Reasons To Baker Act Someone

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Reasons To Be Baker Acted

The Baker Act is Worse Than Jail

For someone indicted under the claims of the Baker Act, they must display all of these factors:

  • Because of severe psychological impairment, individuals have no idea what theyre doing and have no concept of right and wrong. Cognitive disabilities and drug addiction impairments are not included here.
  • They have voluntarily declined treatment or cannot comprehend the need for such a test due to psychological disorders.
  • Without help, they might be neglected or hurt themselves or someone else.

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?

How To Address The Situation While Retaining Your Employment

If youve shared the reason for your absence with your employer, your supervisors are required to keep the matter private. This means you dont need to share any details with your coworkers about why you were gone or what youve gone through. If your employer does share this information and it creates a hostile work environment for you, you have the right to sue your employer for damages.

What your employer is entitled to request is regular drug screenings and a note from your physician that verifies youre fit to perform your duties. These matters will be kept private, so if youre worried about what your coworkers may think of your absence, rest assured you dont need to go into great detail about why you were away. Their most likely response will be to welcome you back and help you get caught up on what you missed while you were gone.

If you feel overwhelmed by your mental health problems, dont hesitate to get help. Contact us today by giving us a call at 299-0618 to speak with one of our understanding counselors. We can guide you through the next steps to take to ensure a quick recovery while maintaining your employment.

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How Does The Marchman Act Work In Florida

The Marchman Act is focused on the individuals relationship with self-control and the potential for violence as related to alcohol or substance abuse. The Florida Department of Children states that in order for the Marchman Act to be invoked, an individual must meet the following criteria:

  • Has lost the power of self-control with respect to substance use AND:
  • Has inflicted, or threatened or attempted to inflict, or unless is admitted to inflicting, physical harm on himself or herself or another OR:
  • Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto.

The Marchman Act requires significant effort on behalf of the person seeking help for their loved one. If you are looking to invoke the Marchman Act on a loved one, these are the steps you need to take in order to do so:

  • File a petition for involuntary treatment in the county court where the person resides
  • File that petition in good faith and as a person, the court recognizes to do so
  • You must believe and/or have direct information that the user does not have power of self-control and is likely to harm themselves or others
  • You must provide evidence that the user cannot make rational decisions for him/herself

Voluntary Baker Act Admissions

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The Baker Act also allows for adults to voluntarily apply for temporary institutionalization at a facility. This voluntary admission can also be used by parents who want to have their minor children examined at such a facility. Once there, the patient will be examined by facility personnel, and an assessment will be made of his or her mental health and potential for harming self or others. When the problem can be attributed to something other than psychiatric concerns, the patient will often be released. In cases where mental health issues require intervention, a treatment plan will be developed.

Thought these types of admissions are technically voluntary, patients should understand that they may be detained at the facility for up to 24 hours after they request to leave. That delay is required to provide facility personnel with the time they need to determine whether an involuntary examination or treatment is required. In cases where that intervention is believed to be necessary, the facility has two days to file a petition asking the court to involuntarily commit the patient.

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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 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.

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Criteria For Having Someone Committed

The reasons for involuntary commitment have shifted over the last 50 years. Previously, a judge could commit someone based a need for treatment, which resulted in many people being held for years or decades in institutions. Now, the standard is based on a persons level of dangerousness. Generally, the criteria for having someone committed involves:

  • The person having a mental health disorder, including substance use disorders
  • The person poses a serious risk to themselves
  • The person poses a serious risk to others
  • The person is too disabled to adequately care for their daily needs

Most states adopted these guidelines, with a few exceptions. For example, Delaware only focuses on a persons inability to make responsible choices, and Iowa only needs evidence that shows the person could cause an emotional injury to another individual.

These criteria aim to commit people who need mental health services but cannot make the choice to receive treatment independently. Some people appropriate for involuntary commitment include:

  • Someone with severe depression and suicidal thoughts, intent or plans
  • A person violently aggressive due to a manic episode or psychosis
  • An older person with dementia who is not caring for their needs

What Is The Baker Act How Do You Baker Act Someone

Baker Act: Does it work?

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.

