How Is The Baker Act Used In Addiction Treatment
Addiction is often accompanied by a variety of mental and behavioral disorders, so it is not uncommon for loved ones, judges, and law enforcement to use laws like the Baker Act to force someone to get help. Ive treated many people who only got help for their addiction after they were court-ordered for an evaluation. But, intoxication and substance abuse impairment by themselves are not covered under the Baker Act. The individual must have a verifiable mental illness that ties into their addiction for the law to apply.
Its also important to keep in mind that a 72-hour hold and evaluation is not sufficient treatment for addiction or mental health disorders. This law exists simply to create an avenue where someone who is struggling can get evaluated and referred to further treatment. The next stage of treatment could be at a mental health facility or a substance abuse facility, like our alcohol rehab Panama City. Without thorough follow-up treatment, addicts who are Baker Acted usually return to using drugs once discharged from the 72-hour hold.
The Story Of Tonya Williams
A story in the Orlando Sentinel details the 2015 story of Tonya Williams, 25, who stopped eating and threatened to kill herself. After her mother called 911, Williams was held for 72 hours and subsequently let go. The next day, after her mother begged that Williams be taken in again, Williams ran into traffic and killed herself. Her suicide followed eight years of struggling with mental illness.
Of nearly 195,000 Floridians taken into custody for a Baker Act evaluation in fiscal year 20152016, the most recent data available, most were released with no follow-up, according to the Sentinel.
Is There A Link Between The Baker Act And Patient Suicides
According to the Agency for Health Care Administration, Suicide is the eleventh leading cause of death in the United States.
According to Medicaid data, half of the Baker Act examinations that occur annually are covered by Medicaid, and those patients are three times more likely to die by suicide when examined under the Baker Act. AHCA says that the problem lies in problems with diagnosis and access to key services when patients are released.
People working at mental health facilities or substance abuse treatment centers who came into contact with people being discharged from the Baker Act said that the resources provided to patients were inadequate upon leaving the facility. More than two-thirds of respondents thought that the accessibility of substance abuse treatment services for clients upon discharge was less than adequate or not adequate.
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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.
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.
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What Is The Baker Act How Do You Baker Act Someone
The Baker Act allows for the temporary detention and examination of people showing evidence of mental illness and who are in danger of harming themselves or others. This includes danger from self-neglect as well as physical harm.
Although the official name is the Florida Mental Health Act of 1971, the statue is commonly called the Baker Act after one of the bills co-sponsors, former Florida state representative Maxine Baker.
The Baker Act was aimed at preserving the rights of those who are involuntarily committed. It replaced the states previous mental health law originating in 1874, frequently referred to as draconian.
The new statute set stringent criteria for invoking the Baker Act, as well as time limit on evaluations and for involuntary treatment requests based on those evaluations. Representation was now required for those who are Baker Acted, among other provisions.
The Baker Act is sometimes confused with the . Floridas Marchman Act also allows for involuntary evaluation and commitment, but it is for substance abuse treatment.
Although the Baker Act is just a Florida statute, people across the country use the term baker acting to mean the process of involuntary committing someone. There are laws in almost every state , however, that authorize some form of involuntary commitment.
Can You Get Fired For Being Suicidal
A call off expressing suicidal thoughts is likely not something that should warrant an automatic termination. An employer would want to remain objective and recognize the situation as an accommodation request. Jane is indicating what is going on and that she needs leave time to attend medical treatment.
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The Court Orders The Evaluation
Once a person petitions the court providing information, the court issues an ex parte order. That means an involuntary evaluation is required. A judge must grant this order based on the information available. Then, a law enforcement officer takes the person into custody and transports them to a location for help.
The Americans With Disabilities Act
Mental health conditions qualify under the Americans With Disabilities Act as a condition where you can seek reasonable accommodation to be able to perform your job better. In this instance, that accommodation may be time off work to seek the treatment you need. Your employer cant fire you for disclosing that you have a mental health condition and may be able to give you the accommodations youre requesting through another important law.
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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.
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.
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The Baker Act Process
The formal process for using the Baker Act is fairly straightforward. As noted, only judges, health care and mental health professionals, and law enforcement personnel can initiate the proceedings. To do that, there are certain procedural requirements that they must follow:
Judges can issue what are known as ex parte orders. That type of order is used when the court has only heard from one side in a controversy. Typically, the court will be presented with evidence that a person could be suffering from mental health issues that make him or her a risk to self or others. If the judge finds that the evidence is compelling, an order will be issued to direct law enforcement instructing them to deliver the person to a mental health facility for examination.
