Fifty Years Later Its Not
Before she wrote the law now known as the Baker Act in 1971, Maxine Baker, a state legislator from Miami-Dade County, toured state hospitals and saw patients strapped to beds and locked in rooms without care.
She spent years researching her solution: Rather than shoving people into dark corners, offer treatment within communities. People could voluntarily check in, but if they didnt seek help and needed it, police or healthcare professionals could make the decision for them. Families also could petition the court to compel someone to be examined or committed.
How Long Does A Baker Act Stay On Your Record
Theres currently no way to have a Baker Act removed from your record if the police were involved. However, the report may only mention that there was an incident with the police without additional details, especially if the matter never makes it to trial. Baker Acts are also not listed on the FBIs National Instant Criminal Background Check System.
How To Address The Situation While Retaining Your Employment
If youve shared the reason for your absence with your employer, your supervisors are required to keep the matter private. This means you dont need to share any details with your coworkers about why you were gone or what youve gone through. If your employer does share this information and it creates a hostile work environment for you, you have the right to sue your employer for damages.
What your employer is entitled to request is regular drug screenings and a note from your physician that verifies youre fit to perform your duties. These matters will be kept private, so if youre worried about what your coworkers may think of your absence, rest assured you dont need to go into great detail about why you were away. Their most likely response will be to welcome you back and help you get caught up on what you missed while you were gone.
If you feel overwhelmed by your mental health problems, dont hesitate to get help. Contact us today by giving us a call at 299-0618 to speak with one of our understanding counselors. We can guide you through the next steps to take to ensure a quick recovery while maintaining your employment.
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Whats The Difference Between The Baker Act And The Marchman Act
The Baker Act and are both used to help Florida citizens who might be of harm to themselves or others but used in two different ways. The Baker Act is meant solely for those struggling with mental health issues while the Marchman Act was created specifically as an answer to substance abuse problems.
When reported by law enforcement, medical professionals, or family members, both acts mean that a person can be held up to seventy-two hours for an involuntary assessment for substance abuse or mental health disorders.
Mental Health Parity And Addictions Equity Act
The MHPAEA requires insurance companies to offer coverage for mental health treatment, so you cant be denied coverage if you choose to be admitted into a recovery program. Your employer is also not allowed to deny you health insurance coverage as long as youre on FMLA leave. This means you get to keep your coverage and can use it to pay for your stay at a psychiatric facility.
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How Do You Do It All
Advocates arent opposed to all the proposed reforms. The legislation would give more due-process rights to minors whose families want to voluntarily commit them, including access to a public defender.
It also would change law enforcement officers responsibilities. The current law says they shall take into custody anyone who meets Baker Act criteria. The new bill would change that word to may.
Officers told the Times in 2019 that the shall wording made them feel they had to take into custody any child who met the criteria. The Times found Tampa Bay area officers regularly did so without consulting mental health professionals. The change would put their responsibilities more in line with those of healthcare workers.
But she found a lot to like in the bills. The updated rights for minors in voluntary commitments are probably 20 years overdue. She also supports a provision that would change the maximum length of an involuntary commitment from three months to six, while requiring facilities to release people when they no longer pose a risk to themselves or others.
She likes the idea of requiring facilities to connect people to outside resources, she said, but shes not sure anything would change in practice without the state funding more mental health resources.
She thinks the legislation would ultimately do enough good that it ought to pass, she said. But she finds herself hung up on, if not totally put off by, the expanded criteria.
How To Get A Client Released
The facility isnt the only entity with the ability to get the court system involved. A patient or the patients guardian advocate can file a petition for a writ of habeas corpus requesting a hearing regarding release from involuntary confinement. Forms for this are usually made available to patients at the facility. Otherwise, an attorney can prepare and file a petition for a writ of habeas corpus as needed.
Before filing a petition, legal counsel may be able to get involved during the 72-hour window and obtain a patients release prior to the facility petitioning the court system for permission to extend confinement. As stated earlier, the prevailing test is usually whether the person being held is a danger to himself/herself or to others.
In our experience, the mere presence of an attorney along with family members lets the facility know that there is a support system in place that will address the needs of the patient. This means that a familys plans to address the facilitys concerns through voluntary treatment or the active participation of family can be very effective.
The Baker Act specifically states that confinement is not appropriate when any apparent harm may be avoided through the help of willing family members or friends . . . . Section 394.463, Florida Statutes. Your clients should know that hiring an attorney is one of the best ways to indicate to the facility that they are serious about getting released.
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Examination At The Receiving Mental Health Facility
Once the individual arrives at the receiving facility, they must be examined immediately by a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders. Additionally, the individual must not be released without documented approval by a licensed psychiatrist or clinical psychologist.
