How Do I Baker Act Someone

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When An Individual Is Admitted To A Baker Act Facility

What Happens When You Get Baker Acted | VA Hospital

An individual who is admitted to a baker facility act is evaluated for their financial ability to pay for services. If the individual is found to be in need of services, he or she may be admitted for a period of up to 90 days.

The individual shall be provided with a copy of his or her medical record and shall have the opportunity to review the medical records of all other individuals who have been admitted under this section during the preceding 90-day period. In the case of a child, the childs parent, guardian, or custodian shall also have access to the patients medical and mental health records.

A child shall not be denied admission for failure to comply with the provisions of this subsection unless the failure is due to gross negligence or willful or wanton misconduct. This subsection does not apply to any person who has been found by a court of competent jurisdiction to have committed an act that would constitute a felony if committed by an adult.

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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 Is An Involuntary Baker Act

An involuntary Baker Act admission occurs upon a finding by a court that:

  • A person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary.
  • He/she is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on himself/herself/others as evidenced by recent behavior.
  • All less restrictive treatment alternatives are not appropriate.
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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.

    They Dont Understand That An Exam Is Necessary

    How To Baker Act Someone In Texas / Baker Act Lawyer

    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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    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

    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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    Involuntary Baker Act Admission

    An involuntary Baker Act admission occurs upon a finding by a court that:

  • A person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary
  • He/she is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself/others as evidenced by recent behavior
  • All less restrictive treatment alternatives are not appropriate
  • What Is The Baker Act

    How Does the Baker Act Work?

    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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    How Do You Get Someone Involuntarily Committed In Florida

    It can be initiated by judges, law enforcement officials, or mental health professionals. Act defines a mental illness as a harm to self, harm to others, or self neglectful, and the Mental Health and Developmental Disabilities Services Act defines a mental illness as a harm to self, harm to others, or self neglectful.

    If a person is found to be a danger to himself or herself, he or she may be involuntarily committed to a secure psychiatric facility for a period of up to one year. The length of the commitment depends on a number of factors, such as the severity of his or her condition, the likelihood of re-offending, and the need to protect the public.

    In some cases, a court may also order an outpatient evaluation to determine whether the patient is likely to reoffend and, if so, whether treatment is necessary. A person found not guilty of a crime by reason of insanity may not be committed for psychiatric treatment.

    Can A Person Be Released After Being Baker Acted

    During the examination stage, its determined if they will be involuntarily admitted for treatment or released. After no more than 72 hours, the person is released and:

    • Agrees to attend outpatient treatment.
    • Gave express and informed consent to voluntary move to inpatient treatment.
    • Had a petition filed with the circuit court for involuntary treatment, usually in an inpatient or hospital setting.
    • Is taken by police if the Baker Act stemmed from a crime.

    The Baker Act does not support indefinite holds. The facility can only hold them for maximum of 72 hours, or up to 5 days when an extension is granted. However, patients can be released at any point if their assessment determines that there is no basis for keeping them under the hold.

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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.

    How Do You Get An Adult Committed In Alabama

    How To Baker Act Someone In Texas / Baker Act Lawyer

    If you are an adult and you have been charged with a crime, the prosecutor may ask the court to commit you to a mental health facility. If the court decides to commit you, the prosecutor will file a petition with the court. The petition will include information about your mental health and criminal history. The judge will review the petition and decide if you should be committed.

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    Baker Acting Someone In Florida: Involuntary Mental Health Treatment

    If your loved one is suffering from severe mental health issues and refuses to accept treatment, you might be considering utilizing The Baker Act. Watching your loved one struggle with mental health and become a danger to themselves is extremely devastating. Baker Acting someone in Florida is a confusing process, however, it is often the only option for people worried about their loved ones.

    At CWC Recovery, we understand the complex nature of mental health, allowing us to provide effective mental health treatment and promote recovery for our patients. If your loved one has been Baker Acted and has been required to attend an inpatient or outpatient mental health facility, look no further. CWC Recovery is here to help. Give us a call today for more information on The Baker Act, how it works, and how we can help.

