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Basics Of The Florida Baker Act

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The Florida Mental Health Act, more commonly known as the Baker Act, was passed to allow for the creation of mental health programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. Section 394.453, Florida Statutes.

The Baker Act contains a variety of provisions ranging from screening to appointment of legal guardians. However, the Baker Act is most commonly known for the involuntary evaluation and confinement provisions. Being involuntarily confined for a mental health exam in Florida is commonly called being Baker Acted.

The rights of a Baker Act patient are spelled out in Section 394.459, Florida Statutes. They include receiving a physical exam within 24 hours of arrival at the facility , Fla. Stats.) requesting a writ of habeas corpus in accordance with Chapter 79, Florida Statutes . Fla. Stats.).

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 .

How Does The Baker Act Work

When an individual is believed to meet the statutory criteria for involuntary institutionalization, he or she is taken into custody and delivered to a mental health facility for examination. The law applies equally to all persons in Florida, regardless of age. There are, however, some differences in the amount of time that adults and minors can be held. The facility can hold an adult for no more than 72 hours, during which an involuntary mental health examination will be performed. Minors can only be held for 12 hours before the examination is initiated.

If the patient is held for longer than 12 hours, the law requires that he or she be examined by a health care professional within the first 24 hours of institutionalization. That examination must include an assessment of the patients medical stability, and must determine whether there are other factors at play other than psychiatric problems.

Facilities are required to provide notice to patient guardians, attorneys or other representatives no later than 24 hours after admission, and must document all contact attempts. For minors, notification must be provided as soon as the child arrives at the facility though that parent or guardian notification can be delayed by a full day if the facility suspects abuse and has contacted the appropriate central abuse hotline.

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What Are My Firearms Rights When A Baker Act Is Involved

The Florida Baker Act laws require Law Enforcement agencies to confiscate any firearm that is owned or possessed by a person who is taken into custody under a Baker Act.

Additionally, under Florida Statute §790.401, upon the Court issuing a Risk Protection Order, even if it is a temporary Ex Parte Order, the Respondent must surrender all firearms, ammunition in his or her custody, control or possession, as well as any license to carry a concealed weapon or firearm.

In 2019, Palm Beach County State Attorney Dave Aronberg stated in an interview on MSNBC:

That law is being used by law enforcement to get a judge to take away guns from someonewho is deemed a threat to himself or others, It has been used about2,500 times in the state of Florida in the past year and a half.

The good news is, under our U.S. Constitution, Due Process Clause all parties that are subjected to this type of government confiscation of their property, or the infringement on their rights, are allowed an opportunity to contest the governments action in a Court of law.

Cant call now? Fill out the form below and and attorney Mark Astor will respond shortly.

For more information or to schedule a consultation,call or email

Drug and Alcohol Attorneys is a practice dedicated to providing those with mental health and substance abuse disorders with exemplary legal representation and guidance to the appropriate services for a successful future.

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The Americans With Disabilities Act

Who Pays For Baker Act In Florida

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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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.

Mental Health Reporting In Louisiana

Federal law generally prohibits possession of firearms and ammunition by people who have been found by a court, board, commission, or other lawful authority to be a danger to themselves or others, or to lack the mental capacity to contract or manage own affairs, as a result of their mental condition or illness.1 Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.2

No federal law, however, requires states to report the identities of these individuals when they become ineligible to possess firearms to the National Instant Criminal Background Check System database, which the FBI uses to perform background checks prior to firearm transfers. As a result, state record reporting laws are critical to ensuring the accuracy and effectiveness of the background check system.

In 2013, Louisiana enacted a law to require that records of these individuals be sent to NICS.3 The law requires each district clerk of court to report to the Louisiana Supreme Court the name and other identifying information of any adult who is prohibited from possessing a firearm pursuant to state or federal law by reason of a criminal conviction or adjudication in a court of that district for any of the following:

  • A conviction of a crime listed in La. Rev. Stat. 14:95.1
  • A verdict of an acquittal by reason of insanity
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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.

    How Much Does Dba Insurance Cost

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    The cost of DBA insurance is not so straightforward. Like any other insurance coverage, there are several contributing factors, including:

    • The type of work conducted
    • Where the work is carried out
    • How frequently insured employees travel to perform their duties

    You can figure the closest cost estimate based on your total annual salaries paid. For the most part, DBA insurance costs up to $4.50 per $100 in payroll. Most companies require a minimum premium paid by employers.

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    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.

