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.
Florida Special Interests And Parental Rights
Last week in Florida, 6-year-old Nadia King was taken from her public school by police and committed to a mental health facility, all before her mother was contacted or notified.
Fortunately, change is coming to Floridabut it looks like it cant get there soon enough.
Another Victim of the Baker Act
Under a 50-year-old Florida law called the Baker Act, a mental health professional can place a child in a mental health facility for testing via involuntary commitment without parental consent if the mental health professional deems the child to be a threat to the safety of themselves or others.
The law was meant to allow intervention in cases of imminent danger, said Mark Cavitt, the director of Pediatric Psychiatry at Johns Hopkins All Childrens Hospital in St. Petersburg, according to an article in The Washington Post. Instead, Baker Act is used too often because of inadequate training or resources for mental health inside the school system.
According to a report from the Tampa Bay Times last year, roughly 7,500 Baker Act incidents have occurred since 2012roughly 1,000 per year. Thats more cases than just those involving imminent harm.
Nadia did throw a temper tantrum at school. Though she was perfectly calm, even pleasant by the time officers picked her up, faculty reported that she had been throwing items around the room. It is possible someone was going to get hurt.
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Her Grandson Is 10 Born With Fetal Alcohol Syndrome And Is Autistic
“That’s a neurological problem,” Kathy explained. “He doesn’t have a mental illness, which is part of the criteria to Baker Act him.”
Kathy’s grandson is among a growing number of Florida children Baker Acted, a state law which lets police, judges and doctors order people who appear to be mentally ill and pose a danger to themselves or others for an involuntary psychiatric exam.
In partnership with the Baker Act Reporting Center at the de la Parte Florida Mental Health Institute, we analyzed the latest numbers and discovered over the past 5 years, the number of involuntary examinations given to kids in Florida under the Baker Act is up by more than 20% from 26,831 in FY2012/2013 to 32,757 in FY2016/2017.
And that’s just the beginning.
Take a look at the numbers we requested from the Baker Act Reporting Center
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Cchr Florida Calls A Halt To Baker Act Abuses Of Children
In response to the widespread abuse of the Baker Act, Diane Stein and CCHR Florida went into action. We currently have a law that is, in my opinion, the single biggest source of human rights abuse in Florida, said Stein, President of Citizens Commission on Human Rights of Florida , on the CBS12 Investigates news channel.
In an interview with Freedom, Stein stated, Our campaign to protect children from unjust, involuntary psychiatric examination has resulted in laws which provide greater safeguards against abuse. We are moving forward with even greater changes that will result in the restoration of parental rights.
In the 12 years prior to 2017, an estimated 295,000 children in Florida were involuntarily sent to psychiatric facilities for examinationmany without parental consent or knowledge. In an independent study done on Baker Acting of children in Pinellas County, it was found that 30 percent of the children did not meet the criteria for involuntary examination. In other words, an estimated 89,000 Florida children and their parents were illegally subjected to trauma due to what is politely referred to as an inappropriate Baker Act.
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We have a General Order that specifically instructs our deputies that anti-social behavior is not a mental illness.
Sheriff Jerry L. Demings, Orange County, Florida
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.
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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
More Mobile Response Teams Phycologists Needed
For years, Florida legislators Democrats and Republicans have filed bills to improve the law. And there have been some changes.
The state has put more money into mobile response teams. Those teams use psychologists and psychiatrists to determine involuntary examinations. Theyre meant to take the pressure off law enforcement. But those teams have up to an hour to respond. School administrators say their school resource officers, who are already on campus, can address the situation far faster.
“I think it’s still a matter of growing into the mobile response system,” said David Daniels, Operations Manager for Big Bend Community Based Care. The agency manages mental health and social services for 12 North Florida counties. There are several entities throughout the state, and they work to make sure uninsured Floridians and those who have Medicaid receive services.
“I get the immediacy of the need,” Daniels said, “MRT’s are trained to try to defuse the situation.”
