How To Baker Act Someone In Florida

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Quick Guide For Law Enforcement Officers

Baker Act: Does it work?

Sometimes its hard to know if you should Baker Act someone. You want to be a responsible officer and do the right thing to protect individuals and those nearby, but youre not sure whether to take a person to jail or to initiate the Baker Act and take the person to a receiving facility.

This guide has been developed by the Mental Health Coalition of Pinellas County to help you make that decision in the field. We have outlined some common behaviors of those in crisis and summarized things to be on the lookout for.

Key Points

  • Your role is not to diagnose. However, if you have reason to believe someone appears to be 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.
  • 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.
  • Officers must complete two forms when initiating the Baker Act: Report of Law Enforcement Officer Initiating Involuntary Examination and Receiving FacilityPart I .
  • Behaviors to Look For

    Individuals with mental illness who may need further evaluation typically exhibit a combination of the following behaviors, characteristics, or indicators of their illness:

    NOTE: If you have any doubts, dont forget to contact your CIT Officers or one of the receiving facilities.

    What To Do After The Baker Act

    If you or a loved one was provided treatment through the Baker Act, further treatment should be sought to prevent future setbacks. One of the most common mistakes people make after the Baker Act is to either do nothing or just keep with the same treatment as before. In some cases, sticking with your treatment is just fine but for many, it is an indicator that you might need something more intensive, especially if you have been admitted to a hospital via the Baker Act more than once. The Baker Act is to be used for emergencies only and not as a way of keeping someone on track or to stabilize him or her.

    After a Baker Act, you might want to have your most important members of your support network come in to a meeting with your outpatient mental health team to learn more about how they can support you and also provide important information to your team. Having a team of professionals who you feel safe and confident in is important for your long-term well-being. The same is true of your support network. Those individuals who help support you need to be fully educated and informed about your mental illness so that they can be most effective.

    A clinical psychologist can help you get to the root causes of your problems and can help you learn new skills to manage your mental illness more effectively and to move forward to a brighter future.

    Were Always Here To Help

    Assessment and Referral Specialist are available 24 hours a day, 7 days a week to assist you or your loved one. We cannot offer diagnosis, counseling, or recommendations online. To schedule a no-cost assessment or for more information, please call or send us a message. If you are currently experiencing an emergency, please dial 911 or go to the nearest emergency room.

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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?

    Should I Initiate The Baker Act On My Loved One

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    Having a loved one who has an untreated mental illness is extremely difficult, as their behaviors can make for extreme frustration, worry, sadness, and even fear. If you have a loved one who is struggling with mental illness and they are unwilling to get help, when is it possible for you to legally intervene? If your loved one in question is a Florida resident, you can initiate the Baker Act, which can help them get the care they need. Making the call to get the process started, though, can be overwhelming, which is why it helps to know when you should consider the Baker Act. Some warning signs that your loved one may not be able to make sound decisions because of their mental illness and may require the Baker Act include the following:

    • Complete and utter refusal of any level of professional treatment
    • Harming themselves as a result of their mental state
    • Harming others as a result of their mental state
    • Inability to care for themselves in ways that support their survival
    • Being unable to control their behaviors and actions

    Again, these warning signs cannot be tied to issues such as retardation, substance use disorder, or a developmental disability if you want the Baker Act enacted. In order to ensure that you are making the right decision, spend time reading the legislation regarding the Baker Act and inform yourself of the criteria that your loved one must meet. The more information you have about the Baker Act, the more able you are to decide what your next steps should be.

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    When An Individual Is Admitted To A Baker Act Facility

    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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    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.

    RELATED:Find out more about Floridas Marchman Act

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    What Is The Baker Act How Do You Baker Act Someone

    The Baker Act allows for the temporary detention and examination of people showing evidence of mental illness and who are in danger of harming themselves or others. This includes danger from self-neglect as well as physical harm.

    Although the official name is the Florida Mental Health Act of 1971, the statue is commonly called the Baker Act after one of the bills co-sponsors, former Florida state representative Maxine Baker.

    The Baker Act was aimed at preserving the rights of those who are involuntarily committed. It replaced the states previous mental health law originating in 1874, frequently referred to as draconian.

    The new statute set stringent criteria for invoking the Baker Act, as well as time limit on evaluations and for involuntary treatment requests based on those evaluations. Representation was now required for those who are Baker Acted, among other provisions.

    The Baker Act is sometimes confused with the . Floridas Marchman Act also allows for involuntary evaluation and commitment, but it is for substance abuse treatment.

    Although the Baker Act is just a Florida statute, people across the country use the term baker acting to mean the process of involuntary committing someone. There are laws in almost every state , however, that authorize some form of involuntary commitment.

    The Process Of Baker Acting Someone In Florida

    Florida schools still aren’t required to track and report Baker Act use

    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 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:

    What Criteria Needs To Be Met To Enact The Florida Baker Act

    While it is possible for a person to choose a voluntary Baker Act for themselves, many people are unwilling to agree to go to treatment. In cases such as these, a person can be temporarily committed to a treatment facility if they meet the three following criteria:

    • Mental illness is suspected
    • The individual is refusing voluntary treatment and doesnt see why they need treatment
    • The person poses a threat to themselves or others or is incapable of caring for his or herself.

    There are hundreds of different symptoms of mental illness, however, there are some that are more serious than others because they indicate an immediate crisis. Some symptoms and/or conditions that are considered a mental health emergency and may qualify for the Baker Act include:

    • Suicidal thoughts or actions
    • Inability to care for oneself
    • Severe depression
    • Substance abuse

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    A Law Enforcement Officer

    A law enforcement officer has the authority take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility.

    Generally, this starts with a phone call from a friend, family member, or bystander after witnessing behavior indicating the person may be mentally ill and is in danger.

    Once again, the officer files a written report detailing the circumstances regarding the person being taken under custody. Ultimately, this report becomes part of the clinical record.

    What Happens After The Involuntary Examination Period

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    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.

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    How Do I File A Baker Act In Florida

    You must provide the court with sworn written testimony before a notary that meets the criteria set forth by florida law in order to file the petition. The persons health insurance information should be included in your petition. You may also file a petition for a temporary restraining order if you believe that your rights have been violated.

    TRO is a court order that prohibits a person from engaging in conduct that would cause a reasonable person to fear for his or her safety or the safety of others. If you are filing a complaint with the Florida Department of Law Enforcement , you will need to provide a copy of the complaint to your local law enforcement agency.

    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

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