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.
If Your Loved One Has Been Baker Acted Please Call Us At 706
Floridas Baker Act is the law that allows police, doctors, and family members to have someone committed for an involuntary 72-hour mental health examination. Both children and adults may be Baker Acted, and it can be a very scary thing for everyone involved. This page is designed to give you an outline of what you might expect if it happens to a loved one, but bear in mind that things move very quickly during Baker Act proceedings. Its important to call or email about your legal options as soon as you can.
If a doctor or police officer has reason to believe that a person has a mental illness requiring an involuntary mental health examination, then the person may be Baker Acted based on the following criteria:
1.The person has refused voluntary examination OR the person is unable to determine for himself or herself whether examination is necessary AND
2.a.Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself such neglect or refusal poses a real and present threat of substantial harm to his or her well-being and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services OR
2.b.There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
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What Happens When You Baker Act Someone
When a loved one sees a problem occurring and wants to help that individual get help, the first step should always be to ask them to enter into treatment on a voluntary basis. It is the safest option available.
When that does not happen, it may be necessary to go through the steps listed here in order to ensure they receive the level and type of care they need.
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What Is The Criteria For The Baker Act
Baker Act admissions can be voluntary or involuntary.
The following criteria must be met in order to involuntarily commit someone for an examination through the Baker Act:
As you can see, it all starts with evidence of a mental illness. In the 2014 Baker Act Handbook, mental illness is defined as:
an impairment of the mental or emotional processes that exercise conscious control of ones actions or of the ability to perceive or understand reality, which impairment substantially interferes with a persons ability to meet the ordinary demands of living, regardless of etiology
Its important to note what is not covered under that definition.
For example, neither a developmental disability nor retardation is not included.
RELATED:Find out more about Floridas Marchman Act
The Process Of Baker Acting Someone In Florida
Many individuals deal with severe mental health issues on a daily basis. Sometimes, people with mental health conditions are unable to see the full extent of their issues. If a loved one of an individual with a mental illness believes they are a danger to themselves or others, they may decide to utilize The Baker Act. So, what all goes into baker acting someone in Florida? Lets take a look.
The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual will not voluntarily receive help for a severe mental health crisis, The Baker Act allows family members to request that their loved one be placed under an involuntary mental health examination. While this may seem scary, there are guidelines and criteria set in place to ensure that The Baker Act is not abused.
If you are worried about your loved ones safety as a result of their mental health, you may be wondering how to Baker Act someone in Florida. For someone to be Baker Acted, they must meet specific criteria to be considered as emotionally and mentally impaired.
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Quick Guide For Law Enforcement Officers
Sometimes its hard to know if you should Baker Act someone. You want to be a responsible officer and do the right thing to protect individuals and those nearby, but youre not sure whether to take a person to jail or to initiate the Baker Act and take the person to a 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 things to be on the lookout for.
Key Points
Behaviors to Look For
Individuals with mental illness who may need further evaluation typically exhibit a combination of the following behaviors, characteristics, or indicators of their illness:
NOTE: If you have any doubts, dont forget to contact your CIT Officers or one of the receiving facilities.
Involuntary Substance Abuse Assessment
A Petition for Involuntary Assessment may be filed when there is good-faith reason to believe that:
an individual is substance abuse impaired, andbecause of such impairment he/she has lost the power of self-control with respect to substance abuse, andhe/she has inflicted or is likely to inflict physical harm on himself/herself or others unless admitted, orhis/her refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that he/she is incapable of appreciating his/her need for care and of making a rational decision regarding that need for care.
If the individual has refused to submit to an assessment, such refusal must be alleged in the petition.
The petitioner files the petition with the Clerk of Court. The case must be set for a hearing within 10 days, unless the petitioner elects to file an Ex Parte petition. Notice of the hearing is provided to the Petitioners at the time of filing, and the patient is served notice of the hearing and summons by a plainclothes deputy sheriff. A magistrate presides at the hearing, and after all relevant testimony is given, may enter an Order for Involuntary Assessment. Unless arrangements have been made for a voluntary assessment, the facility will assess the patient face-to-face. A written assessment is then sent to the court, which, after receiving the written assessment, may proceed with the Petition for Involuntary Treatment.
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A Court Hearing Is Scheduled
An involuntary placement hearing must be scheduled within five days. A court-appointed public defender is assigned to the individual unless they have other representation. Testimony and evidence are provided to determine if the person is competent to consent to treatment. If not, then a guardian advocate is appointed to the individual. If they are found incompetent, an order remanding the individual to a treatment center for up to six months is possible.