And once they de-escalate a situation, mobile response teams are required to provide follow-up services to a child, he said.
“If you can wait an hour, take the hour,” Daniels said. “That way you’re that trauma to a kid of being put in a police car and taken to the Apalachee Center to sit in a waiting room for hours.”
More mobile response teams are needed, he said. So is continued growth in telehealth programs, which can reach students in schools, and more school psychologists, he said.
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The Baker Act At School
“Is there a problem when it comes to the Baker acting of children,” asked investigative reporter Katie LaGrone.
“There’s a huge problem,” said Diane Stein President of the Citizen Commission on Human Rights, a non-profit watchdog group that often fields calls from frustrated parents whose children have been Baker Acted without their knowledge.
“The Baker Act kind of becomes a knee jerk solution for schools in order to handle these types of situations when they don’t know exactly what to do with the child,” Stein said.
According to the Baker Act Reporting Center, during FY 2015/2016, 22% of involuntary examinations for people under the age of 18 indicated they were at school at the time the Baker Act was initiated. However, the Center’s Director, Dr. Annette Christy believes this is an under count since the question was left blank on many of the required forms filled out by children/guardians who were Baker Acted. According to Christy, the school could also be involved in a Baker Act exam initiation but the child was not at school at the time the Baker Act was initiated.
Take a look at the statewide numbers in this chart below when it comes to Baker Acts and children in Florida. Then scroll down towards the end of the article to see a county by county breakdown.
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Prevention And Parental Rights
And Daniels agreed. Most parents are great parents, he said, but some can get overwhelmed or frustrated. Other parents give up on their child, Daniels said.
The Big Bend Community of Care also does child welfare.
“I’ve seen a number of cases where we call them ‘lockout situations’ where a child goes to a mental health or commitment or whatever, and when it’s time for them to come out, there’s not going to be anyone to come pick them up,” Daniels said. “And they end up in the child welfare system.”
With more money for prevention, perhaps these children wouldn’t end up in the system, he said.
Enos said he also believes changes can be made. The state could create a sliding scale that would factor in the severity of the issue when making a decision about whether to Baker Act a child, he said.
More than 130 law enforcement agencies in the state have policies requiring them to attempt to contact family and friends to intercede before resorting to the Baker Act. But those policies arent the same as law.
Rhonda Blackwell-Flanagan is the principal of Hartsfield Elementary School in Tallahassee, which is using a trauma-informed approach to manage child behavior. In Florida, about 38,000 kids a year are committed under the Baker Act. That’s more than 100 kids a day, and Blackwell-Flanagan says the numbers tell a story.
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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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How Long Can Someone Be Baker Acted In Florida
Scheduled testimony and evidence are used to determine whether a person is competent to consent to medical treatment. If the individual is not living independently, he or she must be placed under the care of a guardian advocate. If a person is found to be incapacity, a court may order him or her to be committed to a treatment facility for up to six months.
How To Get Out Of An Involuntary Confinement Facility
You or someone you know may need to be released from an involuntary confinement facility in an emergency situation there are steps you can take to leave if you or someone you know needs to be released. Before filing a petition for habeas corpus, it is critical to first consult with the court system. This request will be followed by a hearing in which the person will be asked if they should be released from the facility. Speak with a lawyer first to learn more about your legal options. Finally, keep in touch with your loved ones so that they are aware of your location and are prepared to assist you if necessary.
What Is It Like To Be Baker Acted
No matter which of the three methods are used, it all starts with the person being picked up by a law enforcement officer. That is, unless a person is already in a receiving facility. For example, if a hospital serves a receiving facility and the person goes to the ER for care, whether related or unrelated to mental illness. The attending physician may determine that the person meets the criteria for the Baker Act and hold the person at the facility.
If the person is picked up by an officer, they will be taken one of three places:
During the examination, the professional will:
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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.
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.
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