They Dont Understand That An Exam Is Necessary
A secondary component of this process is that the person must have refused a voluntary examination when it was offered to them. If that is not the case, their mental illness is making it impossible for them to understand why and how an exam like this is necessary. At the same time, the person must be suffering from neglect or may cause harm to themselves or other people if they do not receive this care.
In these situations, the Baker Act may apply. The law encourages a person to receive voluntary mental health, but when that is not utilized, it is possible for family members, law enforcement, health professionals, or others to petition the circuit court for involuntary examinations. If that occurs, the following steps happen.
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Under What Circumstances Is A Person Subject To The Baker Act
The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria:
- They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability.
- They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
- Without treatment, they may suffer personal neglect or may cause harm to themselves or others.
Refer to the Statute or a summary of the Statute for additional details.
Look Out For These Behaviors
- Behaviors: rapid speech, flight of thought, no eye contact, quick movements, disconnected speech patterns, constant moving or pacing, concentration issues, erratic mood changes, disorganized thoughts, disorientation to time or place, acts of violence, self-harm, combative or aggressive behavior, inappropriate dress or nudity
- Hallucinations: sees people who arent there, hears voices telling them to hurt themselves or others, reports that the television is suggesting harm to others, turning the head as if listening to an unseen person
- Self-care issues: insomnia or increased sleep, has not eaten for days, not taking prescribed medications, home in disarray, neglects property or personal hygiene to the point of putting self or others at risk
- Feelings: low self-esteem with feelings of hopelessness or helplessness, actions lack feeling or interest
- Suicidal risks: has weapons or access to weapons, speaks about previous attempts, makes direct comments about dying or self-harm, evidence of previous attempts such as scars on wrists
- Elderly issues: wandering at night, leaving things on the stove unattended, not eating or sleeping or caring for personal needs, unrealistic fears, uncontrollable anxiety, confusion, quantity and age of unused food at home
- Substance abuse: abuse of prescribed medications, use of alcohol or illegal substances while taking medications
*If substance abuse appears to be the only issue, the Marchman Act may be more appropriate.
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Quick Reference Guide For Law Enforcement
The Baker Act empowers law enforcement officers to initiate an involuntary evaluation of someone if they exhibit any of the following conditions:
- They are mentally ill.
- They are either a danger to themselves or to others.
- Without treatment, they are likely to suffer from neglect.
It can be hard to know whether you should Baker Act someone. You want to be a responsible officer and do the right thing to protect individuals and those nearby, but you are not sure if you should take a person to jail or take them to a Baker Act receiving facility.
This guide has been developed by the Mental Health Coalition of Pinellas County to help you make that decision in the field. We have outlined some common behaviors of those in crisis and summarized important things to know.
Can You Be Fired For Being Baker Acted
How does a Baker Act affect employment? You may have heard the term Baker Act before but not understand what it means. A good example is if you have a mental health condition that causes episodes of psychosis and you find yourself detained against your will for a mental health evaluation.
Having gone through the episode, you may be worried about what happened if you dont remember the details and how this will impact your relationships with your friends, family, and employer. Its perfectly reasonable to be concerned about what comes next, and our counselors can provide the guidance you need to recover while retaining your employment. The last thing you need is to endure additional problems because of something that might not have been under your control.
If youre aware of your legal rights, you can pick up the pieces with minimal negative impact to your career.
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Plan To Fix Floridas Baker Act Would Make It More Powerful Raising Alarms
- Jack EvansTimes staff
The Baker Act is one of Floridas most powerful laws and, critics say, one of its most dysfunctional.
The 50-year-old law allows someone to be held for mental health evaluation and potentially committed to a treatment facility, whether they agree to it or not.
But the number of those held involuntarily keeps accelerating, and the fastest-growing age group forced to undergo exams are children.
Now a bipartisan group of legislators and reformers say theyve found a way to fix it:
They want to expand the Baker Act and make it even more powerful.
Reform bills are now working their way through the Legislature.
Expanding the criteria for when the law can be invoked, reformers say, will allow those suffering from serious mental illnesses to be sent directly to treatment centers or hospitals.
They say the existing law allows too many of those people to end up in jails or prisons, where housing them costs taxpayer money funds that could instead be used to improve mental health services.
The biggest problem with America is that weve applied a criminal justice model to an illness, said Miami-Dade County Judge Steve Leifman, a leading advocate for decriminalizing mental illness. No one should be surprised it has failed as miserably as it has.
is not inconsequential, she said. It is deeply traumatizing, it is deeply hurtful and we need to figure out ways to limit it.