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.
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Involuntary Substance Abuse Services
A Petition for Involuntary Services may be filed within 12 days, after a court ordered assessment is reviewed by the court and a recommendation is made for involuntary services. The patient is once again served notice of the hearing and summons by a plainclothes deputy sheriff. A magistrate also presides at this hearing and after considering all relevant testimony, may enter an order for involuntary services for a period of up to 90 days.
Key Points For Involuntary Admissions
1. Your role is not to diagnose but if you have reason to believe someone appears mentally ill, you can decide if that person may be putting himself or herself or others in danger and meets the criteria for a complete evaluation.
2. You do not need to witness all the behaviors personally. You can consider credible eyewitness accounts from others as you determine the need for further assessment.
3. Officers must complete two forms when initiating the Baker Act: Report of Law Enforcement Officer Initiating Involuntary Examination , and Transportation to Receiving FacilityPart I .
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A Law Enforcement Officer
A law enforcement officer has the authority take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility.
Generally, this starts with a phone call from a friend, family member, or bystander after witnessing behavior indicating the person may be mentally ill and is in danger.
Once again, the officer files a written report detailing the circumstances regarding the person being taken under custody. Ultimately, this report becomes part of the clinical record.
Involuntary Mental Health Examination Criteria
A Petition for Involuntary Examination may be filed when there is reason to believe an individual is mentally ill and has refused voluntary help because of that mental illness. There would also need to be reason to believe that the person is unable to determine for him or herself that examination is necessary. In addition, there must be a threat to the persons well-being because she or he did not receive proper care.
It may also be possible that there are no family members or friends available to help, or there may be a likelihood that without care or treatment, the person will cause serious bodily harm in the near future to her or himself or to others, as evidenced by recent behavior. In any case, a patient may not be held in a receiving facility for involuntary examination for more than 72 hours.
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Suggestions From A Receiving Facility
- If you anticipate a patient will be coming to the Vines Hospital, please call ahead to alert the admissions staff. They will review clinical information and get approval for the admission.
- Within a few minutes, you will be notified if it is appropriate to transfer the patient to the Vines Hospital or another facility. Remember, involuntary patients MUST go to the nearest receiving facility. Staff will be happy to help you get the patient to the appropriate place for help.
- Be prepared. The original BA52 form MUST accompany the patient. Before calling law enforcement to transport, call the Vines Hospital for an approval to admit and then FAX us the patients face sheet and BA52.
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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What Is It Like To Be Baker Acted
No matter which of the three methods are used, it all starts with the person being picked up by a law enforcement officer. That is, unless a person is already in a receiving facility. For example, if a hospital serves a receiving facility and the person goes to the ER for care, whether related or unrelated to mental illness. The attending physician may determine that the person meets the criteria for the Baker Act and hold the person at the facility.
If the person is picked up by an officer, they will be taken one of three places:
During the examination, the professional will:
The Baker Act Criteria
As written in the Florida Statute 394, The Baker Act process must begin and end with the criteria set in place. Unfortunately, sometimes individuals are placed under involuntary mental health examination when they do not meet the criteria as its stated. To prevent the abuse of this act, it is important to understand The Baker Act criteria.
By Florida law, The Baker Act criteria are as follows:
According to the law, there are specific people qualified to enact The Baker Act. For an involuntary mental health assessment to be completed, a family member of the emotionally unwell individual must report to one of the following:
- Licensed Marriage and Family Therapist
- Physicians Assistant
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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.
The Baker Act Process
If a person is Baker Acted, they are taken to a mental health hospital that is also a Baker Act-receiving facility. At the receiving facility, the individual must be psychologically examined within 72 hours .
If the person is deemed to be dangerous by two different mental health professionals, they will be admitted to a mental health facility . Less commonly, outpatient mental health treatment may be recommended for people with mental illness who do not need 24/7 care.
If the person is not found to have any mental health issues, or they have a non-dangerous mental health issue, they will be released within the 72-hour period.
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Things To Know About The Florida Baker Act
The Florida Mental Health Act, commonly known as the Florida Baker Act, is available to families and others who believe their loved one is suffering from serious mental health disorders. When someone refuses the mental health treatment they need, it may be difficult to watch. Many times, a person without the ability to make rational decisions needs support to make that possible. Prior to the Baker Act of 1971, this was hard to do.
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.
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