    What Happens When Someone Is Baker Acted

    The Baker Act process can effectively be summed up into two parts. The first occurs within a 72-hour period where a person undergoes an evaluation to determine they indeed qualify for needed emergency psychiatric care. The second part involves medical professionals and the courts being in agreement that an individual qualifies for treatment.

    Although the Baker Act is a Florida-only statute and is not national, the term Baker acted has become a widely used term around the country, referring to any kind of involuntary institutionalization.

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    Challenge A Wrongful Baker Act

    Baker Act Attorneys

    When a loved one is in trouble, you want to do whatever you can to help them. If they are contending with mental illness, you may help them find a therapist or a facility where they can go and get treatment as well as medication to function in their everyday life. If they are addicted to drugs and alcohol, this could mean staging an intervention and finding a rehabilitation facility where they could fully recover.

    But when they are incapable of seeking out treatment, they refuse to take care of themself, and they pose a threat to themself or others, you may not know where to turn. What do you do if your loved one says they are planning to overdose on drugs or assault someone? What do you do if they attempt to hurt you?

    You could always call up the cops or a mental health professional to see what they can do. They may just invoke the Baker Act and take your loved one to a facility against their will for evaluation. There, your loved one might get the treatment they need to heal and stop posing a threat.

    What Is The Baker Act?

    For instance, an individual may claim that they are going to kill themselves and write a suicide note to show to their friends and family. They may also threaten to run someone over with their car, or otherwise attempt to hurt or kill another individual because they are not mentally well.

    Who Determines if an Individual Can Be Involuntarily Taken to a Facility?

    What Is The Florida Baker Act

    The Baker Act is Worse Than Jail

    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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    Examination At The Receiving Mental Health Facility

    Once the individual arrives at the receiving facility, they must be examined immediately by a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders. Additionally, the individual must not be released without documented approval by a licensed psychiatrist or clinical psychologist.

    The Process Of Baker Acting Someone In Florida

    Many individuals deal with severe mental health issues on a daily basis. Sometimes, people with mental health conditions are unable to see the full extent of their issues. If a loved one of an individual with a mental illness believes they are a danger to themselves or others, they may decide to utilize The Baker Act. So, what all goes into baker acting someone in Florida? Lets take a look.

    The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual will not voluntarily receive help for a severe mental health crisis, The Baker Act allows family members to request that their loved one be placed under an involuntary mental health examination. While this may seem scary, there are guidelines and criteria set in place to ensure that The Baker Act is not abused.

    If you are worried about your loved ones safety as a result of their mental health, you may be wondering how to Baker Act someone in Florida. For someone to be Baker Acted, they must meet specific criteria to be considered as emotionally and mentally impaired.

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    How To Baker Act Someone

    This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 7 references cited in this article, which can be found at the bottom of the page. This article has been viewed 301,293 times.

    To Baker Act someone means that you initiate the process for an involuntary and emergency psychiatric examination of a person with a mental illness at a Florida hospital or crisis unit. This refers to a specific Florida law and it only applies to proceedings within the state of Florida. Other states have their own rules and proceedings concerning involuntary psychiatric care.

    How To Get A Client Released

    How To Baker Act Someone In Tennessee / Can You Make Someone Go To ...

    The facility isnt the only entity with the ability to get the court system involved. A patient or the patients guardian advocate can file a petition for a writ of habeas corpus requesting a hearing regarding release from involuntary confinement. Forms for this are usually made available to patients at the facility. Otherwise, an attorney can prepare and file a petition for a writ of habeas corpus as needed.

    Before filing a petition, legal counsel may be able to get involved during the 72-hour window and obtain a patients release prior to the facility petitioning the court system for permission to extend confinement. As stated earlier, the prevailing test is usually whether the person being held is a danger to himself/herself or to others.

    In our experience, the mere presence of an attorney along with family members lets the facility know that there is a support system in place that will address the needs of the patient. This means that a familys plans to address the facilitys concerns through voluntary treatment or the active participation of family can be very effective.

    The Baker Act specifically states that confinement is not appropriate when any apparent harm may be avoided through the help of willing family members or friends . . . . Section 394.463, Florida Statutes. Your clients should know that hiring an attorney is one of the best ways to indicate to the facility that they are serious about getting released.

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