In Florida, there are two important laws, the Marchman Act and the Baker Act, that are designed to help people who are struggling in dangerous ways, whether it’s due to substance abuse or mental health crises.
These laws are not meant to punish anyone but to provide them with the intervention they desperately need to avoid harm to themselves or others. Understanding these laws can help people make informed decisions when someone they care about is in crisis and can also clarify how these legal tools are used in different situations.
The Marchman Act and the Baker Act often get mixed up because they both involve helping individuals when they are out of control, but there are actually a few contrasts between the Baker Act and the Marchman Act.
The Baker Act is concerned with mental health, while the Marchman Act focuses on substance abuse. In this article, we’ll be taking a closer look at both of these laws, what they do, and how they are different from one another.
The Marchman Act
The Marchman Act is a law in Florida that helps people with substance abuse problems, meaning addiction to drugs or alcohol. This law lets a family member, friend, or even a police officer ask the court to force someone to go to treatment for their addiction, even if they don’t want to. It’s used when someone’s addiction is so bad that it’s putting their own life or the lives of others in danger.
This law is for people who are unable or unwilling to get help for themselves. If someone is stuck in addiction and can’t make safe decisions, the Marchman Act lets their loved ones step in and ask a judge to get them help.
If the judge agrees, then the person can be taken to a treatment facility for care. The goal is not to punish them, but to make sure they get the treatment they need.
Who Can Use the Marchman Act?
For the law to apply, there are several criteria that must be met:
- The person must be unable to make safe decisions due to their substance abuse.
- They must be at risk of harming themselves or others as a direct result of their addiction.
- The person must either refuse to seek help voluntarily or be unable to recognize the need for help.
Once the petition is filed, the court will evaluate the case and determine whether to issue an order for the person to receive involuntary treatment.
The Baker Act
The Baker Act, on the other hand, is also a Florida law, and it is used when someone is going through a mental health crisis and is in danger of hurting themselves or others. Suppose someone is suicidal, acting violently, or showing signs of serious mental illness. In that case, the Baker Act can be used to have them taken to a mental health facility for an evaluation.
Even if the person doesn’t want to go, the Baker Act allows authorities to take them to a hospital or mental health facility where they can be checked out.
Who Can Use the Baker Act?
The Baker Act can be used by law enforcement officers, mental health professionals, or doctors if they believe someone is in immediate danger due to a mental health crisis. However, the law is designed to intervene only in emergencies; this means the person must be in imminent danger of harming themselves or others due to a mental health disorder.
When the Baker Act is initiated, the individual is transported to a mental health facility where they will undergo a thorough evaluation. The goal is to determine if they’re a danger to themselves or others and if they need immediate psychiatric treatment.
If the person is assessed as needing care, they can be kept in the facility for up to 72 hours for evaluation and initial treatment.
The person may be given medications or placed in a safe environment while medical professionals work to stabilize them.
After the evaluation, a determination is made about whether the person needs further treatment, such as long-term hospitalization or outpatient care. If they are deemed to be stable, they may be released or allowed to leave under specific conditions.
Source: Robinson & Casey, Florida
