Can Baker Act Patients Refuse Treatment
A patient can technically refuse medication, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility…. see details
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.
Will You Help Me To Baker Act My Minor Child
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Just about a week ago, I had a call from a frantic mother. Her eight-year-old son apparently was having some breakdown. The child was having a tantrum, and the mother could not control the situation. She called me and said, I want you to Baker Act my child. My response to her was, No, I am not going to baker act your child. If you call me and ask me to Baker Act anyone, my answer is almost certainly going to be no.
As an uncle to five nieces and a grandniece, I understand that sometimes children have issues. But unless its an emergency, you should not be calling 911 to have your child, or frankly, anybody else baker-acted. The Baker Act, which I have said on many occasions, is a very useful tool, but its only for emergencies. It is an emergency stabilization statute, and its not a treatment statute.
I understand that children can sometimes get out of control. However, calling a lawyer and asking them to get a court order to authorize law enforcement to come down and handcuff your child and take your child away is not something that Im going to condone or support.
I get calls from lots of parents whose children are being baker-acted inappropriately, and handcuffed in the back of police cars. They are taken into facilities, and then their child falls into the black hole, which is the state mental health system. They hire me to get their child out.
With that said, I appreciate the call from this parent.
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What Is Psych Hold
Commonly referred to as involuntary commitment, a psychiatric hold is a legally mandated stay at a psychiatric facilityin most states, 72 hours or less. 1. The intent of such a hold is aimed at providing a safe space and professional care to those going through a mental health crisis…. read more
Involuntary Baker Act Admission
An involuntary Baker Act admission occurs upon a finding by a court that:
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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:
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.
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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.
Cs/cs/hb : Mental Health And Substance Abuse
GENERAL BILLbyAppropriations Committee Children, Families and Seniors Subcommittee Maney Borrero Botana Casello Chaney Driskell Hunschofsky Maggard Rizo Roach Salzman Silvers
Mental Health and Substance Abuse Revises & provides terminology & requirements relating to petitions & procedures for voluntary & involuntary admissions, examinations, & treatment under Baker Act & Marchman Act provides appropriation. APPROPRIATION: $633,000
Related Bills
| Maney | Linked | Last Action: 3/14/2022 H Died in Government Operations Subcommittee companion bill passed, see CS/SB 1844 , SB 7008 |
| Mental Health and Substance Abuse | Children, Families and Seniors Subcommittee | Compare |
| Mental Health and Substance Abuse | Burgess | |
| Mental Health and Substance Abuse | Bean | |
| Bean | Compare | Last Action: 3/14/2022 H Died in Messages companion bill passed, see SB 7008 , CS/SB 1844 |
Bill Text
| Remove everything after the enacting clause and insert: | Maney |
| Between lines 1403 and 1404, insert: | Maney |
| Children, Families and Seniors Subcommittee | 1/28/2022 10:39 AM |
| Criminal Justice and Public Safety Subcommittee | 2/8/2022 6:08 PM |
Vote History – Floor
No Chapter Law citations.
Identical bill Companion bills that are identical word-for-word, not including titles. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word “House” or “Senate.”
Compare bill Bills that have selected provisions that are similar in text.
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The Baker Act Reporting Center
The College of Behavioral and Community Sciences at the University of South Florida runs the Baker Act Reporting Center. For two decades, the reporting center has organized and analyzed involuntary examination data, including involuntary examination of minors.
If you are a worried parent or family member, the Baker Act Reporting Center can be helpful. Through an interactive map, it notes locations of Baker Act Receiving Locations by county throughout Florida. Under the law, a designated receiving facility is a location approved by the department that provides, at minimum, emergency screening, evaluation and short-term stabilization for mental health or substance abuse disorders. It may have an agreement with a corresponding facility for transportation and mental health services. Some counties do not have any receiving facilities, while others have many Miami-Dade County has dozens of receiving facilities.
Does Florida Follow The 7 Year Rule Background Checks
Florida has no laws that limit how far back an employer can look into a candidate’s past regarding criminal convictions. However, the state does abide by national laws, including the FCRA. The FCRA’s seven-year rule mandates that arrests not be reported for more than seven years on any background check.… read more
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Can My Parents Baker Act Me
Adults can use the Baker Act to apply for voluntary admittance to an inpatient treatment facility. Parents can also use the Act to have a minor child voluntarily admitted. The Baker Act requires substantial evidence, showing a person’s recent behavior suggests they pose a risk to themselves or others…. see details
How Can I Get Out Of Being Baker Acted
If your loved one wants to get out of a receiving facility, you need to file with the court first. This would be a petition demanding that your loved one be released immediately. You could handle this with the assistance of a Baker Act attorney…. continue reading
The Baker Act involuntary examination criteria require that a person either refuse or be unable to determine examination is necessary. A refusal is clear…. read more
Yes, the police can speak to, question and even detain a minor without contacting their parent or guardian in Florida.… read more
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Juvenile Baker Act In Florida: Voluntariness Of Consent To Admission Into Receiving Facility
Prior to voluntary admission in a Baker Act Receiving Facility, there must be a hearing to verify the voluntariness of the guardians consent to observation, diagnosis, and treatment of the minor. Every person that enters a receiving facility must be asked if they want to give express and informed consent for admission and treatment. If that person is a minor, express and informed consent must come from the guardian as well.
