Baker and Marchman Acts Legislation Updated
Florida has two laws: the Baker Act for mental health and the Marchman Act for substance abuse. These laws allow for both voluntary and involuntary evaluation and treatment. The state Department of Children and Families oversees these programs. On July 1, 2024, HB7021 takes effect in Florida updating the Baker and Marchman Acts. It makes big adjustments to the Marchman Act in particular, affecting the legal process for getting substance abuse treatment.
According to the legislative analysis the changes are such:
The bill amends the Baker Act in that it:
- Combines processes for courts to order individuals to involuntary outpatient services and involuntary inpatient placement in the Baker Act, to streamline the process for obtaining involuntary services, and providing more flexibility for courts to meet individuals treatment needs.
- Grants law enforcement officers discretion on initiating involuntary examinations.
- Revises the voluntariness provision under the Baker Act to allow a minor’s voluntary admission after a clinical review, rather than a hearing, has been conducted.
- Requires the 72-hour examination period to begin when a patient arrives at the facility.
- Extends the maximum period a person may be ordered to involuntary outpatient services from 90 days to 6 months.
- Authorizes remote appearances for the state attorney and witnesses for hearing proceedings.
The bill amends the Marchman Act in that it:
- Repeals existing provisions for court-ordered involuntary assessments and stabilization in the Marchman Act, and creates a new consolidated involuntary treatment process.
- Prohibits courts from ordering an individual with a developmental disability who lacks a co-occurring mental illness to a state mental health treatment facility for involuntary inpatient placement.
- Authorizes a witness to appear remotely upon a showing of good cause and with consent by all parties.
- Allows an individual to be admitted as a civil patient in a state mental health treatment facility without a transfer evaluation and prohibits a court, in a hearing for placement in a treatment facility, from considering substantive information in the transfer evaluation unless the evaluator testifies at the hearing.
The bill amends both acts in that it:
- Creates a more comprehensive and personalized discharge planning process.
- Requires the Louis de la Parte Florida Mental Health Institute to prepare and publish certain reports on its website.
- Removes the 30-bed cap for crisis stabilization units.
The bill appropriates $50,000,000 in recurring funds to DCF to implement its provisions.
We all need to be aware of these changes to the Baker and Marchman Acts as it grants more authority to law enforcement officers and makes changes that could greatly impacts peoples’ lives for better or worse.