Comparing Baker Act And Marchman Act

The Baker Act and Marchman Act play a central role in facilitating emergency mental health care in Florida by providing a route to initiating an involuntary intervention when a vulnerable person is in crisis. However, they cater to two distinct sets of circumstances, and although in certain ways their processes are similar, their fundamental purposes differ.

While the Baker Act is used to initiate involuntary examination and treatment when a person is having a mental health emergency, the Marchman Act is used to intervene when a person has developed a substance use disorder and is refusing treatment. Having a broad understanding of these two important pieces of legislation is crucial if someone you love is struggling with addiction or mental illness and may need crisis intervention in the future.

Understanding Florida’s Mental Health Legal Framework

In the early 1970s, Florida legislators began to recognize that addiction and mental illness were important public health concerns that required a legislative framework to manage. This led to the passage of the Baker Act, followed shortly thereafter by the Marchman Act. Both laws aim to ensure that vulnerable people in crisis are offered the treatment and care they need to begin healing, whether through voluntary or involuntary pathways.

In a nutshell, the Baker Act and Marchman Act help to facilitate a person’s entry into treatment in circumstances where they lack the capacity to access that treatment themselves. However, since they deal with two different sources of incapacity severe mental illness and substance abuse the criteria and procedures for the respective interventions they facilitate differ in important ways.

Key Elements Of A Baker Act Intervention

Although the Baker Act can be used to facilitate a person’s voluntary entry into a psychiatric facility (referred to as a receiving facility in the Act), it is most frequently used to initiate involuntary interventions when a person is having a mental health emergency. A brief overview of the core provisions regulating such interventions will help to clarify the Baker Act’s unique role:

• Purpose: To facilitate the involuntary psychiatric examination and stabilization of a person experiencing a mental health emergency through a process commonly referred to as a Baker Act hold.
• Intervention initiated by: A Baker Act hold can be initiated by a court following a successful petition for involuntary examination brought by a concerned party, by a law enforcement officer, or by a medical professional.
• Criteria: A person can only be subject to a Baker Act hold if there is good reason to believe that they are experiencing severe mental illness, and because of this illness they are unable to decide whether they need treatment, or have refused treatment; and, if they do not receive treatment, there is a real risk they will either suffer harmful neglect, will self-harm, or will attempt to harm others.
• Duration of hold: A person may be held for involuntary examination at a receiving facility for no more than 72 hours, after which point they must be released, unless a Petition for Placement is filed, or the patient gives informed consent and agrees to remain on a voluntary admission bases. In this period, they must be examined by an appropriately qualified medical professional such as a psychiatrist, physician or clinical psychologist. If the facility representatives believe that the person requires an extended period of detention, they must bring a petition for involuntary placement. The family of the person being held may defend this petition and argue that their loved one would be better served by family care, medication, and outpatient services such as group therapy.
• Typical application: Baker Act holds should only be used in emergency situations, such as when a person is having a psychotic episode or when they are threatening to self-harm. Ideally, a Baker Act hold should not result in extended detention the person should be released into outpatient care as soon as possible.

One dilemma commonly faced by families of those with mental illness is whether the Baker Act is the correct process to use if their loved one also has substance use issues. In this scenario, the Marchman Act usually takes precedence, although an experienced mental health law attorney will be able to help you determine which Act to use.

Key Elements Of A Marchman Act Intervention

Although substance use disorders are classed as a type of mental illness, because of their unique physical and psychological dimensions, they require a different treatment protocol from other kinds of mental illnesses.

• Purpose: To facilitate the involuntary examination and treatment of a person struggling with an advanced substance use disorder.
• Intervention initiated by: Marchman Act interventions are usually facilitated by concerned family members or friends who file a ‘petition for involuntary treatment services with the court. However, they can also be initiated by law enforcement or medical professionals.
• Criteria: A petition for involuntary treatment services will only be granted if it can be shown that the person is experiencing mental impairment as a result of substance abuse, and that because of this impairment, they have lost the power of self-control with respect to their substance use; are unable to make a rational decision about whether they require treatment; and/or are likely to inflict serious harm on themselves or others.
• Duration of hold: Once the initial petition has been granted, the person may be held at a receiving facility for a maximum of 72 hours while they are being assessed for a substance use disorder. The facility must then file a report with the court, and a hearing will take place to determine whether the person requires long-term treatment for a substance use disorder. The court may order the person remain in treatment for a period of up to 90 days.
• Typical application: Marchman Act proceedings are most commonly used by families trying to help loved ones who are using opioids or other hard drugs, or who are struggling with alcoholism.

Marchman Act interventions are commonly initiated in tandem with emergency guardianship applications, which allow a loved one to be appointed to manage a person’s affairs and make decisions about their medical treatment while they are in a rehabilitation facility.

When To Call A Baker Act Attorney

Just this brief introduction to the Baker Act and Marchman Act makes clear how complex their respective legal and administrative processes are. Attempting to navigate Florida’s mental health laws as a no specialist can be incredibly challenging, especially if you are simultaneously trying to support a loved one in crisis. Contacting a reputable Baker Act attorney will take a significant load off your shoulders if you find yourself in this scenario. Many Baker Act attorneys have direct experience with Marchman Act procedures too, or will have colleagues with expertise in this area, so regardless of the nature of your loved one’s mental health emergency, they will be able to guide you through your next steps.

There are two scenarios in which it is vital that you contact a Baker Act attorney as soon as possible. The first is when your loved one is threatening to harm themselves or others (for example, they are experiencing suicidal ideation). In these circumstances, it is crucial that you contact an attorney without delay. The second is when you learn that a loved one has been subject to a Baker Act hold, in circumstances where, in your view, your loved one does not meet the Act’s criteria for involuntary examination. If this occurs, you should immediately contact a Baker Act attorney to help you secure your loved one’s immediate release. Long-term confinement in a facility without legal justification is a gross violation of your loved one’s procedural rights and may cause them significant trauma and distress.

Why Comprehensive Legal Support Is Crucial When A Loved One Is In Crisis

Whatever the nature of your loved one’s incapacity, speaking to a respected mental health lawyer should always be your first port of call. An experienced attorney will have helped many families in similar circumstances, and will be able to offer a wealth of legal and practical insight that will be indispensable to you as you decide what kind of intervention will be most beneficial for your loved one. They will be a vital source of legal, administrative and emotional support as you navigate your next steps, giving you the peace of mind that you are making the right decisions for your family.

Whether you’re challenging a loved one’s wrongful Baker Act hold or need to get a loved one into rehab through a Marchman Act process, having a compassionate, reliable attorney in your corner will make a world of difference.