Facing Repeated Baker Act Holds? Get Clear Guidance From a Marchman Act Attorney

If an adult with addiction keeps getting Baker Acted in Florida, the next legal step may be a Marchman Act petition. The Baker Act handles mental health emergencies. The Marchman Act handles substance use impairment and can lead to a court order for assessment and treatment. This page explains how that works, what the petition must show, and how families can prepare. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

What repeated Baker Act holds mean when addiction is the cause

Repeated Baker Act holds often mean a crisis gets handled while the cause stays in place. The pattern usually looks the same. A crisis leads to an emergency hold. The person is released. Substance use continues, and another crisis follows.

The Baker Act is built around mental illness. It allows an examination when there is reason to believe a person has a mental illness and, because of it, the person refuses voluntary examination after a conscientious explanation and disclosure of the examination’s purpose, or cannot decide whether one is needed, and, for example, without care or treatment the person is likely to suffer from neglect or refuse self-care, that neglect or refusal poses a real and present threat of substantial harm, and it is not apparent family, friends or other services could avoid that harm (Baker Act criteria). When the main problem is substance abuse impairment, a different law may fit better.

This page is for the parent, sibling or adult child watching this cycle repeat. Many families describe the same fears: irreversible harm to their loved one, financial exploitation, dangerous decisions, and another psychiatric crisis. Those fears are real, and they are why the next step matters.

Baker Act vs. Marchman Act: which law fits repeat holds

The Baker Act covers mental illness emergencies. The Marchman Act covers substance abuse impairment, including a substance use disorder that occurs with a mental health disorder.

• Main concern: Baker Act, mental illness. Marchman Act, substance abuse impairment.
• Who can start it: Under the Marchman Act, if the person is an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior course of assessment and treatment can file. For a minor, a parent, legal guardian or service provider can file (who may petition).
• Test the court applies: The person must have lost power of self-control over substance use. Also required: impaired judgment about the need for care, or likely neglect, or harm to self or others (admission criteria).

One point matters a lot. Mere refusal to receive services does not by itself show lack of judgment. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” The petition needs facts showing how the impairment affects decisions.

Both laws can appear in one family’s history. An attorney reviews the record to see which law fits.

How the Marchman Act process works, step by step

A Marchman Act case moves from a filed petition to a hearing on a set schedule.

1. History review. Gather hold dates, discharge dates, substances used, and any prior assessments.
2. Filing. The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee (§ 397.681).
3. The respondent gets a copy of the petition and the hearing notice (§ 397.68151).
4. Counsel. The respondent has the right to a lawyer at every stage of the case, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily (§ 397.681).
5. Hearing. A clinical assessment must be filed by the close of business the day before. Testimony is under oath. The court hears family members who know the person’s history (§ 397.6957).
6. Order and oversight. When a service provider believes a person nearing release from involuntary treatment still meets the criteria, a renewal petition must be filed before the court-ordered services period expires (§ 397.6975).

What a Marchman Act petition covers and what the court can order

The court can order involuntary treatment services when the conditions are proved by clear and convincing evidence. That is a high standard of proof.

• Provider: The court can order care from a publicly funded or privately funded licensed provider. Private care requires that the person can pay, or that someone willing and able pays on the person’s behalf (§ 397.697).
• Custody: If needed, the court can direct the sheriff to take the person to the provider.
• Ongoing court role: The court keeps jurisdiction to monitor compliance, change the treatment, or start contempt proceedings for violating a valid order.
• Early release: A person may be released early when the conditions no longer exist, such as when the person no longer meets the criteria for involuntary admission and has given informed consent to be transferred to voluntary treatment status (§ 397.6971).
• Discharge planning: Plans must, at a minimum, cover follow-up behavioral health appointments, how to obtain medications, living arrangements and transportation, and referral to recovery support opportunities (§ 397.6977).

No outcome is promised.

What to gather: the evidence that supports a petition

A petition must state specific facts, not general worry. Start with dates and records.

The petition must name the person, the petitioner, and their relationship. It must also give the reasons you believe the person is substance abuse impaired and has lost self-control because of that impairment, and either that the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders services, or that the person’s refusal of care is based on impaired judgment (§ 397.68141).

Useful records include:

• Baker Act paperwork and hospital or crisis unit discharge notes
• Police or EMS reports
• A log of substances, overdoses, missed medical care, and money problems
• Refusals of care, with dates and any witnesses

A qualified professional’s report from within 30 days helps. If the person was never assessed, or refused an assessment, the petition must say so.

In an emergency, the petition must describe the urgent circumstances and include a request for an ex parte assessment and stabilization order. If your loved one is in immediate crisis, the Florida Department of Health lists 988 for immediate crisis support.

Why families bring this matter to Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida, including Miami-Dade County, and statewide.

• Responsible attorney: Richard J. Casey III, Esq.
• Support staff: The firm has support staff to help with scheduling and questions.
• Guardianship: When a loved one also cannot manage money, housing, or medical decisions, guardianship may come up. The firm handles those matters too.

The firm does not promise any result. What it offers is a clear review of your facts and the law that applies.

Frequently asked questions about repeated Baker Act holds and the Marchman Act

Talk with Robinson Casey about your loved one’s next step

If your loved one keeps ending up in crisis after each hold, you may be wondering what comes after the next discharge. You don’t have to sort out the Marchman Act alone. Call (561) 849-4700 or request a consultation. Your first consultation is free, confidential, and carries no obligation to continue.