What Happens After The Involuntary Examination Period
The involuntary examination period cannot exceed 72 hours for adults and 12 hours for minors. Within that time, a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders must examine the individual. After completion of the examination, one of the following must happen:
- The person is released unless charged with a crime.
- The person is released for outpatient treatment.
- The person gives informed consent for voluntary placement in a treatment facility.
- Medical professionals file a petition with the circuit court for involuntary placement.
The receiving facility cannot file a petition with the court for involuntary placement unless they have documented clear evidence the person is mentally ill, is in danger of self-neglect, and poses a threat to themselves or others.
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.
Baker Act Complaints About Law Enforcement
Law enforcement officers should clearly explain why they have invoked the Baker Act to admit a person whom they have encountered. Their report should contain statements and information supporting the use of this act. Some of the specific reasons for involuntary examination include:
- Harm to self or others the belief a person could cause serious harm to themselves or others
- Neglect or refusal of care the officer has an expectation there is no family intervention to ensure the person will take care of themselves.
A combative prisoner, a person under the influence of drugs or alcohol, or a party to a domestic dispute should not automatically mean the officer should seek involuntary examination under the Baker Act. If this is the case, the patient has a right to request an internal affairs complaint be lodged against the officer. A Baker Act lawyer can file this complaint.
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What Are The Criteria For A Baker Act
An individual may be taken to a receiving facility for involuntary examination under the Baker Act if:
- There is reason to believe he/she has a mental illness and due to the mental illness, the individual has refused or is unable to determine if examination is necessary and either
- Without care or treatment, the individual is unlikely to care for themselves which can result in substantial harm to their well-being, and it is not evident that harm can be avoided through familial intervention or other services or
- It is likely, based on recent behavior, that without treatment, the individual will pose a serious threat to themselves or others.
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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How Long Has Your Firm Been Advising Clients On Baker Act Law
Our team has been providing dedicated support for issues relating to the Florida Mental Health Act for over 20 years. We specialize in helping clients overcome every issue associated with the Baker Act, including related legislation like the Drug Services Act or Marchman Act. Over the years, weve encountered every issue, from express and informed consent to hundreds of involuntary examinations.
What Does Involuntary Examination Mean In Florida
In Florida, involuntary examination refers to the 72-hour Baker Act period. Individuals that behave in an irrational way and could be capable of bodily harm to themselves or others are held for a period of involuntary examination. We can assist with all matters relating to the involuntary examination hold period. Our team has a deep knowledge of all legal issues surrounding involuntary examination, and individuals who have refused voluntary examination.
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Florida Baker Act Criteria
In order to temporarily commit someone to a mental hospital they must meet the following criteria:
- The person is mentally ill .
- The person refuses a voluntary mental health evaluation or doesnt understand why one would be necessary.
- The person is a threat to themself or others, or the person is incapable of caring for themself.
A person may also choose to a voluntary Baker Act, but they must be willing and able to consent to treatment.
Behaviors that Indicate a Mental Health Crisis
In general, behaviors that can be considered indications of a mental emergency include the following:
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.
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Where Can I Find Additional Information And Forms
A FREE online course teaching the intricate detailing the Baker Act, Marchman Act and Guardianships is available at the Florida Certification Board and supported by the Florida Department of Children and Families, Office of Substance Abuse and Mental Health .
The Florida Department of Children and Families has prepared a complete Baker Act manual with all necessary forms. It is available at 2014 Baker Act: The Florida Mental Health Act, User Reference Guide
What Is The Criteria For Involuntary Examination In Florida
In Florida, the general criteria for involuntary examination are:
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.
Evidence must exist from a law enforcement official, physician, clinical psychologist, psychiatric nurse, or clinical social worker to support the Baker Act involuntary examination.
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What Is The Baker Act
The Baker Act in Florida enables involuntary, also known as emergency, mental health services to become available to a person who cannot or will not request help themselves. This may include law officials or family members who recognize the need for a person to receive immediate help. The emergency services available may include admission into a treatment center or hospital. Though the law is straightforward, there is much to know about how it works and when it can be used.
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.
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Why Does The Baker Act Exist
The Baker Act is designed to assist members of the community that have failed to voluntarily seek treatment for mental health issues and require an involuntary assessment to protect themselves or members of the community. However, the powers of the Act are broad and can be misused by law enforcement officers or mental health professionals.
What Happens After The Baker Act
In cases where the person has a mental condition and addiction side by side, these are called co-occurring disorders. It is very common for addiction to go hand in hand with depression, PTSD, or other mental health challenges. In these cases, the person under the Baker Act order may go to a Florida rehab or addiction treatment center.
We specialize in Marchman and Baker Act Florida substance abuse treatment. Our team of professionals can help develop the right long-term addiction treatment plan for those who are struggling to accept treatment or remain in recovery. Contact us today for guidance on pursuing help for someone who is unable to help themselves.
