Sometimes, the impact of severe mental illness or substance abuse can render a person unable to consent to treatment or even realize they need help. In Pinellas and Hillsborough counties and throughout the state of Florida, individuals who meet certain criteria can be sent to court-ordered rehab centers and psychiatric facilities.
At Tampa Bay Recovery Center, we offer customized outpatient rehab services in safe, respectful, and highly supportive environment.
Learn more about addiction rehab in Tampa Bay, FL, or verify your insurance today.
What Laws Govern Court-Ordered Rehab in Pinellas & Hillsborough Counties?
Court-ordered rehab and mental health treatment in Pinellas and Hillsborough counties are governed by two state laws, the Marchman Act and the Baker Act.
What Is the Marchman Act?
The Marchman Act created the legal processes through which a person can be involuntarily admitted into an approved substance abuse treatment program.
The official full name of this legislation is the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. The rules that it established were incorporated into Title XXIX, Chapter 397 of the Florida Statutes.
What Is the Baker Act?
The Baker Act allows people to be involuntarily held for a mental health assessment and possible treatment at an authorized psychiatric facility. The act, which was named in honor of state Rep. Maxine Baker, is formally known as the Florida Mental Health Act of 1971.
The provisions in the Baker Act can be found in Title XXIX, Chapter 394 of the Florida Statutes.
Who Can Get Sent to Court-Ordered Rehab?
The criteria for begin involuntarily admitted to a drug rehab program or mental health facility in Florida are similar but not identical.
To be sent to court-ordered treatment for substance use under the Marchman Act, a person must meet the first criteria listed below and at least one of the other two:
- There is a good faith reason to believe that they have lost the power of self-control with respect to substance abuse.
- They need treatment, but are so impaired by their drug use that they are not able to make rational decisions about their health.
- They are likely to suffer from neglect or refuse to care for themselves if they don’t get treatment .
The Baker Act also has three criteria. To be involuntary held for a mental health evaluation and treatment a person must meet the first criteria below and either the second or third one:
- There is reason to believe that they have a mental illness, and because of that mental illness they either refuse to get treatment or are unable to understand that they need help.
- If they don’t get help, they are likely to either suffer from neglect or be unable to care for themselves.
- Based on their recent behavior, it is likely that they will pose a serious threat to themselves or others if they don’t get help.
Both the Marchman Act and the Baker Act apply to individuals of all ages.
The processes established by these laws are more likely to be used with adults, as parents already have the authority to have their minor children admitted against their will. However, in certain circumstances Marchman or Baker petitions may be needed to force a young person into treatment.
Who Can Start the Involuntary Admissions Process?
The Marchman Act, which covers court-ordered drug rehab, has two sets of standards for who can start the involuntary admissions process.
If the individual with the substance use problem is an adult, a Marchman Act petition may be filed by:
- Their spouse or guardian
- Any other relatives
- A treatment provider
- Any three adults who have personal knowledge of the substance use impairment and treatment history
If the person is under age 18, the Marchman Act allows petitions for involuntary treatment to be filed by:
- One of their parents
- Their legal guardian
- A treatment provider
The Baker Act allows family members, health care providers, law enforcement officers, and other professionals to petition for a person’s involuntary admission.
Examples of professionals who can start this process include physicians, physician assistants (PAs), psychiatric nurses, marriage and family therapists (MFTs), and licensed clinical social workers (LCSWs).
How Long Does Court-Ordered Rehab Last in Pinellas or Hillsborough Counties?
The Marchman Act allows courts to order a person to attend an addiction treatment program for up to 60 days.
However, that doesn’t mean everyone who attends court-ordered rehab in Florida will remain in the program for this amount of time:
- If the treatment provider determines that the individual no longer meets the Marchman Act criteria, they may discharge them before the 60 days have elapsed.
- If, on the other hand, the provider’s assessment indicates that the patient needs additional care, they can petition to have them held for another 60 days.
When a person is involuntarily admitted for a mental health evaluation under the Baker Act, the initial hold cannot exceed 72 hours.
Within those 72 hours, three things can happen:
- The patient is discharged because their assessment indicates that they don’t meet the criteria for being held.
- The patient agrees to voluntarily enter treatment, which ends their involuntary stay.
- The evaluation reveals the patient needs further care, which requires the provider to petition the court for extended involuntary treatment.
What Rights Do Court-Ordered Rehab Patients Have?
Involuntary admission to treatment through either the Marchman Act or the Baker Act does not fully void a patient’s rights.
According to the Florida Department of Children and Families (DCF), the rights of court-ordered rehab and mental health patients include:
- Individual dignity while being admitted, transported, and treated
- Freedom from discrimination
- Quality care administered humanely and respectfully
- Free and private communication within certain limits
- Possession of clothing and other personal effects, unless denied for medical or safety reasons
- Education for school-aged patients
- Confidentiality of records, including their identity, diagnosis, and prognosis
- Representation by counsel, including a court-appointed lawyer if the patient cannot afford their own legal representation
- Ability to petition for a writ of habeas corpus to challenge the cause and legality of their continued involuntary retention
Find Treatment for Addiction in Pinellas County
You don’t have to wait until a person reaches a crisis point before seeking addiction or mental health treatment in Pinellas or Hillsborough counties.
Tampa Bay Recovery Centers offers personalized outpatient programming for adults whose lives have been disrupted by addictions to alcohol and other drugs. We also offer dual diagnosis services for clients with anxiety, depression, and other co-occurring mental illnesses.
Treatment options at our outpatient rehab in Pinellas County include a partial hospitalization program (PHP), an intensive outpatient program (IOP), and virtual treatment.
To learn more call 813-733-8774 or verify your insurance now.
