Who Can Initiate A Baker Act
The law permits police, family members, and doctors to have an individual committed for an involuntary examination. Such examination may be initiated by any of the following means:
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.
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’s Baker Act Is Overused Inefficient And Inadequate
A state law designed originally as a humane measure to prevent mentally ill people from harming themselves or others is like the canary in the coal mine.
The Baker Act, which allows people to be locked up against their will, was devised in the 1970s to ensure people who posed a danger to themselves or others would get the secure emergency evaluation and psychiatric care needed.
The act was intended to provide short-term involuntary help in crisis situations. People can be committed against their will only after a judge, police officer or doctor first rule the person is ill enough to require a 72-hour in-hospital psychiatric evaluation.
Its use statewide is extensive.
In 2014, this state entered into 181,471 Baker Act commitments. Of those, 17 percent were for patients younger than 18 and 7.5 percent were for people 65 and older.
The eight crisis stabilization units in Duval County initiated 9,830 involuntary commitments during that same year, up 70 percent from only four years before.
While some of these involuntarily commitments are appropriate, questions abound regarding the use of the Baker Act.
PROBLEMS ARE PLENTIFUL
In fact the act itself, and the problems it illuminates, is drawing fire from mental health advocates.
Many people fear it’s being overused.
And they may be right.
Over the past decade, the number of people Baker Acted statewide has increased by 64 percent.
Others contend such involuntary commitments are often abused and misused as well.
REVOLVING DOOR
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.
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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
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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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.
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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
What Does The Baker Act Say
Florida State ArchivesBaker smiles holding a telegram, letters protesting her mental bill .
The statute is voluminous. Pages of definitions. And much of the language is difficult at best to understand or written in a way to ensure that a police officer or family member or therapist doesnt commit someone who is not suffering from a psychiatric emergency. Bottom line: the law says someone can be Baker Acted when abnormalities of thought, mood, or behavior are psychiatric in nature. In other words, if someone is freaking out it must be clear its a psychiatric issue. A trained mental health professional or therapist should know. A parent or cop may not. Indeed, this reporter is aware of a situation where a Florida police department requested a self-aware and in-therapy teen-ager with diagnosed mental health conditions to talk to police officers about what they should be looking for and how to handle a teen in a psychiatric crisis. A hand-raised plea from police: help us help you. One of the positives that may come out of the tragedy that is the Stoneman Douglas massacre, is training of police officers on how to deal with mental health crises and differentiate them from ordinary criminal behavior training for law enforcement who often encounter people suffering from mental illness sometimes a diagnosed condition, sometimes a psychotic break brought on by substance abuse or similar. Knowing the difference is might save a life.
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What Happens When You Baker Act Someone
When a loved one sees a problem occurring and wants to help that individual get help, the first step should always be to ask them to enter into treatment on a voluntary basis. It is the safest option available.
When that does not happen, it may be necessary to go through the steps listed here in order to ensure they receive the level and type of care they need.
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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Baker Act General Goal & History
Floridas Baker Act, also known as the Florida Mental Health Act, is a law encompassed in Chapter 394 of the Florida Statutes that provides comprehensive legal procedures when it comes to mental health treatment and examination.
The law was enacted in 1971 and named after Maxine Baker, a Miami State Representative who sponsored the Act and intended for it to
Encourage voluntary commitments as opposed to involuntary, to separate the process of hospitalization from the process of legal incompetency, to increase community care of persons with mental illnesses, and to facilitate persons return to normal community life. Referring to the treatment of persons with mental illness before the passage of the bill, Representative Baker stated in the name of mental health, we deprive of their most precious possession liberty.
Baker Act & Marchman Act Conference
Florida citizens who might harm themselves or others may be held involuntarily for assessment up to 72 hours. The statute for mental illness is called the Baker Act, for substance abuse, the Marchman Act. There are very specific criteria for committing someone under the Baker Act or Marchman Act. Join us as Martha R. Lenderman, MSW clearly explains how to identify patients legally eligible to implement these statutes and the requirements under the Florida Mental Health Act for appropriate admission and discharge in compliance with the law.
Locations
| Live Event at Baptist Hospital |
| Videoconference to Homestead Hospital |
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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 Is The Florida Baker Act
Watching a loved one suffer from a mental health condition can be extremely distressing. It is especially scary when your loved one refuses to attend treatment for a severe case of mental illness. Unfortunately, many people who struggle with severe mental health symptoms are unable to identify their need for treatment on their own.
Because of the frequency of individuals with mental health conditions refusing treatment, many states, including Florida, have put involuntary commitment laws in place. These laws allow you to force your loved one into treatment for mental health or substance abuse if they meet the criteria and are considered to need this type of intervention.
The Florida Baker Act is a law that allows the loved ones of mentally ill individuals to force them into mental health treatment. If you live in Florida and have a loved one who struggles with mental health, being aware of what the Florida Baker Act is and how it works can help you get your loved one the treatment they need.
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Involuntary Baker Act Admission
An involuntary Baker Act admission occurs upon a finding by a court that:
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:
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:
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Basics Of The Florida Baker Act
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.).
What Is The Difference Between The Marchman Act And Baker Act
Floridas Baker Act and Marchman act are very similar. However, while the Baker Act is designed for individuals suffering from mental health issues, the Marchman Act is for substance abuse-related emergencies.
The criteria for both involuntary commitment processes are similar, however, the Marchman Act is based on substance abuse and addiction. To explain, individuals can be involuntarily committed to an addiction treatment center under the Marchman Act if they present a danger to themselves or others due to their drug or alcohol abuse.
To put it simply, the Baker Act is used to assess and treat individuals with mental illnesses, and the Marchman Act is used to assess and treat people with substance use disorders.
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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