
Why is Miami Dade County the largest psychiatric facility in Florida?
Because of systematic disinvestment in our state public health system and mental health hospitals, and because of the outsized number of uninsured and medically disenfranchised in Florida, the Miami-Dade County (MDC) jail currently serves as the largest psychiatric facility in the State of Florida.
Who receives the most mental health care in Florida?
Between 2008 and 2012 in Florida (the most recent published data), 62% of non-Hispanic White males received mental health care for a serious mental illness compared to 52% of Hispanics and 48% of non-Hispanic Black residents.
How does mental illness affect incarceration in Miami-Dade?
People with mental illnesses remain incarcerated in the Miami-Dade County jail for eight times as long as people without mental illness for the same charge, and at seven times the cost.
Can you force someone into rehab against their will?
Currently, 37 states have created statutes that allow individuals suffering from addiction to be detained against their will for a short period of time even if they have committed no crime. Nuances of law aside, many families simply want to know in which states can you force someone into rehab in order to save their lives?

What is the Florida Department of Children and Families?
The Florida Department of Children and Families’ Office of Substance Abuse and Mental Health (SAMH) serves as the single state agency for the provision of mental health and substance abuse services . SAMH contracts with seven Managing Entities statewide to manage the delivery of behavioral health services through a network of local service providers. SAMH promotes a coordinated network of community-based services and supports that is person-centered and builds on the strengths and resiliencies of individuals, families and community to improve the health, wellness, and quality of life for those with behavioral health conditions.
How many hours a day does a mental health clinic provide?
These individualized, acute, and immediately sub-acute care services provide short and intensive mental health residential and rehabilitative services 24 hours a day, seven days per week. These services must meet the needs of individuals who are experiencing an acute or immediately sub-acute crisis and who, in the absence of a suitable alternative, would require hospitalization.
What is outpatient therapy?
Outpatient Services provide a therapeutic environment that is designed to improve the functioning or prevent further deterioration of persons with mental health and/or substance abuse problems. Outpatient services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of increased stress or crisis.
What is a level II rehab facility?
These are licensed, structured rehabilitation-oriented group facilities that have 24-hour a day, seven days per week supervision. Level II facilities house persons who have significant deficits in independent living skills and need extensive support and supervision.
How many hours a day is nonresidential care?
This non-residential care is generally available twenty-four hours per day, seven days per week, or some other specific time period, to intervene in a crisis or provide emergency care. Examples include: mobile crisis, crisis support, crisis/emergency screening, crisis telephone, and emergency walk-in.
What is a group home in mental health?
Group homes are for residents who may require longer lengths of stay.
How long after admission to a hospital do you have to receive a treatment plan?
Not more than 5 days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the patient has had an opportunity to assist in preparing and to review prior to its implementation. The plan shall include a space for the patient’s comments.
What is the Baker Act in Florida?
In Florida, the Involuntary Commitment law is referred to as the Baker Act. If someone you know has been involuntarily committed, you have the right to be fully informed about the step-by-step procedure of involuntary commitment as well as your rights and the rights of the person who was, or is being, committed.
What is a habeas corpus petition?
(a) At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Each patient held in a facility shall receive a written notice of the right to petition for a writ of habeas corpus.
What is involuntary commitment in Florida?
Involuntary commitment to a Florida drug rehab center is usually an emergency or last-hope effort for someone who cannot or will not make the life-saving decision to enter rehab on their own. What is interesting about involuntary commitment is the success rate. When people enter treatment voluntarily, they want to make a change.
What does it mean when someone enters treatment voluntarily?
When people enter treatment voluntarily, they want to make a change. They are sick and tired of being sick and tired. They want another chance at life. On the other hand, the involuntary nature of being committed might seem like a recipe for disaster, but it is not.
What is the Florida Marchman Act?
The Florida Marchman Act Offers an Avenue for Commitment. The most obvious question about involuntary commitment is a legal one. A parent has the authority to take a minor to rehab. For adults, it is more complicated. Florida’s Marchman Act is the avenue for involuntary commitment of an adult. Also known as the Florida Substance Abuse Impairment ...
Why is it important to manage the physical symptoms of getting clean?
