BAKER ACT vs. MARCHMAN ACT – WEST PALM BEACH

A family member or loved one in Florida who is battling with drug misuse or significant mental health concerns has many alternatives. The Baker Act aids individuals suffering from mental illness, whereas the Marchman Act aids those suffering from substance addiction disorders (SUDs).

Both of these Acts follow identical procedures, but their implementation and the concerns they address are very different.

Several lawyers in West Palm Beach are familiar with the distinctions between the Marchman and Baker Acts. Searching for a “Marchman Act Attorney near me” on Google might be beneficial.

The Marchman and Baker Acts were, however, made public by the 15th Circuit Court in West Palm Beach, Florida. The Acts are summarised in the following list.

The Marchman Act:

• The Marchman Act only requires a person to be evaluated for drug misuse; it does not require an examination for mental health disorders. The Marchman Act cannot be used to interfere with or replace the Respondent’s mental health treatment if he or she is in a mental health institution.
• The Marchman Act does not ensure that a patient will be placed in a treatment bed. The Court is unable to secure a bed for the Respondent and must send him to a treatment bed immediately after the hearing.
• Facilities covered under the Marchman Act are not “lockdown” facilities. The institution cannot prevent someone who has been ordered to treatment from leaving. If a person quits treatment before it is completed, they will be brought before the Court for a contempt hearing.
• The Marchman Act does not cover the cost of a person’s evaluation or treatment. Most providers provide financial help depending on your income; check with the provider ahead of time to see what is necessary.
• The Marchman Act prevents a person from being transferred to the Sheriff’s Drug Farm, Eagle Academy, or any other penal institution for drug addiction treatment.
• The Marchman Act does not take precedence over or interfere with any other judicial matters that a person may be involved in. The Marchman Act cannot interfere with a criminal prosecution or enable a Respondent to escape a probation violation if he or she is charged with a crime or is on probation.
• If the Respondent is incarcerated, the Marchman Act will not take priority over their criminal charge and will not be utilized to send them to treatment.
• The Marchman Act cannot be utilized to track down missing people or children who have run away. The Marchman Act cannot be used only to force a kid to attend school, adhere to a curfew, or follow their parents.

The Baker Act:

• The legal conditions under Florida Statutes Chapter 394 have been satisfied, according to the Order for Involuntary Examination; nonetheless, it is up to the mental health professionals to evaluate if medical grounds exist to keep the individual for longer than 72 hours or release them sooner.
• A person may not be held for more than 72 hours at an institution. One (1) of the following must happen at the end of this time: 

• The person must be released unless charged with a crime; OR 
• The person must be released; for sometimes outpatient treatment; OR 
• The person must be requested to submit express and written consent to voluntary placement; OR 
• The facility administrator must file a petition for involuntary placement with the circuit court. The individual will be kept at the Facility until the involuntary placement hearing can take place if this option is chosen.

• Without the documented consent of a psychiatrist or certified psychologist, the receiving facility may not discharge a person.
• The Facility may not be able to share the examined person’s diagnosis, treatment, or condition with you unless the examined person approves the release of information to you under Federal Law.
• The Baker Act cannot prohibit someone from being kept in prison if they have been charged with a crime, depending on the charge. If a person has been charged with a severe offense, the county jail’s mental health section may be able to help them.
• If a person is found not to be a danger to themselves or others after the involuntary evaluation, the treatment institution must release them.

“These Acts make it feasible to recover stability in your loved one’s life while fostering a more hopeful future,” said one “Marchman Act attorney near me” in West Palm Beach.