Medical and psychiatric personnel have a different process to follow when they use the Act. Doctors, social workers, and mental health professionals need to provide formal certification of a recent examination that revealed that the patient is a candidate for involuntary commitment. That certificate is given to law enforcement personnel, who then take the person into custody and transport him to an examination facility.
Law enforcement personnel are permitted to deliver anyone who seems to be risk to himself or others to an appropriate mental health facility.
Purpose Of The Baker Act
The key aim of the baker act is to offer time for a mental health analysis or evaluation to be deescalated or to be performed in a crisis. The evaluation will ensure whether a person is facing a mental health issue. If the individual is found not to dont represent a danger for others and himself, they will be free after the holding period.
The baker act calls like this after the former representative of Florida, Maxine Baker. It begins in the early 1970s as a component of the Florida Mental Health Act. This act is beneficial for the mental health issues of individuals who are not dangerous for themselves and other people.
Implementing the Baker act is important because mental illness and disorders like depression relate to unemployment and disability. The mental disability contributes to an individuals ability to complete the physical and mental jobs in about 20 of the job. It also decreases cognitive performance to about 35%.
Similarly, unemployment affects the mental health of a person in multifold ways. An increase in job insecurity can lead to depression symptoms. It also implies negative effects on a persons self-confidence, self-esteem, and an increase in a feeling of distress.
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Is It Possible For A Baker Act Patient To Decline Treatment
Some transport firms believe that they must release anyperson on voluntary status upon demand. The Baker Actinvoluntary examination criteria require that a person eitherrefuse or be unable to determineexamination is necessary. A refusal is clear. It maybe a person who rapidly changes his/her mind aboutcare.
What Comes After Youre Evaluated
According to the Florida Department of Children and Families , one of the following must take place within the 72-hour examination period:
- unless charged with a crime, the person must be released
- the person must be released to outpatient treatment
- the person must be asked and give consent to voluntary admission for inpatient treatment
- the designated receiving facility must file a petition with the courts to request additional involuntary treatment through a court order
If a person held under Floridas Baker Act is taken to court, they will be appointed a public defender to represent them, unless they have external legal representation.
A hearing for additional involuntary placement must occur within five days.
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Is It Ok To Take A Day Off For Mental Health
Can you take a mental health day? Some companies have built-in PTO to take care of yourself in the form of sick, personal, or vacation days. If you company does, its okay to be brief when requesting the day off. In other words, you dont have to tell your employer youre tending to anxiety or burn out.
Working Of The Bankers Act
If the person is found, the Bakers acted and taken to the mental health hospital, also known as the baker act receiving facility. The person passes examinations for 72 hours by mental health doctors. Suppose the person is harmful according to two different mental health doctors.
In that case, the patient will join a mental health facility either under the involuntary patient placement or voluntarily. But, commonly, outpatient mental health treatment is great for people with mental illness who do not require 24 hours care and attention.
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What Does The Baker Action Not Cover
The Baker Act cannot be used in all circumstances. In essence, any case that falls outside of the three criteria is beyond the purview of this specific law. For example, developmental disabilities are not considered a mental illness as a result, someone cannot be Baker Acted for having one and refusing treatment.
Intoxication and substance abuse impairment alone are also not covered under the Baker Act. Instead, those who are a threat to themselves or others because of their addiction are subject to Floridas Marchman Act. The Marchman act applies the same concept as the Baker Act where families can petition the court to force their loved one into addiction treatment.
While the Baker Act is unique to Florida, most other states have their own laws surrounding court-ordered treatment. One example is Caseys Law in Kentucky and Ohio.
A Person Must Be Impaired
The individual must be emotionally or mentally impaired. That means that they are unable to control their own actions, or they may not understand reality. However, it does not include instances in which a person is under the influence of a substance nor instances in which a person has a developmental disability. More commonly, they are in a state of psychosis and unable to make rational decisions.
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What Happens When You Baker Act Someone
Mental illness is one of the biggest topics of conversation in America today. More people than ever before are sharing their stories about living with mental illness in an effort to normalize what was once viewed as being taboo and shameful. This awareness does not change the amount of people who are grappling with the effects of mental illness, but it does empower people to help those in need.
In the state of Florida, the Baker Act was legalized in 1972 and named after then State Representative Maxine Baker, who sponsored the act. The Baker Act Florida is designed to be utilized as a worst-case scenario tool for the friends and family of loved ones who are not within their own means and abilities to care for themselves due to mental illness.
What Are The Consequences Of Being Baker Acted
As a result, people cannot be involuntarily institutionalized simply because they’re acting strangely, refuse to seek psychiatric examinations, or have occasional mood swings or outbursts. There must be ample evidence of possible mental illness, coupled with a strong potential for harm to self or others.
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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.
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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