They manage the physical symptoms of getting clean, whether or not the addict wants treatment. This is critical because withdrawal symptoms lead to relapse. When the addict makes it over that hump, relapse is not a persistent threat.
What is the Emergency Examination and Treatment of Incapacitated Person's Act?
In emergency situations, such as overdose or severe drug-induced impairment, the Emergency Examination and Treatment of Incapacitated Person’s Act may be the legislation that gets the addict into substance abuse treatment.
Does drug rehab have a success rate?
Drug rehab does not have a 100 percent success rate, even with people who enter voluntarily. Numerous factors can affect success, such as how well the program addresses the addict’s needs and how well his or her symptoms are managed. For someone entering involuntarily, the usual factors are compounded by mindset and daily choices.
Do you need a court order to use the Florida Substance Abuse Impairment Act?
You will need a court order to use the Florida Substance Abuse Impairment Act or other legislation. You will also need arrangements in advance with a Florida drug treatment center. If someone you care about is suffering from substance abuse and addiction, there is no time to lose.
What to do if you feel you are in danger?
If there is not an immediate resolution, and you feel you are in potential danger, seek a restraining order against the person to restrict her contact.
How to prepare for a mental health intervention?
Develop a plan of action. Prior to the intervention, develop at least one treatment plan to offer to the person. Make arrangements ahead of time if the person is going to be escorted to the mental health facility directly from the intervention.
What should I do if I'm worried about someone?
If you’re worried that someone is a danger to themselves or others, you should call 911 right away for help. If the person you’re trying to help isn’t a danger to themselves or others, try staging an intervention to help them.
What is an involuntary commitment?
Clarify the law. Involuntary commitment implies you are taking a person’s freedom away. This serious procedure varies from state to state, but in general, involuntary commitments are either judicial or emergency and require input from a doctor, therapist, and/or the court. Often, after a suicide attempt, temporary commitment is mandatory.
Can you ride in an emergency vehicle to the hospital?
If it is appropriate to ride in the emergency vehicle with the person to the hospital, then do so. Drive or get a ride to the hospital where they are taking the person for evaluation. You will need to be present to provide essential health related information they will need to perform a psychiatric evaluation.
Can a person be ordered to undergo a mental health evaluation?
The person may be ordered by the court to undergo a mental health evaluation, which may or may not result in the court ordering treatment. If so ordered, the person may be committed to receive treatment or ordered to undergo supervised outpatient treatment.
How many states have laws that allow people to be detained against their will?
Currently, 37 states have created statutes that allow individuals suffering from addiction to be detained against their will for a short period of time even if they have committed no crime. Nuances of law aside, many families simply want to know in which states can you force someone into rehab in order to save their lives?
When was the first law on involuntary commitment for addiction?
Laws regarding involuntary commitment for addiction treatment have followed a long and winding road since the first was legislated in 1812 .
What is involuntary commitment law?
About Involuntary Commitment Laws. Many states have adopted laws that allow parties who are closely connected to individuals suffering from addiction to petition for the involuntary commitment of the addicted individual.
Do states have laws on drug overdose?
While some states do not currently have laws of this nature, many are now considering adopting them. Several states are currently in the process of revising their laws in response to the increasing numbers of people dying from alcohol or drug overdose.
Can a family member file for a loved one to be placed in rehab?
Generally speaking—and it should be noted that requirements for these laws differ considerably between states—family members may file a petition for their loved one to be placed in rehab if that person has threatened to harm themselves or someone else or if they can no longer provide for their basic needs.
How many people in Florida have mental health issues?
Nearly one-fifth of Floridians (17.5%) aged 18 and older have a mental illness, [1] and over 7% of Florida's adults have a substance use disorder. [2] , [3] Well over half a million adults in Florida experience serious mental illness. [4]
How long are people with mental illness in jail?
In fact, people with mental illnesses remain incarcerated in the Miami-Dade County jail for eight times as long as people without mental illness for the same charge, and at seven times the cost. Lacking access to appropriate care and treatment outside of jail or prison, many individuals cycle through the system for the majority ...
What is Medicaid expansion in Florida?
Expanding Medicaid will offer Florida multiple pathways for recouping costs currently borne at the state and local levels. First, expansion will connect many uninsured Floridians with mental illness and/or substance use disorder to healthcare.
