If the results of the examination prove that there is no further intervention needed, the individual can be released. There are currently 37 out of the 50 states in America that have involuntary commitment laws put in place. The specifics of these laws vary from state to state, however, are all designed to help those who cannot help themselves. The states that have involuntary commitment laws for substance use disorder and alcoholism are:. The states that have involuntary commitment laws for alcoholism only are:.
Vermont is the one singular state in America that has involuntary commitment laws for substance use disorder only. Immediately after being Baker Acted or having the Marchman Act invoked, an individual will be involuntarily held for examination.
If a person has the Marchman Act invoked on him or her, he or she will be court-ordered to complete a determined number of days in treatment. If someone is Baker Acted, they will only be involuntarily held for up to 72 hours and then they are free to either follow the recommendations provided to them or go back to living their lives.
If it is determined that your loved one will need inpatient drug treatment, then you will have to find a facility that will be best for him or her. Since you are already connected to the courts, the county, and potentially mental health specialists, you can easily request referrals for inpatient drug treatment programs from them. You can also search online for inpatient drug treatment in the area.
When you are searching for treatment, it is important that you consider the following:. You want to consider other specific needs your loved one may have prior to choosing an inpatient program so that you can be sure that he or she gets the appropriate care. All too often, addicts are recycled through drug rehab treatment facilities across the country, where they are given the basics of recovery, but little else.
Sent back out into the world, they lack the foundation in sobriety necessary to sustain long For the vast majority of people who are addicted to alcohol, the first big decision they must make is to become willing to seek treatment for their addiction. The second decision is of vital importance as well—choosing the right alcohol rehab to se Oftentimes, drug addicts are completely unaware of the devastation they are causing in the lives of those around them, especially within their own families.
Family members themselves will yell, scream, withdraw, cajole, rant, criticize, understand, n How to Have Someone Committed for Drug Abuse Anyone with a loved one who is addicted to drugs would jump at the opportunity to have him or her committed in order to help stop the downward spiral into oblivion, but that is not typically an option for most.
The right petitioner Not just anyone can go and petition for a person to be involuntarily committed for drug use. The Florida Department of Children states that in order for the Marchman Act to be invoked, an individual must meet the following criteria: Has lost the power of self-control with respect to substance use AND: Has inflicted, or threatened or attempted to inflict, or unless is admitted to inflicting, physical harm on himself or herself or another OR: Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto.
A person may also choose to a voluntary Baker Act, but they must be willing and able to consent to treatment. In general, behaviors that can be considered indications of a mental emergency include the following:. Parties that can enforce a Baker Act in Florida include the court and law enforcement, medical professionals, and mental health professionals.
First, if a person is actively showing signs of severe mental illness, threatening to hurt themself or others, or appears detached from reality, calling the police will initiate the process of having that person Baker Acted immediately. In this case, you would need to provide a written statement that documents the details of the mental illness and the reasons for a Florida Baker Act.
Lucie area you would contact the Martin County Clerk of Court. It is in the best interest of both parties if the person filing the petition takes the time to find the best mental health hospital and Baker Act-receiving facility to ensure that the transition into treatment is as smooth as possible. The Marchman Act and Baker Act are similar but apply to different circumstances.
Simply put, the difference between the Marchman Act and Baker Act is that the Marchman Act concerns a person who is incapacitated due to substance abuse rather than mental illness. When initiating the Marchman Act, the same conditions must be met the person is unable to care for themselves or is a threat to themself or others, is detached from reality, etc.
When a person presents with both a mental illness and a substance use disorder, they are said to have co-occurring disorders or comorbidity. Co-occurring disorders are common , with one condition often leading to the other. The Port St. Lucie Hospital is one of the dual diagnosis residential treatment centers in Florida that offers inpatient mental health and addiction treatment at the same time. As a Baker Act-receiving facility, we also offer crisis care for those suffering from acute psychiatric distress.
The facility also offers medical detox services , which means that the multidisciplinary staff can treat a patient from crisis care admission to detox, to mental health and addiction treatment completion. In addition to these services, the Port St. Lucie hospital also offers adult and senior mental health programs , and a partial hospitalization program. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.
