How Long Can A Baker Acted Person Be Committed To Treatment
As stated above, the initial time period for involuntary treatment is up to six months. However, it can be continued.
In order to do this, a facility administrator must file for continued involuntary placement again before the initial time period. A statement by the physician or clinical psychologist, description of the treatment already received, and an individualized plan for continuing treatment must be filed with the petition. For continued involuntary treatment, the hearing will be conducted by an administrative law judge.
If the court finds it is still justified, then they can find for another period of up to six months.
This process continues until the person no longer meets the criteria, at which time they are released by the facility. The court does not have to approve the release. The person can also transfer to voluntary status. If, however, the individual has a criminal charge, they will be taken into custody by the appropriate law enforcement agency.
Can Baker Act Patients Have Visitors
When a person is deemed mentally ill or dangerous to the rest of the community, police and licensed mental health professionals could authorize that the individual is baker acted.Under the Florida Baker Act, Section 32.03 states that patients have the nine fundamental rights to receive adequate treatment have individual dignity express their informed consent report any abuse, visitation, and communicate receive quality treatment, vote in public elections have custody and care of their personal things participate in their discharge or treatment planning and petition for their habeas corpus.
Dual Diagnosis Treatment In Port St Lucie Florida
The Port St. Lucie Hospital is one of the dual diagnosis residential treatment centers in Florida that offers inpatient mental health and addiction treatment at the same time. As a Baker Act-receiving facility, we also offer crisis care for those suffering from acute psychiatric distress. The facility also offers medical detox services, which means that the multidisciplinary staff can treat a patient from crisis care admission to detox, to mental health and addiction treatment completion.
In addition to these services, the Port St. Lucie hospital also offers adult and senior mental health programs, and a partial hospitalization program. Each of these programs can be tailored to individual patient needs.
We welcome you to our facility. From Baker Acts to dual diagnosis, support groups, and individual therapy treatment options, we are here to fight the battle with you. Reach out to us online today, or call us at .
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Visits And Telephone Calls
You have the right to receive visitors of your own choosing daily and in private, at reasonable times. You have the right to reasonable access to a telephone to make and receive confidential calls, unless the calls violate a criminal law or would unreasonably infringe on other persons use of the telephone. You also have the right to visit or talk by telephone with your attorney or legal advocate, physician, psychologist, clergy, or social worker, at reasonable times.
When visits or telephone use may be temporarily suspendedYour right to telephone calls and to have visitors may not be restricted unless such access presents an imminent risk of harm and there is no other less-restrictive way of preventing that harm, or unless such access significantly interferes with the operation of the facility. This restriction may not last longer than necessary and must be documented with specific facts in your medical record.
Can Baker Act Patients Refuse Treatment
Can a Baker Act be applied to substance abuse?
Also, if a loved one has a substance abuse problem as opposed to a mental condition, the Baker Act does not apply. As mentioned previously, Floridas Marchman Act should be considered. Conditions which merely produce antisocial behavior are also not a part of the Baker Acts mental illness definition.
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Its An Alternative To Jail Or Prison
Something else that has a strong correlation with drug use? Getting in trouble with the law. Approximately 20% of all incarcerated Americans are there for a drug offense. Unfortunately, as many prisoner-advocates have pointed out, most jails and prisons are poorly equipped to treat substance abuse. Of the more than 3,200 jails in the country, only 23 provide medically-assisted treatments such as Suboxone or methadone. The Baker Act can circumvent criminal processing and have them go to a facility to receive help for drug use, rather than immediately being imprisoned.
Accredited By The Joint Commission
For members of the public who have questions or concerns regarding patient quality or safety, please contact the hospitals administration at 1-352-596-4306, or write 7007 Grove Road Brooksville, FL 34609 or email . Alternately, members of the public may contact the Joint Commission directly at 792-5000 or electronically at the www.jointcommission.org
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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.
What Is ‘section 17 Leave’
Going on leave from the hospital should form an important part of your care as you recover.
This means that while detained under the Mental Health Act, you may be able to leave the hospital if authorised by the doctor or clinician in charge of your care .
This leave is often referred to as “section 17 leave”, as it’s Section 17 of the Mental Health Act that allows this leave.
The responsible clinician in charge of your care can place conditions on the leave, such as where you should stay while away from the hospital and whether this will be for a fixed period of time.
You should be given a copy of the Section 17 leave form that sets out these conditions so you’re clear what they are.
The responsible clinician can revoke your leave and make you come back to hospital at any time.
If you do not return to the hospital at the end of the leave period, you can be made to go back to the hospital.
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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.
Who Can Baker Act In Florida
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In Florida, the Baker Act allows for involuntary examination of a person who appears to have a mental health disorder that poses a threat to themselves or others. A court order is not required for someone to be involuntarily Baker Acted. A mental health professional, law enforcement officer, or concerned family member can initiate the process.
Baker Act provisions allow for a mental health evaluation to be carried out and for a crisis to be de-escalated with a reasonable amount of time. In addition to naming the act, former Florida congressman Maxine Baker was involved. It was established as part of the Florida Mental Health Act of the early 1970s. If a person is actively displaying signs of severe mental illness, calling the police will initiate the process for them to be Baker Acted. If you are unable to obtain an evaluation by petition, you may be able to petition the court for a mental health evaluation. The Marchman Act is intended to apply to a person who is incapacitated from substance abuse rather than mental illness. There is a mental health program at Port St. Lucia hospital for adults and seniors, as well as a partial hospitalization program.
