Work In Florida
The Baker Act is Floridas mental health statute that employs emergency treatment for individuals who are impaired due to one or more mental illnesses. For nearly 50 years, Floridians who fit under the criteria of the Baker Act have been Baker Acted. And while this is certainly not something that anyone wants to have to invoke on a loved one, it has and continues to save lives.
The Baker Act can be invoked only by law enforcement, physicians, mental health professionals, or judges. If you have a loved one who you believe needs to be Baker Acted, you cannot invoke that act on your own. Instead, you have to either involve law enforcement when your loved one is experiencing a mental break, contact his or her doctor or therapist to request the Baker Act, or request an ex parte order in a courtroom which allows the court to hear and rule on the case in the absence of your loved one.
The Florida Department of Children states that in order for someone to be Baker Acted, he or she must meet the following criteria:
People cannot be Baker Acted if they have mental retardation, a developmental disability, are intoxicated, or are experiencing conditions manifesting from antisocial behavior or substance abuse impairment.
Also Check: Baker Heating And Cooling Dayton Ohio