Orlando Baker Act Attorney Unpacks Florida Mental Health Law

Florida is one of several states that has developed a comprehensive legal framework for supporting those with mental health and substance use issues. While this framework is an invaluable tool in the hands of families of those struggling with mental illness, it can be challenging to navigate. Knowing whether to use the Marchman Act or the Baker Act – the two core statutes that make up Florida’s mental health laws – can be particularly tricky when your loved one has a substance use disorder with co-occurring mental illness. In this article, our experienced Orlando Baker Act attorney breaks down the different purposes of the Marchman Act and Baker Act, their distinct criteria and processes, and the kinds of treatment they facilitate.

A Basic Overview Of Florida’s Mental Health Laws

Since the 1970s, the Florida legislature has gradually adopted a more progressive approach to mental illness and substance abuse, recognizing these phenomena as important public health concerns that require state support to address. This shift in approach led to the adoption of the Baker Act in 1971 and the Marchman Act in 1973.

The Baker Act

The Baker Act’s key provision allows a person who is experiencing a mental health emergency to be taken to a psychiatric facility – referred to as a receiving facility in the Act – for involuntary examination and stabilization. The Act’s involuntary examination provisions are only intended to be used in crisis situations, for example, when a person is in a psychosis or is threatening to self-harm. Although the Act contains provisions to facilitate a person’s longer-term detention in a receiving facility, ideally, it should not be used for this purpose.

The involuntary examination process, which is colloquially referred to as a ‘Baker Act hold’, can be a life-saving intervention when used properly. However, the Act is often misapplied and can result in the prolonged confinement of a person who can be better served through outpatient treatment and family support. If your loved one has been subject to a Baker Act hold, it is crucial you contact an Orlando Baker Act attorney immediately for advice.

The Marchman Act

Many people confuse the Baker Act with the Marchman Act, which is understandable because it addresses a different kind of mental illness – substance use disorder. The Marchman Act allows families of those with substance use issues, such as alcoholism, drug abuse, and prescription painkiller addiction, to petition the court to order that they be taken to a receiving facility and assessed for substance use disorder. If the facility concludes that the person assessed requires professional treatment for their substance use, the court will conduct a treatment services hearing and thereafter order that the person be enrolled in a treatment program at the facility for a maximum of 90 days.

If your loved one is struggling with both substance use and mental illness, it is recommended that you consult with an experienced Orlando Baker Act attorney to determine the most appropriate course of action for them.

Key Differences Between The Baker Act And Marchman Act

For families who have little experience with Florida’s mental health laws, trying to understand the differences between the Marchman Act and Baker Act can be overwhelming. The table below briefly summarizes the key differences between the two Acts to give you a better idea of each Act’s specialized purpose and procedures:

	Baker Act	Marchman Act
Purpose	A legal mechanism to compel a person experiencing a mental health emergency to undergo an involuntary psychiatric examination, and, when applicable, to be held for longer-term detention.	A legal mechanism to compel a person with substance use issues to undergo an involuntary assessment for substance use disorder, and when applicable, to enter longer-term treatment
Initiated by	A Baker Act hold may be initiated by:Law enforcementA medical professional (such as a physician or psychiatrist)A court, following a petition for involuntary examination brought by a family member or other concerned individual	A Marchman Act intervention may be initiated by:Law enforcementA medical professional (such as a physician or psychiatrist)A court, following a petition for involuntary treatment services (usually filed by a family member represented by a Marchman Act attorney) In the case of a minor, their parents or legal guardian
Criteria for hold	The person is experiencing significant mental impairment, and as a result:They cannot cope with the demands of daily life, or are unable to perceive reality; andThey lack the capacity to determine for themselves whether they require a psychiatric examination, or have outright refused an examination; andWithout immediate intervention, they are likely to suffer harmful neglect, or they present a serious risk of harm to themselves or others	The person is experiencing mental impairment as a result of their substance use, and as a result:They can no longer exercise self-control over their substance use; andThey are unable to recognize that they require treatment, or do not have the capacity to make a rational decision in this regard; orThey have attempted to, or are at real risk of, inflicting harm on themselves or others
Place of hold	A receiving facility	An addiction treatment facility
Duration of involuntary hold	A person may be held for a maximum of 72 hours while they are being examined, and they must be released as soon as possible after the examination is complete, unless the facility’s representatives have successfully petitioned for their continued treatment. In this case, they may be held for up to 180 days and cannot leave the facility. If your loved one has been Baker Acted in Orlando, you should immediately contact a Baker Act attorney for advice.	A person may be held for a maximum of 72 hours while they are being examined. During this time, the hearing of the petition for involuntary treatment services will take place. If the court determines that the criteria for involuntary treatment have been met, it will conduct a treatment services hearing and may order the person to remain in treatment, usually for a period of 90 days. The person cannot be stopped from leaving the treatment facility during this time, but if they do so, they may be in contempt of court.

It is important to remember that both Acts contain many other provisions that may affect the way your loved one’s case is handled. For example, if they are a minor, different timelines and provisions may be applicable. An experienced Orlando Baker Act attorney will be able to explain how these laws will apply in your loved one’s unique circumstances.

When Should You Contact A Baker Act Attorney?

Having a basic understanding of the Baker Act and Marchman Act may give you a sense of which piece of legislation may be most relevant to your loved one. Thankfully, most Baker Act attorneys in Orlando also have experience with Marchman Act proceedings, or have colleagues with such experience, so if you aren’t sure which legal process to use, they will be able to provide you with guidance either way.

There is one scenario in which it is imperative that you contact a Baker Act attorney rather than a Marchman Act attorney, and this is when your loved one has been subject to an involuntary Baker Act hold. It is not uncommon for the Baker Act to be wrongfully applied to a person whose behavior has been taken out of context, and in this scenario, you will need a skillful and strategic attorney by your side to ensure that your loved one’s procedural rights are protected.

Even if your loved one does require emergency stabilization for a mental health emergency, it is still important that you hire an attorney to ensure they are released into the care of family as soon as possible. If you do not intervene swiftly, there is a chance that your loved one may be confined for up to 90 days.

Help Your Loved One With Legal Guidance From Reputable Orlando Baker Act Attorneys

Helping a loved one through mental illness or addiction can be emotionally all-consuming, and the thought of trying to navigate Florida’s mental health laws in these circumstances may be overwhelming. Thankfully, you don’t need to walk this difficult journey alone. The team at Baker Act Attorneys has helped countless Orlando families to protect and support loved ones in crisis through their exceptional legal support. We have years of experience using Florida’s complex mental health laws to help families get their loved ones the treatment they need, and we are renowned for our compassionate client service, strategic acumen, and legal skill.