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What Does The Term ‘being Sectioned’ Mean
The Mental Health Act is structured in many sections.
If someone says, “You’re being sectioned under the Mental Health Act”, they mean you’re detained according to a particular section of the Mental Health Act.
In most cases, you’ll be told which section of the Mental Health Act applied in your case. For example, “You’re detained under Section 2 of the Mental Health Act”.
Receiving Ongoing Voluntary Mental Care
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What Happens After The Baker Act Has Expired
Within 72 hours, the person must be released, either for outpatient treatment or on their own recognizance, unless:
- They are charged with a crime, OR
- They give express and informed consent to voluntarily be held or admitted.A physician must certify that the individual is able to make well-reasoned, willful and knowing decisions about their mental health and medical conditions, OR
- The facility administrator files a petition for involuntary placement with the circuit court
Note that in the latter example, the initial three-day holding period may be longer if a weekend or a holiday falls within that period. In that case, the petition must be filed on the next business day.
If the facility administrator has filed a petition for involuntary placement, a hearing will be held within five business days. The only exception is if the subject of the Baker Act requests and is granted a continuance from the court.
The individual has a right to representation. Unless a private attorney is hired, a public defender will be appointed to represent them. An independent expert examination can be provided by the court on behalf of the person.
The state attorney represents the state. However, one of the facility professionals who filed the petition must be present as a witness.
The court first hears testimony as to whether the individual is competent to elect voluntary treatment. If they are not, a guardian advocate is appointed.
Can You Baker Act Yourself
There is no simple answer to this question as the Baker Act is a legal process that can only be initiated by a professional such as a doctor or law enforcement officer. However, it is possible for someone to voluntarily commit themselves to a mental health facility under the Baker Act if they are deemed to be a danger to themselves or others.
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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:
Personal Possessions And Searches
You have the right to wear your own clothes and to keep personal items, including certain toilet articles, as safety permits. You have the right to individual storage space and to keep and spend a small amount of money. You have the right not to have unreasonable searches of yourself or your possessions.
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Powerlessthe Problems With Floridas Baker Act
In the coming months, the Times will explore the unintended consequences of Floridaâs mental health law. This is the first in an occasional series.
Some patients describe getting virtually no psychiatric treatment. Meanwhile, people at risk of suicide have been allowed to hurt themselves, and helpless patients have been attacked on the ward.
For this, the hospital charges up to $1,500 per night.
The Times analyzed thousands of hospital admission records and reviewed hundreds of police reports, state inspections, court records and financial filings.
The documents â and interviews with 15 patients and their families or advocates â show the hospital uses a variety of tactics to keep patients beyond 72 hours. Some are tricked into thinking theyâve waived their right to leave. Others are forced to wait for court hearings that never happen.
The patientsâ stays are typically stretched just a few extra days. But keeping all of the hospitalâs Baker Act patients even one additional night would add about $1.4 million in annual revenue, according to figures provided by the hospital.
Can A Suicidal Patient Leave The Hospital
In fact, in many cases today, patients are discharged before they feel they are ready to go home, while they are still feeling somewhat overwhelmed and suicidal. If you enter the hospital on a voluntary basis, you are typically free to leave the hospital once your level of suicidality has decreased.
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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.
What Else Do Family Members Need To Know
If you have a loved one who has a mental illness and believe they are a threat to themselves or others, talk to a mental health professional or another person qualified to initiate the Baker Act. These professionals include:
- Physicians with mental health training
- Clinical Psychologists
- Law enforcement personnel
Adults can use the Baker Act to apply for voluntary admittance to an inpatient treatment facility. Parents can also use the Act to have their loved ones voluntarily admitted. The Baker Act requires substantial evidence, showing a persons recent behavior suggests they pose a risk to themselves or others.
At We Level Up Treatment Center provides world-class care with round-the-clock medical professionals available to help you cope. In addition, we work as an integrated team providing information about the Baker Act and other aspects of treatment. Make this your opportunity to reclaim your life. Call today to speak with one of our treatment specialists. Our specialists know what you are going through and will answer any of your questions.
Your call is private and confidential, and there is never any obligation.
FAQs
Can you visit someone who is Baker Acted?
Yes, unless having visitors will be harmful to the person being treated. If a facility wants to restrict visitors from a patient, they must file a written notice documenting visitation refusal.
Do you call 911 to Baker Act someone?Can you baker act yourself?
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Can You Commit Someone To A Mental Hospital In Ca
Section 5150 is a section of the California Welfare and Institutions Code which allows a qualified officer or clinician to involuntarily confine a person deemed to have a mental disorder that makes them a danger to him- or herself, and/or others and/or gravely
Can I get a job after being Baker Acted?
Can you get fired for being Baker Acted? No, that is not the case. In fact, it is illegal for a corporation to terminate you if your handicap or mental condition is the reason for your termination. You can also use your legal right to a reasonable accommodation to continue working despite your mental health issues.