What is the difference between marchman act and baker act

Staff Contact Information: mentalhealth circuit8. The Marchman Act Petition for Involuntary Assessment may be filed when there is a good faith reason to believe an individual is substance abuse impaired, with or without a co-occuring mental health disorder, and because of the impairment, has lost the power of self-control with respect to substance. When there is reason to believe that a person is substance abuse impaired with or without a co-occuring mental disorder and:.

You must provide the court with sworn written testimony before a notary that meets the criteria set forth by Florida law. The person must be in the county where the petition is filed and cannot be in jail. By completing the petition, you are asking the court to enter an order requiring the person to be involuntarily transported and assessed at a designated mental health facility.

The court will review the petition. If the criteria stated above have been met, an Order for Involuntary Assessment and Stabilization will be issued by the Court without a hearing, and the Sheriff may be ordered to transport the person immediately to the nearest designated licensed service provider.

The service provider must assess the person within 72 hours. The assessment and stabilization period may not exceed 5 days. If the petition does not meet the criteria for an ex parte involuntary examination, the Court may dismiss the ex parte petition or set a hearing on the petition. If set for a hearing, the person will be served with a copy of the ex parte petition and receive notice of the hearing. The petitioner will also receive notice of the hearing and must attend the hearing in order to provide testimony in support of the petition.

If the assessment by a service provider states that the person will need to be involuntarily placed for treatment, the facility may petition the court.. Alternatively, the Petitioner may file a Petition for Involuntary Servicesfor the patient.

The Baker Act law empowers physicians, psychiatric nurses, psychologists, clinical social workers, mental health counselors, and marriage and family therapists to initiate an involuntary Baker or Marchman act placement. These professionals must decide if the person meets the legal criteria based on their examination of the person within the last 48 hours. Under the Marchman Act , only licensed physicians or law enforcement officers can initiate an emergency, non-court-ordered admission.

A public defender is also appointed to represent the person. Once the court decides that the individual meets the statutory criteria, an involuntary treatment may be ordered for up to 60 days.

Here at Drug and Alcohol Attorneys, we are here to assist you in learning more about the Marchman Act. Contact us today for more information. Drug and Alcohol Attorneys is a practice dedicated to providing those with mental health and substance abuse disorders with exemplary legal representation and guidance to the appropriate services for a successful future. You, as the petitioner, will be mailed information regarding the hearing, while your loved one will be served papers by law enforcement.

During the hearing, the court will evaluate the need for involuntary assessment as well as professional addiction treatment to determine their resolution.

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. 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. 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.

While the Baker Act is designed to involuntarily commit individuals who are impaired due to mental illness, the Marchman Act works to do the same for those impaired by substance use disorders. That is the primary difference between these two acts, however, there are several more.

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. There are currently 37 out of the 50 states in America that have involuntary commitment laws put in place. The specifics of these laws vary from state to state, however, are all designed to help those who cannot help themselves. The states that have involuntary commitment laws for substance use disorder and alcoholism are:.