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What Is Involuntary Commitment

An involuntary commitment is a legal intervention where a judge orders a person to be confined in a psychiatric hospital. The involuntary commitment process is set in motion by a serious mental disorder or troublesome mental health symptoms.

The purpose of involuntary commitment is two-fold:

  • To protect a person with a mental illness from behaviors that could threaten their life or well-being
  • To protect others from a person with a severe mental illness
  • A person with intense mental health symptoms may not see the dangers associated with their thoughts or actions because the illness is disrupting their judgment and perception. These people will not see a need for mental health services and likely refuse attempts to encourage treatment.

    An involuntary commitment is a way for a person to force another individual into professional treatment so they can receive the care and attention they need. Without involuntary commitment, a person experiencing severe mental health symptoms could cause significant harm to self or others.

    Although inpatient hospitalization is usually associated with commitments, most states have involuntary outpatient commitments as well. In an` outpatient commitment, a judge orders the individual to attend outpatient mental health treatment to address their symptoms.

    States With Involuntary Commitment Laws For Alcoholism Only

    Montana and Rhode Island are currently the only states that allow involuntary commitment for alcoholism. These states are different from others because they do not allow involuntary commitment for addiction to substances like opioids, stimulants and hallucinogens and instead focus only on alcohol use disorders.

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    Things To Know About The Florida Baker Act

    The Florida Mental Health Act, commonly known as the Florida Baker Act, is available to families and others who believe their loved one is suffering from serious mental health disorders. When someone refuses the mental health treatment they need, it may be difficult to watch. Many times, a person without the ability to make rational decisions needs support to make that possible. Prior to the Baker Act of 1971, this was hard to do.

    What Is Required To Subject Someone To A Baker Act In The Orlando Florida Area

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    The Baker Act is covered in Florida Statute 394. Florida Statute 394.463 sets forth the bases for subjecting an individual to an involuntary examination under the Baker Act. It states as follows:

    A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness:

  • The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination or
  • The person is unable to determine for himself or herself whether examination is necessary and
  • 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
  • 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.
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    How Does The Baker Act Florida Work

    If a person in position to initiate the Baker Act deems it appropriate for the person in question, then that person will be involuntarily institutionalized for no more than 72 hours. During that time, an examination will be performed to determine if the person is suffering from a debilitating mental illness. From there, the following occurs:

    • If a person is determined to be unable to make knowing mental health decisions for themselves, the hospital will petition for treatment of the individual
    • A mandatory exam will be performed by a clinical psychological or physician to determine how severe the patients mental illness is and what level of care is most appropriate for them
    • If the mandatory exam was not performed by a clinical psychologist, a second one must be conducted to support/negate the physicians findings

    If a patient meets all criteria to be Baker Acted, then they will be involuntarily placed into inpatient or outpatient programming for six months following their involuntary institutionalization. If a patient does not meet the criteria needed to be Baker Acted at any point in this process, they will be fully discharged.

    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.

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    Can I Baker Act Myself

    The short answer is yes. A person can have voluntary or involuntary status under the Baker Act. A person who voluntarily admits himself must not only be willing to provide consent but also be competent to provide consent and receive treatment. If a person is deemed incompetent to consent to treatment , you cannot be held under the voluntary provisions of the law.

    Why might someone seek to Baker Act himself? There can be a variety of reasons. Sometimes a person is in treatment with an outpatient provider who has been closely monitoring his or her symptoms. The outpatient clinician and the client may have determined clear guidelines under which the individual is to report to an ER. Typically the client would agree to this arrangement during a time of more clarity and people in his support network might also be aware of this arrangement. The purpose of sending the client to the ER might be to keep him or her safe while medications are adjusted or changed or to prevent injury to self or others. Sometimes individuals notice that the intensity of suicidal thoughts are increasing in intensity and frequency to the point where he or she feels concerned about his or her own well-being. For individuals who experience psychosis as a part of their illness, a worsening or re-appearance of psychotic symptoms may be the indicator it is time to be admitted to the hospital.

    Under What Circumstances Is A Person Subject To The Baker Act

    What Happens When You Get Baker Acted | VA Hospital

    The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria:

    • They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability.
    • They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
    • Without treatment, they may suffer personal neglect or may cause harm to themselves or others.

    Refer to the Statute or a summary of the Statute for additional details.

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