Many of those who have an addiction also have another mental health issue, which may or may not be caused by the substances themselves. Physicians, psychiatric nurses, psychologists, law enforcement and others can assist you with the Baker or Marchman Act. Could the baker act help? My 11 yr old daughter was baker acted yesterday from school. The police took her straight to the hospital. I was not notified until after they did what they had to do!
I find the law in Florida to be crazy! My cousin is 19 and has been homeless living in his car for over a year.
He is recovering from addiction and cannot hold a consistent job. Every time i talk to him, he makes some progress and the throws it all away. I am considering having him Baker Acted. Any advice or information would be amazing. Thank you. My son was in a residential treatment facility. He had been doing very well for 16 months on a Clozapine regimen- 10 months at this residential home. For six days my son asked for his Clozapine, as did we, his parents.
Once baker acted on the 6th day, he was escorted to a psychiatric hospital where he received forced injections of haldol which he can not tolerate , versed and Ativan. This hospital decided not to keep him due to medical concerns. Labs off and he fell and hit his head. In ambulance ride to next hospital, he was forcibly given more haldol, verses and Ativan injections.
At the ER of the medical hospital, his father and I were waiting for him. He was not combative or violent. He was refusing a CT scan, so they forcibly injected him with Geodon and Ativan. I informed the hospital that he cannot tolerate Geodon or haldol, yet they still gave it to him. He was admitted to medical because he was so physically ill due to abrupt forced cessation of his Clozapine.
This is unethical to say the least. Next day in medical: forced injection of haldol and Ativan. This is documented. There they forcibly injected him with zyprexa, benztropine, restoril and more- I have documentation. They left him in isolation to suffer seizures and from their overdose. He suffered hours until my husband and I came to visit.
When I found out that the agonizing groans I was hearing were my son, I insisted I see him. They put him in the TV room. This is what we saw:. Upon entering the room we see: my son seated, completely rigid, beet red skin, every muscle tightly flexed, back arched, head thrown back, profusely sweating, eyes rolling back in his head, white foam pouring out of his mouth.
Every time he struggled to breathe, I heard gurgling sounds. He struggled so hard to get air. I held his hand and said I was there. He desperately tried to talk as white foam and agonizing groans came out of his mouth- every muscle tensed- struggling. This is when I noticed his jaw was clenched tightly shut. He could not talk. Med tech with towel constantly wiping up white foam pouring out of his mouth.
Then, as I looked at him, his right eye began to spontaneously bleed in two places, filling his eye with blood. I asked what was going on.
I was told to leave. I refused to leave and insisted he get medical help because he could not even breathe. Finally, they ended up rushing him to ICU only because I insisted they help him. They put him on a bi-pap machine to push out fluids and heavily sedated him with precedex and Ativan IV drips. He was near death. The psych floor was just letting him suffer for at least hours- waiting for him to just die.
I stopped that from happening they were angry. Note: my uncle died from an overdose of OxyContin and he was found dead, with white foam pouring out of his mouth. What would have happened had we not gone to visit him and insisted we see him then insisted he get medical help? He would be dead right now. He had little time to rest from this near death experience before he was thrown into psych, the family was cut off from him because the doctor restricted visitation and phone calls.
They appointed a stranger as his medical proxy. They beat him, drugged him some more now adding Thorazine to the mix , and put him in restraints.
There is so much more to this awful situation. How is this helpful for him? It was all unnecessary since he was stable on Clozapine. The beatings and drugging. My son is finally home from the residential treatment facility.
He did not receive the medical help he needed there. After discharge from the hospital he was vomiting every day, nauseous, had no peripheral vision, confused, severe fatigue, insatiable thirst and more. From u tntil he could come home How was any of that to his benefit? The second time he was in psych, the psychiatrist wrote awful things about him, claiming he is violent. He has never been violent his entire life, even when psychotic.
A NAMI advocate helped me get him out of that torture chamber. Now I have a very sick and very traumatized young man. He has gone hundreds of steps backwards and trusts no one. I would have died had that been done to me. How could any of us have that much mind-altering medication injected into our bodies and come out alive or unscathed? How was this beneficial to my son? I have lost trust in the mental health system of FL myself.