The Baker Act in Florida requires that a receiving facility fulfill certain requirements. In Florida, the facility is designated by the Department of Children and Families to care for people who are subject to the Baker Act. These facilities have psychiatrists, nurses, and staff with special training which qualifies them to handle Baker Act cases. There are strict requirements of the receiving facility under the Baker Act as a persons individual right to liberty is affected by the initiation of a Baker Act. Additionally, every person subjected to the Baker Act must be fully informed of their individual rights upon admission.
Changes To Florida Law Helps Protect Children And Parental Rights
The headquarters for CCHR Florida are located in downtown Clearwater.
Tampa Bay area attorney and former Assistant Public Defender of the Thirteenth Judicial Circuit, Carmen Miller, Esq., is the featured speaker at the seminar on mental health rights.
As reported by the Baker Act Reporting Center, more than 37,000 involuntary psychiatric examinations were initiated on children across the state.
Currently there is the equivalent of one hundred Baker Acts initiated on a child every day of the year.
The mental health law currently allows for individuals of all ages, including children, to be taken into custody and sent for an involuntary psychiatric examination.
The passage of the Parents Bill of Rights and the School Safety Bill created greater protection from involuntary psychiatric holds for children.
Parents have the right to direct the mental health care of their children and by law should be given the opportunity to make these decisions. It is imperative that these changes are understood.
Diane Stein
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Who Can Lift A Baker Act In Florida
A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the …… see more
How Do I Expunge My Baker Act In Florida
Law enforcement initiates the Baker Act about 49 percent of the time. Usually, that person never has any court interaction. Therefore, there is no court record to expunge. However, there remains a police incident report. There is no procedure in the law to expunge or seal the records of a Baker Act…. see details
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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.
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.
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Revising The Baker Act
By Florida Weekly Staff | on January 26, 2022
THE NIGHTMARE SCENARIO BEGAN WHEN A 9-year-old Palm Beach County boy who has autism became upset in his third-grade class and started to rip up and eat pieces of paper. with the child being taken away, handcuffed, in a police car, to undergo an involuntary psychiatric examination
He was forcibly removed under the Florida Mental Health act, commonly known as the Baker Act. The boy, now 11, is known as E.S, one of the plaintiffs in a lawsuit against the Palm Beach County School Board and other officials where the involuntary examination was initiated.
He also is one of 37,882 Florida children taken for involuntary examinations in the 2018-2019 fiscal year, according to The Baker Act Reporting Center at the University of South Florida. Minors made up 18% of the 210,992 people taken for involuntary psychiatric exams that year.
The skyrocketing number of children being seized in Florida under the Baker Act prompted an investigation by the Southern Poverty Law Center. Their 2021 study showed that the number of children held for involuntary psychiatric exams had increased more than 150% in 18 years.
In fact, the Baker Act has been used so often that it has become a verb. Someone taken away under the law is said to be Baker Acted.
POWELL
The criteria for Baker Acting someone has remained the same for children as it is for adults.
Senate Bill 1510, Mental Health of Minors, was filed by Sen. Bobby Powell
DRISKELL
BROWN
VAN DRIE
Who Can Lift Baker Act In Florida
A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the …… see details
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My Loved One Has Prior Mental Health Problems Can You Still Assist
Absolutely. We understand that mental illness is extremely challenging, and episodes can reoccur. Weve assisted many Baker Act clients who have loved ones with prior mental illness or law enforcement incidents. Our professional team can help to secure their release from a Baker Act regardless of the patients clinical record or his or her mental illness.
When It Comes To Children Florida’s Law Regarding Involuntary Commitments For Psychiatric Treatment Is Applied Inconsistently
For more than 15 years, the number of children who are referred for involuntary psychiatric evaluations under the Baker Act has increased at a faster pace than any other age group. The law was not designed to be used on children and many child advocates are pushing for change. They say there should be provisions to ensure children are treated differently than adults. In the fifth and final part of this series on the Baker Act, we examine the challenges faced by advocates who want to improve the law.
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The Baker Act And Parental Rights
As a parent of a minor, you have many rights in regard to making decisions for your child and controlling various aspect of your childs life. You decide where he lives, goes to school, whether he is raised in a particular religion and where the child receives medical care. However, your right to control your children is not absolute, particularly as they become more independent adolescents. The Baker Act offers you the opportunity to get your child help when needed, but it does not enable you to automatically institutionalize your child.
Under the Baker Act, a minor can voluntarily admit herself into a mental health facility. However, as the parent, you must apply for the minors admission into the facility, and there must be a judicial hearing to ensure that the minor is competent and acting voluntarily. If a minor is voluntarily admitted, she can also revoke that consent to treatment and must be discharged within 24 hours, unless transferred to involuntary status.
“Baker Acting” a minor in Florida is a serious process through which you force a child or adolescent to participate in outpatient or inpatient mental health treatment instead of the minor voluntarily going to a mental health facility. An adult or minor may be involuntarily admitted if a court finds, by clear and convincing evidence, that they have a mental illness, and because of this illness: