Sometimes, you just can't be there. That's why the CareSource staff is available 24 hours a day, 7 days a week, and we're prepared to jump in and do whatever is necessary at a moment's notice. Whether there's a crisis that needs immediate attention (such as a hospitalization or an emergency displacement due to a hurricane,) or more commonly, when a protracted decline eventually sparks a crisis, CareSource can step in to handle whatever needs to be done.

Should the crisis require more intensive services outside the scope of the family's authority or comfort level, or the individual is not willing to accept the services, then we can implement some legal remedies to insure the person's safety. These services are listed below. However, CareSource will ALWAYS attempt a less intrusive solution before using any formal or legal interventions.

Protective Services
CareSource can report to and coordinate services with Department of Children and Families (DCF) Adult Protective Services (APS) for a "Protective Services Intervention" (F.S. § 415.1051.)

Emergency intervention is appropriate when APS has reasonable cause to believe that a disabled adult or elderly person is being abused, neglected or exploited, is in need of protective services but lacks the capacity to consent to protective services, and the abuse or neglect presents a risk of death or serious physical injury. A hearing is set within 14 days of APS filing a petition. If the court finds that the disabled adult or elderly person is in need of protective services and lacks the capacity to consent to them, the court will issue an order that shall remain in effect for 60 days and designate a "responsible party" to see that protective services are provided and received. After that time DCF must notify the court whether protective services will be continued with the consent of the person, whether protective services will be discontinued, or whether a petition for guardianship should be filed. CareSource has been designated as the responsible party in many cases.

Emergency Temporary Guardianship
Should there be an "imminent danger that the physical or mental health or safety of the person will be seriously impaired, or that the person's property is in danger of being wasted, misappropriated, or lost unless immediate action is taken", then the court may appoint an Emergency Temporary Guardian. This guardianship only lasts for 60 days, or until a permanent guardian is appointed, whichever comes first. Generally speaking, a hearing is held in less than 5 days of filing the petition. (see determination of incapacity process) The court will then issue an order of Emergency Temporary Guardianship in order to protect the alleged incapacitated person. CareSource can serve as the guardian, or assist another interested party during this process.

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Mandated Hospitalization Under The Baker Act
Under provisions of this act, an individual can be ordered by the Court to be placed in a psychiatric facility against their wishes to be evaluated and determine if further treatment is needed. The individual must be mentally ill and appear or require placement or examination but refuses, or is unable to recognize that the placement is necessary. There must also be documentation that all available and less-restrictive treatment alternatives are inappropriate.

AND meets one of the following criteria:

• is incapable of surviving alone or with the help of others (if allowed) and this neglect or refusal poses a present threat to his or her well-being
• presents a danger to himself or others

Mandated Hospitalization Under The Marchman Act
Under provisions of this act, an individual can be ordered by the Court to be placed in a psychiatric facility if there is good faith reason to believe the person is substance abuse impaired and, because of the impairment:

• Has lost the power of self-control with respect to substance use; and either
• Has inflicted, threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; or
• Is in need of substance abuse services and is incapable of appreciating the need for such services

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