My son has received much abuse. How can I get help for my son now? I feel for your family going through that ordeal. Is that legal? My son was Baker Act by the police department.
They held him for three days even though he did not want to stay in the hospital. He does not have that kind of money. My son turn 30 this year. He lie to us all the time we notice he is a bulimia. I know he drink he lie about that. Im an adult and got baker acted when i was trying to move out of my parents house. My parents threatened to have me baker acted because i wasnt taking my medication, when they themselves prevented me from having it.
When i got outside they actually tackled me down and prevented me from leaving but i managed to get away and go to a house down the block asking if they could called the police.
I told them what happened and they still baker acted me. I feel for you and the horrible experience you had. I take care of my 97 yr old aunt she is very aggressive and wants to control everything yells all the time and insults everyone.
He lives alone and has been out of control With audio and visual hallucinations. He has Tore up his house and is unable to care for himself I am afraid to go to help him as he has made threats against me. He is on SSI for his mental illness. What can I do? I have sent the police to check on him and they have done nothing. Please help. My father is exhibiting symptoms of advanced dimentia. He misplaces things like his wallet and then accuses family member of stealing it from him.
If I have him committed and declared mentally incompetent he is going to go bat shit crazy and who knows what he might do then.
There are some midway options as well. Would recommend looking up partial hospitalization program php as well as intensive outpatient programs iop. To my knowledge iop is 3days a week, php 5 days a week, both for 4hours a day doing group therapy. Both will also have the patient seeing a psychiatrist weekly. Can a patient be held forever in a mental facility? How can that be true. Look up the Stanford Prison Experiments. Me personally, I felt more suicidal inside the mental ward than ever before.
The next dirty little secret, have to avoid any mention or notion of suicide ideation. There seems to be a severe lack of distinguishment between active suicidal planning and attempts vs passive ideation.
A lot of people think it will help and I hope it does for them, for me, I feel worse off than before- bit of irony eh? The only person who will release your husband is his psychiatrist. Granted, all interactions your husband has with staff and other patients will be a factor. If you can visit him, I would recommend it.
The same for calling. My friend on the outside was a literal life line of support for me. His face changes completely, DR. I have stopped talking to him completely because no mater how nicely I ask him to shower he starts screaming an argument he had 50 years ago with somebody I never knew!! He tried to start an electrical fire in the kitchen two days ago. I have stop talking about this hateful, mean, l dilusional 70 year old with the temper of a 5 year old.
Can I call the police to have him removed and get him psychological help? I think it would be beneficial for my grand daughter to be examined. I have sole custody She is 12, suffers with depression, has cut herself, smoke weed all the time.
She sees a counselor. Please help! I was held for over 10 days at Lakeside aka Aspire in Orlando. I had been Baker Acted. I am diagnosed schizoaffective. While there I was put in isolation and restraints until I wet my pants after I complained about the food. I wore no wrist ID band. I was bruised and manhandled by a male tech. I woke up with a female patient in bed with me at 3 a. There are no water sprinkler systems installed overhead even on the 4th floor Mercy Drive, Orlando, FL There was a young female patient who was severely autistic.
She could neither feed or shower herself. She was there for 7 days. In bone was served with lots of sauce , and a 6" napkin. This young girl wore the same food-drenched scrub top for 3 days. I have tried all channels I can think of to report these health, safety and abuse violations against Aspire Lakeside Hospital.
They have gotten me no where. The reports are ignored, the abuse and neglect continues. No one in Orlando cares about the mentally ill and homeless unless you have the money to do something to change and improve the situation. My 65 year old brother has been exhibiting signs of dementia for at least 5 years. He cannot pay bills anymore, has trouble with the tv remote, cell phone. He gets lost driving and drives a Toyota Highlander and 2 motorcycles.
In a short 10 minute conversation he repeats himself constantly.?? He does not remember what you say to him 5 minutes later. In addition he drinks alcohol heavily, gets drunk, falls, is incontinent and sometimes violent. He knows he has a problem but will not see a doctor.
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