51 Questions
What is the primary purpose of the Marchman Act?
To provide support services for persons who are at risk of harming themselves or others
What is the definition of a habitual abuser?
A person who is brought to the attention of law enforcement for being substance impaired three or more times during the preceding 12 months
What is the meaning of 'informed consent' in the context of the Marchman Act?
Consent voluntarily given in writing by a competent person after sufficient explanation and disclosure
What is the purpose of involuntary services under the Marchman Act?
To provide an array of behavioral health services for persons with substance abuse impairment
What is the term for a person who is under the influence of substances?
Substance impaired
What is the scope of this standard operating procedure?
All sworn Sheriff's Office personnel
What is the purpose of the Sheriff's Office in regards to the Marchman Act?
To ensure that persons who may be at risk of harming themselves or others receive the necessary support services
What is the definition of 'substance abuse impaired'?
A condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior
What is the purpose of Amethyst Respite Care (ARC)?
A diversion program from correctional facilities and hospital emergency rooms
What is the phone number of the Juvenile Addictions Receiving Facility (JARF)?
813-933-4446
When can a court order a person to be taken into involuntary protective custody?
Under Florida Statute 397.697, if necessary
What is a requirement for admittance into Amethyst Respite Care (ARC)?
All of the above
Where should a law enforcement officer transport a juvenile meeting the criteria for involuntary admission under the Marchman Act?
Juvenile Addictions Receiving Facility (JARF)
What should a law enforcement officer do if a person has an emergent medical need?
Transport the person to the nearest emergency room
What should a law enforcement officer do if a person is at risk of incarceration but does not meet the criteria for involuntary admission under the Marchman Act?
Transport the person to Amethyst Respite Care (ARC) if an adult, or JARF if a juvenile
What is the purpose of Transcare Transport?
To assist with the transport to a receiving facility
Who is empowered to take a person into custody for involuntary admission under Florida Statute 397.675?
Law Enforcement Officer
What is the primary reason for an involuntary admission?
The person is unable to recognize the need for substance abuse services
What is the purpose of the Marchman Act Form MH4002?
To document the facts and circumstances under which the person was taken into custody
What is the criteria for involuntary admission under Florida Statute 397.675?
The person has lost the power of self-control with respect to substance abuse
Who can initiate an involuntary admission?
Any one of the following: a law enforcement officer, a licensed service provider, or a physician
What happens if a person refuses to consent to a law enforcement officer's assistance?
The officer can use reasonable force to transport the person
What is the purpose of including emergency contact information on the Marchman Act Form MH4002?
To inform the emergency contacts of the person's whereabouts
What is the location of the Central Receiving Facility where a person may be taken for involuntary admission?
2212 East Henry Avenue, Tampa, Florida 33610
What is the definition of substance abuse under Florida Statute 397.675?
The misuse of, abuse of, or dependence on alcohol, illicit drugs, or prescription medications
What is the requirement for a law enforcement officer to take a person into custody for involuntary admission?
The officer must have a good faith reason to believe the person is substance abuse impaired
The Marchman Act only applies to individuals who are at risk of harming themselves.
False
A person can only be taken into custody for involuntary examination if they have been taken into custody three or more times in the preceding 12 months.
False
Involuntary services under the Marchman Act are only provided for persons with substance abuse impairment.
False
A person must be given informed consent before being taken into custody for involuntary examination.
False
The Marchman Act only applies to persons who are under the influence of alcohol.
False
Law enforcement officers are empowered to take a person into custody for involuntary admission under the Marchman Act.
True
The Marchman Act is designed to ensure that persons are taken to a qualified receiving facility for substance abuse treatment only.
False
A licensed service provider under Florida Statutes Chapter 397 can be a private for-profit agency.
True
A law enforcement officer can take a person into custody for involuntary admission if they refuse to receive substance abuse services.
False
A person who is substance abuse impaired can still make rational decisions for their own care.
False
A law enforcement officer can initiate an involuntary admission by taking protective custody of a minor or an adult.
True
The Marchman Act Form MH4002 is only used for voluntary admissions.
False
A law enforcement officer must obtain a court order before initiating an involuntary admission.
False
The Central Receiving Facility is located in Miami, Florida.
False
A law enforcement officer can use unreasonable force to transport a person for involuntary admission.
False
Emergency contact information is only used for involuntary admissions.
False
A law enforcement officer can only initiate an involuntary admission for a minor.
False
A law enforcement officer must transport a juvenile meeting the criteria for involuntary admission under the Marchman Act to the Amethyst Respite Care (ARC).
False
The law enforcement officer must notify the nearest relative of a minor in protective custody, unless the minor requests that there be no notification.
False
The Juvenile Addictions Receiving Facility (JARF) is a 24-hour, non-secure substance abuse receiving facility.
False
A court may order a person to be taken into involuntary protective custody under Florida Statute 397.675.
False
Transcare Transport is a facility that provides emergency assessment and detoxification services.
False
A law enforcement officer must ensure that the person is secured prior to EMS leaving the scene when the person has an emergent medical need and is being transported to a hospital.