What is Nelson Duarte's mental health?
Nelson Duarte knows the importance of staying on his medications. He struggles with bipolar disorder and schizophrenia, as well as diabetes and high blood pressure. Nelson first had hallucinations at age thirteen, and he soon found himself caught in the criminal justice system’s revolving door.
Do minorities have access to mental health services?
Across the country, racial and ethnic minorities have less access to mental health services than do White Americans. They are less likely to receive needed care, and when they do receive care, it is more likely to be of poor quality. [11] Between 2008 and 2012 in Florida (the most recent published data), 62% of non-Hispanic White males received ...
Can you get medicaid while in prison?
Under federal law inmates of correctional institutions are generally unable to access their Medicaid benefits while in custody, [21] however incarcerated individuals may be deemed eligible for Medicaid and state Medicaid agencies must accept applications and process renewals for incarcerated individuals. [22] .

Treatment
- The Florida Department of Children and Families’ Office of Substance Abuse and Mental Health (SAMH) serves as the single state agency for the provision of mental health and substance abuse services. SAMH contracts with seven Managing Entities statewide to manage the delivery of behavioral health services through a network of local service providers...
Assessment
- Assessment includes the systematic collection and integrated review of individual-specific data, such as examinations and evaluations. This data is gathered, analyzed, monitored and documented to develop the person’s individualized plan of treatment and to monitor recovery. Assessment specifically includes efforts to identify the person’s key medical and psychological …
Inpatient Services
- These services are provided in psychiatric units within hospitals licensed under Chapter 395, F.S., as general hospitals and psychiatric specialty hospitals. They are designed to provide intensive treatment to persons exhibiting violent behaviors, suicidal behaviors and other severe disturbances due to substance abuse or mental illness.
Medical Services
- Medical services provide primary medical care, therapy, and medication administration. Medical services are designed to improve the functioning or prevent further deterioration of persons with mental health or substance abuse problems, including psychiatric mental status assessment. For adults with mental illness, medical services are usually provided on a regular schedule with arra…
Outpatient Services
- Outpatient Services provide a therapeutic environment that is designed to improve the functioning or prevent further deterioration of persons with mental health and/or substance abuse problems. Outpatient services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of increased stress or crisis.
Residential Level I
- These licensed services provide structured, live-in, non-hospital settings with 24-hour supervision, seven days per week. There is a nurse on duty in these facilities at all times. For adult mental health, these services include two different kinds of programs: group homes and short-term residential treatment services. Group homes are for residents who may require longer lengths o…
Residential Level II
- These are licensed, structured rehabilitation-oriented group facilities that have 24-hour a day, seven days per week supervision. Level II facilities house persons who have significant deficits in independent living skills and need extensive support and supervision.
Short-Term Residential Treatment
- These individualized, acute, and immediately sub-acute care services provide short and intensive mental health residential and rehabilitative services 24 hours a day, seven days per week. These services must meet the needs of individuals who are experiencing an acute or immediately sub-acute crisis and who, in the absence of a suitable alternative, would require hospitalization.
Excerpts from The Mental Health Act
459 Rights of Patients.– (2) Right to Treatment.—
- (c) Each person who remains at a receiving or treatment facility for more than 12 hours shall be given a physical examination by a health practitioner authorized by law to give such examinations, within 24 hours after arrival at such facility. 1. 1.1. Not more than 5 days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the …
459 Rights of Patients.– (3) Right to Express and Informed Patient Consent.–
- (a)1. Each patient entering treatment shall be asked to give express and informed consent for admission or treatment. If the patient has been adjudicated incapacitated or found to be incompetent to consent to treatment, express and informed consent to treatment shall be sought instead from the patient’s guardian or guardian advocate. If the patient...
459 Rights of Patients.– 8) Habeas Corpus.–
- (a) At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Eac…
463 Involuntary Examination.–
- (1) CRITERIA.–A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness: (a)1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or 2. The person is unable to determine for himsel…
467 Involuntary Inpatient Placement.–
- (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.– (a)1. The court shall hold the hearing on involuntary inpatient placement within 5 days, unless a continuance is granted. The hearing shall be held in the county where the patient is located and shall be as convenient to the patient as may be consistent with orderly procedure and shall be conducted in physical settings not likely t…