    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:

  • There is reason to believe that a person has a mental illness and, because of the mental illness:
  • The person has refused to be examined, even after conscientious explanation and disclosure of the examinations purpose. Or, due to the persons mental illness, they lack the ability to determine that an examination is needed, AND
  • A lack of proper treatment will pose a real and present threat of substantial neglect from lack of self-care that cannot be avoided by the intervention or help of family members and friends or other available services, OR
  • In the absence of proper treatment, the individual will be highly likely to cause serious physical harm to themselves or others in the near future.
  • 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.

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    Does The Affordable Care Act Cover Individuals With Mental Health Problems

    Yes. The Affordable Care Act provides one of the largest expansions of mental health and substance use disorder coverage. The law requires that most individual and small employer health insurance plans, including all plans offered through the Health Insurance Marketplace cover mental health and substance use disorder services. Also required are rehabilitative and habilitative services that can help support people with behavioral health challenges.

    What Is The Florida Baker Act

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    Many people ask what is the Baker Act? The Baker Act is a law in the state of Florida that allows family members and mental health professionals to provide emergency mental health services and to temporarily detain someone who is impaired and is determined to be a threat to themselves or others. People who require the Baker Act typically cannot commit to safety and need help immediately. Examples of conditions that might warrant the Baker Act are suicidal or homicidal thoughts and urges, especially when there is a clear plan or intent to cause harm, severe and debilitating psychiatric symptoms that prevent an individual from being able to care for him or herself, a sudden and severe worsening of psychotic symptoms that impair normal functioning, any kind of delusion or hallucination that might cause extreme agitation or violence in an individual.

    The Baker Act was put into law in 1972 in the city of Miami by a woman named Maxine Baker who sponsored the bill.

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    Is It Possible To Sign Oneself Out Of A Mental Institution

    Patient who is willing to participate

    If you have admitted yourself into apsychiatric hospital, you can not simply signyourself out and leave when you decide to do so.The hospital staff can try to keep you byasking the court to commit you. If the court ordersyou to stay at the hospital, you become aninPatient who is willing to participate.

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    What Is The Purpose Of The Bakers Act

    According to Representative Baker, the baker act aims to encourage voluntary commitments against involuntary when the person is competent to consent. As an example, to separate the hospitalization process from legal incompetency. In addition, to increase the community care of people with mental illness.

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    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.

    Behaviors That Indicate A Mental Health Crisis

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    In general, behaviors that can be considered indications of a mental emergency include the following:

    • Hallucinations: Hearing voices or seeing things that are not there, especially when the hallucinations suggest self-harm or harm to others, are grounds for Baker Acting.
    • Suicidal Thoughts: A preoccupation with or threats of suicide can warrant a Baker Act in Florida. This is especially true when a person has access to weapons or has a history of self-harm.
    • Not Able to Care for Themself: Declining to take care of basic needs, including sleep, eating, personal cleanliness, medications, or keeping up with their living space, would indicate a mental health evaluation may be necessary.
    • Depression and Hopelessness: Mood disorders, such as depression, that contribute to hopelessness or an inability to function daily indicate treatment may be necessary. What does it mean to Baker Act someone? A mental evaluation must be performed within 72 hours. After 72 hours, the person will be released if deemed mentally stable.
    • Substance Use: While more appropriate for a Marchman Act, excessive substance abuse that hinders a person would be grounds for intervention.

    What happens when you get Baker Acted in Florida? The Baker Acted meaning is that they are taken to a mental health hospital and a Florida Baker Act social work receiving facility.

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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.

    Filing A Dba Insurance Claim

    Eligible workers can file Defense Base Act claims online themselves. Or, they may choose to seek the assistance of an attorney. Since the DBA is a fee-shifting statute, the insurance company pays your attorney fees.

    As long as you meet certain requirements, youre not responsible for legal fees to file your DBA claims.

    Seek medical attention as soon as you suffer a job-related injury. Its important you document everything that occurs from the point of your injury and beyond. Whether you feel something is important or not, accurate records affect your case.

    Another pressing matter post-injury is the time-sensitivity of filing a claim. You must file DBA benefit claims within one year from your injury or final compensation payment. The clock starts at the latter of the two.

    Families of eligible loved ones killed in a work-related accident also have one year to file a claim. But they must notify the employer within 30-days of the fatal accident.

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    Using eCaseView, you may search civil, criminal and traffic cases as well as view and print case documents. eCaseView provides easy access to case information including court dates, charges, sentences, complaints, parties, document images and more.

    Cases that have a status of Sealed / Non Public and certain case types cannot be viewed in eCaseView.

    The following case types are not available in eCaseView .

    • Mental health cases filed by adult protective services
    • Petitions for Injunctions until the respondent has been served

    Only registered users or the attorney of record can see document images for the following case types.

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