Legislature Approves Updates To Baker Act Marchman Act
The bill opens communications and outlaws institutionalizing someone on false pretenses.
The Legislature unanimously approved a number of changes to Florida laws regarding the involuntarily institutionalized.
The House on Tuesday unanimously approved the mental health and substance abuse legislation that updates statutes regarding Baker Act and Marchman Act patients. These laws allow family and loved ones to force individuals into facilities to care for mental health issues or drug abuse.
But individuals put in institutions under these state laws often have little way to communicate with the outside world, including about abuse.
The Florida Behavioral Health Association praised the changes. Specifically, the group heralded Sen. Danny Burgess, a Zephyrhills Republican, and Rep. Ralph Massullo, a Lecanto Republican, for championing the bills through the process.
This good bill makes things a little less complicated for families seeking mental health services, said Melanie Brown Woofter, president and CEO of the FBHA.
The Senate unanimously approved the bill on Thursday. If signed by Gov. Ron DeSantis, it will make it a first-degree misdemeanor for someone to furnish false information to get someone institutionalized or to conspire to get the Baker or Marchman Acts implemented under false pretenses.
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Were Always Here To Help
Assessment and Referral Specialist are available 24 hours a day, 7 days a week to assist you or your loved one. We cannot offer diagnosis, counseling, or recommendations online. To schedule a no-cost assessment or for more information, please call or send us a message. If you are currently experiencing an emergency, please dial 911 or go to the nearest emergency room.
Are You Charged With Something By Default
Youre only charged with a crime if youve done something that warrants criminal charges. If you do happen to be charged with a crime, youre booked through a police station prior to being transferred to a psychiatric facility. In some cases, youre not allowed to be released unless youre discharged into the care of law enforcement if your reason for the Baker Act was a violent crime.
If the Baker Act was invoked to prevent a crime from being committed and you didnt yet break any laws, youre not likely to be charged with a crime. Its important to speak with an attorney regarding your legal rights, whether youre facing any charges and what your best course of action is for your defense.
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New Bill To Change How Florida Pays For Baker Act
Tallahassee, Fla. — The Florida Legislature is considering a bill that would affect how the state pays for people in need of emergency mental health care.
Currently, the state contracts with both public and private Crisis Stabilization Units to provide emergency mental health treatment. The average cost is $300 a day per bed regardless of whether there is someone receiving treatment. This is to guarantee that anyone who needs help can get it.
The Baker Act is the quickest way for people who suffer from mental breakdowns to get the help they need and if someone is a threat to themselves or to others, that person can be held and evaluated for up to 72 hours, voluntarily or involuntarily.
The new bill cuts guaranteed funding by 75% and all excess patients would be sent to private hospitals. The hospitals would receive $1,200 a day for each patient receiving treatment but the hospitals would not be paid for unused beds.
The bill was introduced by the Senate Children, Families and Elder Affairs Committee.
Critics say this bill would only benefit large hospital systems.
Injunction For Protection: Vulnerable Adult
Who is a Vulnerable Adult?
A vulnerable adult is an adult with an impaired ability to perform normal activities of daily living or provide for their own care or protection. It is also an adult who has an impairment due to a disability , brain damage, or infirmities of aging.
What constitutes Exploitation?
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The Baker Act: What Residents Of Florida Should Know
The Baker Act, formally known as the Florida Mental Health Act, gives officials, as well as those who deem it necessary, the right to examine those who are suspected of suffering from a mental illness within the state of Florida, even against their will. Involuntary exams of those in question would take place after the accused has refused a voluntary exam, is shown to be unable to care for themselves , or if alternative methods of treatment have been declared to be ineffective.
See A Top Mental Health Psychologist After Baker Act In Florida
If you find yourself unsure what to do after Baker Act, I can help.
Im Dr. Amy Boyers, a Clinical Psychologist in Miami who specializes in eating disorder treatment and other long term conditions, including addictions, bipolar, and OCD. I offer personalized and sophisticated eating disorder treatment services, individual and family psychotherapy, family member support and education, in-home meal support, cognitive behavioral therapy, anxiety treatment, depression treatment, and much more.
Have any questions about the recovery process? Id be happy to answer them. Simply reach out to me and Ill be sure to answer anything you want to know.
I look forward to helping you obtain a brighter tomorrow.
Just a reminder, Dr. Boyers does not participate in any insurance plans. This means that she cannot accept your insurance for payment. She will make every effort to assist you with the filing of the proper paperwork so that you may get reimbursed by your insurance carrier. However, this is not a guarantee that your insurance will reimburse you for your treatment. Every insurance policy is written differently so it is important that you speak to your insurance regarding your out-of-network mental health coverage prior to your first session.
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