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What Is The Florida Baker Act
The Baker Act is known as the Florida Mental Health Act, Florida Statutes 394.463. The Baker Act can be used only in situations where the person has a mental illness and meets the criteria for voluntary or involuntary admission. The Baker Act is a Florida law that provides for involuntary treatment for people with mental illnesses. The law allows them to be involuntarily held for up to 72 hours for examination or treatment in a mental health treatment facility if, due to the mental illness, they are a danger to themselves or others. It is possible that a person could be court ordered into involuntary treatment for up to 6 months.
The law specifies three criteria for involuntary examination:
There is reason to believe the person is mentally ill. AND ,
Due to the mental illness, the person has refused a voluntary examination or is not competent to make a voluntary decision. OR,
Without treatment there is a substantial likelihood the person is a danger to himself or others.
The law specifically excludes intoxication from the Baker Act’s definition of mental illness, or conditions manifested only by antisocial behavior or substance abuse impairment.
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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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.
LEGAL CONSIDERATIONS
Serving all of Florida
Governor Signs Baker And Marchman Acts Legislation
Sen. Aaron Bean
Gov. Ron DeSantis has signed incremental reforms to the Baker and Marchman acts, the Florida laws that govern the voluntary and involuntary treatment of people with mental health and substance use disorders, respectively.
Gov. Ron DeSantis on April 6 signed 42 bills, including SB 1844 by Sen. Aaron Bean, R-Jacksonville.
When he introduced the measure February 1 to the Children, Families and Elder Affairs Committee, Bean said he had hoped to pass comprehensive reforms including making the state, not relatives and caregivers, a party of interest in Marchman Act proceedings.
I embarked on a journey at the beginning of this session. . . to do a very major overhaul, Bean said. I had bold plans.
But Bean said he was forced to whittle the 50-page proposal to five pages after failing to reach a consensus with various stakeholders.
Over the last several weeks, I have come to realize. . . our Marchman and Baker acts dont need major overhauling, they just need some minor tweaks, he said.
The amended version removes a requirement that Baker Act receiving facilities conduct a voluntariness hearing, for voluntary admissions of patients younger than 18 who meet certain conditions, including having the consent of a parent or guardian.
Another provision would give law enforcement officers discretion in deciding whether to detain and transfer a patient to a Baker or Marchman act facility.
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What Is The Difference Between The Marchman Act And The Baker Act
While the Baker Act can be used when an addiction has reached the point of endangering a persons life, when it comes to substance abuse intervention help, the Marchman Act is more commonly used in Florida. If you are considering the Marchman Act vs. the Baker Act, keep these factors in mind:
- Both the Marchman Act and the Baker Act allow a person to be held for 72 hours for involuntary examination.
- If the reason the individual is unable to recognize their need for treatment is due to a mental health disorder, the Baker Act is appropriate.
- If the reason the individual cannot or will not agree to enter treatment is due to a substance use disorder, the Marchman Act is used.
- The two laws may overlap, because addiction is classified as a mental health disorder, so in some cases either path might be appropriate.
- Involuntary commitment is limited to 90 days, with one renewal of 90 days under the Marchman Act.
- Involuntary commitment under the Baker Act will continue until the patient has improved to the point that they can safely care for themselves, a guardian is appointed to make decisions for them, or they agree to voluntary treatment.
How Does The Process Work
The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual is not open to voluntary treatment for a severe mental health crisis, family members, health professionals, law enforcement or others can ask the circuit court for an involuntary mental health examination.
Ordered by Court
A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. If a judge grants the order, a law enforcement officer enforces the ruling by taking the person into custody and transporting them to the nearest receiving facility.
Court Hearing
The court must conduct the involuntary placement hearing within five days. A court-appointed public defender represents the person unless they have other legal representation. The defendant has the right to an independent expert examination provided by the court.
The court considers testimony and evidence regarding whether the person is competent to consent to treatment. If found not competent, the court appoints a guardian advocate.
If the court finds the person meets the criteria for involuntary placement, they issue an order remanding the individual to an inpatient mental health facility for up to six months. The court has the option to extend this period.
Ordered by Health Professional
Examination
If the physician determines the persons medical condition has stabilized or is not an emergency, one of the following must occur:
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How To Baker Act Someone In Florida
Parties that can enforce a Baker Act in Florida include the court and law enforcement, medical professionals, and mental health professionals. If youre concerned for the safety of a friend or family member and feel a Baker Act is necessary to evaluate their mental health you have a few options.
First, if a person is actively showing signs of severe mental illness, threatening to hurt themself or others, or appears detached from reality, calling the police will initiate the process of having that person Baker Acted immediately.
Alternatively, you could ask the court to have a persons mental health evaluated by filing a petition. In this case, you would need to provide a written statement that documents the details of the mental illness and the reasons for a Florida Baker Act. You can do this at the countys Clerk of Court office .
It is in the best interest of both parties if the person filing the petition takes the time to find the best mental health hospital and Baker Act-receiving facility to ensure that the transition into treatment is as smooth as possible.