True
The Amethyst Respite Care (ARC) is a diversion program designed for juveniles who are at risk of incarceration.
False
A law enforcement officer may transport a juvenile who is at risk of incarceration but does not meet the criteria for involuntary admission under the Marchman Act to the Amethyst Respite Care (ARC).
False
Study Notes
Purpose and Scope
- The purpose of this standard operating procedure is to define guidelines and procedures for taking individuals into custody for involuntary examinations under the Marchman Act.
- This procedure applies to all sworn Sheriff's Office personnel.
Definitions
- Habitual Abuser: a person who is brought to the attention of law enforcement for being substance impaired, meets the criteria for involuntary admission, and has been taken into custody for such impairment three or more times during the preceding 12 months.
- Impaired or Substance Abuse Impaired: a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance that induces mental, emotional, or physical problems and causes socially dysfunctional behavior.
- Informed Consent: consent voluntarily given in writing by a competent person after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion.
- Involuntary Services: an array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders.
- Law Enforcement Officer: has the same meaning as provided in Florida Statute 943.10, which includes a Sheriff’s Office Law Enforcement Deputy.
- Licensed Service Provider: a public agency under Florida Statutes Chapter 397, a private for-profit or not-for-profit agency under Chapter 397, a physician or any other private practitioner licensed under Chapter 397, or a hospital that offers substance abuse services through one or more licensed service components.
- Substance Abuse: the misuse of, abuse of, or dependence on alcohol, illicit drugs, or prescription medications.
Involuntary Admissions
- Criteria for Involuntary Admissions:
- Good faith reason to believe the person is substance abuse impaired or has a co-occurring mental health disorder.
- The person has lost the power of self-control with respect to substance abuse.
- The person is in need of substance abuse services and is unable to recognize the need for such services.
- Without care or treatment, the person is likely to suffer from neglect or refuse to care for themselves, posing a real and present threat of substantial harm to their well-being.
- There is a substantial likelihood that the person has inflicted, threatened to inflict, or attempted to inflict physical harm on themselves or others.
Methods for Involuntary Admissions
- A law enforcement officer may take protective custody of a minor or an adult who appears to meet the criteria for involuntary admission.
- An adult may consent to be assisted by the law enforcement officer to their home, a hospital, or a licensed detoxification or addictions receiving facility.
- If the person fails or refuses to consent, the law enforcement officer may transport the person to the Central Receiving Facility or the Juvenile Addictions Receiving Facility (JARF) without using unreasonable force.
- The law enforcement officer must provide the Marchman Act Form MH4002, detailing the facts and circumstances under which the person was taken into custody for an involuntary admission.
Purpose and Scope
- The purpose of this standard operating procedure is to define guidelines and procedures for taking individuals into custody for involuntary examinations under the Marchman Act.
- This procedure applies to all sworn Sheriff's Office personnel.
Definitions
- Habitual Abuser: a person who is brought to the attention of law enforcement for being substance impaired, meets the criteria for involuntary admission, and has been taken into custody for such impairment three or more times during the preceding 12 months.
- Impaired or Substance Abuse Impaired: a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance that induces mental, emotional, or physical problems and causes socially dysfunctional behavior.
- Informed Consent: consent voluntarily given in writing by a competent person after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion.
- Involuntary Services: an array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co-occurring substance abuse impairment and mental health disorders.
- Law Enforcement Officer: has the same meaning as provided in Florida Statute 943.10, which includes a Sheriff’s Office Law Enforcement Deputy.
- Licensed Service Provider: a public agency under Florida Statutes Chapter 397, a private for-profit or not-for-profit agency under Chapter 397, a physician or any other private practitioner licensed under Chapter 397, or a hospital that offers substance abuse services through one or more licensed service components.
- Substance Abuse: the misuse of, abuse of, or dependence on alcohol, illicit drugs, or prescription medications.
Involuntary Admissions
- Criteria for Involuntary Admissions:
- Good faith reason to believe the person is substance abuse impaired or has a co-occurring mental health disorder.
- The person has lost the power of self-control with respect to substance abuse.
- The person is in need of substance abuse services and is unable to recognize the need for such services.
- Without care or treatment, the person is likely to suffer from neglect or refuse to care for themselves, posing a real and present threat of substantial harm to their well-being.
- There is a substantial likelihood that the person has inflicted, threatened to inflict, or attempted to inflict physical harm on themselves or others.
Methods for Involuntary Admissions
- A law enforcement officer may take protective custody of a minor or an adult who appears to meet the criteria for involuntary admission.
- An adult may consent to be assisted by the law enforcement officer to their home, a hospital, or a licensed detoxification or addictions receiving facility.
- If the person fails or refuses to consent, the law enforcement officer may transport the person to the Central Receiving Facility or the Juvenile Addictions Receiving Facility (JARF) without using unreasonable force.
- The law enforcement officer must provide the Marchman Act Form MH4002, detailing the facts and circumstances under which the person was taken into custody for an involuntary admission.
This quiz covers the standard operating procedure for taking persons into custody for involuntary examinations under the Marchman Act in Florida, as outlined in Florida Statutes Chapter 397.
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