Navigating a loved one’s mental health crisis or struggles with addiction can be both emotionally distressing and legally complex.
Over the past several decades, Florida’s legislature has progressively enacted a series of laws designed to ensure that those struggling with mental illness and substance use disorders receive the treatment and support they need to recover. This legal framework is complex, and it can be difficult to grasp which laws apply in particular circumstances. However, it is essential to have a basic understanding of Florida’s mental health legal framework, particularly if you or a loved one experience mental health challenges or struggle with substance use.
In this article, a leading Jacksonville Baker Act attorney discusses two key Florida mental health laws – the Baker Act and the Marchman Act – to unpack the role each plays in providing access to treatment and care, the differences between them, and the importance of obtaining reliable legal advice before seeking to use their intervention processes.
What Is The Baker Act?
The Baker Act is a state law that facilitates protection and treatment for people who are experiencing a mental health crisis, and who are in need of immediate services. Its core provision allows a person displaying certain behaviors indicative of a mental health emergency to be taken into custody and delivered to a receiving facility – for an involuntary psychiatric examination. This process is commonly referred to as a “Baker Act hold”. The Act also contains provisions to facilitate a person’s longer-term treatment in a receiving facility.
Special provisions regulate the use of the Baker Act in cases where the mentally ill person is a minor. If your child has been subject to a Baker Act hold, it is imperative that you speak to a Baker Act attorney as soon as possible to understand what your rights are as their legal guardian in this situation.
What Is The Marchman Act?
The Marchman Act was passed in 1993, roughly two decades after the introduction of the Baker Act. The legislation provides a legal mechanism for ensuring people struggling with drug and alcohol abuse get the treatment and support they need to enter recovery. The Act allows a person who has a suspected substance use disorder to be compelled to enter a treatment facility for an involuntary assessment, and, depending on the outcome of that assessment, treatment for a substance use disorder. Since it is not uncommon for those struggling with severe mental illness to have substance use issues, many Jacksonville Baker Act attorneys also regularly provide families with legal guidance relating to the Marchman Act.
Summary Of Differences Between The Baker Act And Marchman Act
The best way to gain an understanding of the unique purpose and processes of both the Marchman Act and Baker Act is to compare key aspects of the legislation side-by-side:
This is only a summary of the key differences between these two pieces of legislation, and both Acts have many other provisions that may be relevant to your family’s circumstances. It is always important to consult a Marchman Act or Baker Act attorney for legal advice that is tailored to your loved one’s circumstances, and this is especially so if they are a minor, as special provisions will apply.
Treating Co-Occurring Substance Use Disorder And Mental Illness
One question that Baker Act attorneys are frequently asked by clients is whether it is more correct to use the Baker Act or the Marchman Act in circumstances where a loved one has a substance use disorder with co-occurring mental illness. In this scenario, the Marchman Act is the most appropriate intervention mechanism to use. The relationship between mental illness and substance use is well-documented, and it is crucial that both be treated simultaneously. All reputable addiction treatment facilities have excellent psychological and psychiatric support services.
When Should You Consult A Baker Act Attorney?
If you are considering initiating a Baker Act hold, it is crucial that you first speak to an experienced Baker Act attorney. In many cases, there may be alternative interventions that are more appropriate for your loved one’s circumstances, and a reputable attorney will be able to advise you of your options.
You should also immediately contact a Baker Act attorney if your loved one has been Baker Acted by law enforcement or hospital staff, so that an attorney can ensure their rights are protected and that they are released into the care of family as soon as possible. Sadly, it is not unusual for law enforcement to carry out a wrongful Baker Act after misunderstanding a person’s behavior, or for unscrupulous facilities to attempt to hold a patient for longer than is necessary in order to charge exorbitant medical bills. In these circumstances, you’ll want an experienced, strategic, and compassionate Baker Act attorney in your corner.
Reputable Jacksonville Baker Act Attorneys Are Here To Assist Your Family
Navigating a loved one’s mental health crisis or struggles with addiction can be both emotionally distressing and legally complex. Having exceptional legal support during this challenging period will give you peace of mind that whatever course of action you decide to follow, your loved one’s best interests will always be protected.
Reputable Jacksonville Baker Act attorneys possess the experience and knowledge required to support families navigating the complex process of challenging wrongful Baker Act holds. These legal professionals are recognized for their responsiveness, thorough client service, and in-depth understanding of Florida mental health law. Families in need of guidance can rely on their expertise to explore appropriate legal options and protect the rights of their loved ones.
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