What Does It Mean To Baker Act Someone

A Person Must Be Impaired

Dr. Delvena Explains the Florida Baker Act Law

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 It Take To Baker Act Someone In Florida

by CCHR Florida | Apr 15, 2020

There are three criteria that must be met in order for a person to be taken into custody under a Baker Act. A Baker Act can be initiated by judges, law enforcement officials, doctors or mental health professionals.

Aliciaon May 17, 2020 at 7:57 pm

Thank you . Thats a great information.

109 N. Fort Harrison Ave.Clearwater, Florida 33755Tel: 1-800-782-2878

CCHR Florida

The Citizens Commission on Human Rights of Florida is a non-profit watchdog organization that investigates and exposes psychiatric abuse and educates the public about their rights in the field of mental health.

CCHR Florida provides only facts and does not provide medical or legal advice.

Our office recommends that an individual seek a competent medical examination by a non-psychiatric medical professional.

Who Can Initiate Baker Act In Florida

perform Baker Acts? A psychiatric resident can initiate an involuntary examination under the Baker Act only if he/she is fully licensed in Florida as a medical or osteopathic physician under chapters 458 or 459, FS. If not licensed as a physician in Florida, he/she cannot initiate the Baker Act examination.

Are You Charged With Something By Default

Youre only charged with a crime if youve done something that warrants criminal charges. If you do happen to be charged with a crime, youre booked through a police station prior to being transferred to a psychiatric facility. In some cases, youre not allowed to be released unless youre discharged into the care of law enforcement if your reason for the Baker Act was a violent crime.

If the Baker Act was invoked to prevent a crime from being committed and you didnt yet break any laws, youre not likely to be charged with a crime. Its important to speak with an attorney regarding your legal rights, whether youre facing any charges and what your best course of action is for your defense.

Involuntary Commitment By State

There are currently 37 out of the 50 states in America that have involuntary commitment laws put in place. The specifics of these laws vary from state to state, however, are all designed to help those who cannot help themselves.

The states that have involuntary commitment laws for substance use disorder and alcoholism are:

The states that have involuntary commitment laws for alcoholism only are:

Vermont is the one singular state in America that has involuntary commitment laws for substance use disorder only.

Also Check: Honey Baked Ham Company Promo Code

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.

How To Get A Client Released

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.

Don’t Miss: Baker Funeral Home Bridgeport Ct

The Baker Act: What Residents Of Florida Should Know

The Baker Act, formally known as the Florida Mental Health Act, gives officials, as well as those who deem it necessary, the right to examine those who are suspected of suffering from a mental illness within the state of Florida, even against their will. Involuntary exams of those in question would take place after the accused has refused a voluntary exam, is shown to be unable to care for themselves , or if alternative methods of treatment have been declared to be ineffective.

How Long Does The Baker Act Last

The Baker Act is Worse Than Jail

When someone is Baker Acted, he or she cannot be involuntarily held for more than 72 hours. During that time, these individuals will receive a mental health examination from a licensed professional. Baker Acted minors under the age of 18 can only be held involuntarily held for 12 hours, and once that 12 hours has expired, they can then be examined. If the results of the examination prove that there is no further intervention needed, the individual can be released. If it is determined that treatment is necessary, the individual will be asked to voluntarily admit him/herself into treatment or be released with the recommendation to enroll in an outpatient treatment program.

Also Check: How To Bake Pork Loin Chops

Can You Be Fired For Being Baker Acted

How does a Baker Act affect employment? You may have heard the term Baker Act before but not understand what it means. A good example is if you have a mental health condition that causes episodes of psychosis and you find yourself detained against your will for a mental health evaluation.

Having gone through the episode, you may be worried about what happened if you dont remember the details and how this will impact your relationships with your friends, family, and employer. Its perfectly reasonable to be concerned about what comes next, and our counselors can provide the guidance you need to recover while retaining your employment. The last thing you need is to endure additional problems because of something that might not have been under your control.

If youre aware of your legal rights, you can pick up the pieces with minimal negative impact to your career.

What Is Floridas Baker Act

The Florida Mental Health Act of 1971, more colloquially known as the Baker Act, is the Florida law that allows police, mental health workers, doctors, and judges to involuntarily commit someone to a psychiatric facility to be examined when a person is in danger of harming others or harming themselves. Adults can be committed for up to 3 days, half a day for kids. The idea is the person is to be examined and evaluated medically and treated when appropriate.

Draconian, yes. So the Baker Act was written and among other provisions, mandated court-appointed attorneys to represent each person for whom involuntary placement was sought and provided for independent reviews every six months of all involuntary placements. Placements in hospitals Baker Act receiving facilities. And provides a patients bill of rights, protecting persons rights to communicate with whomever they wished, to receive and send unopened mail, to use their own possessions, and to vote, among many other rights. The law also prohibited the placement of persons with mental illnesses in jails, unless they had committed criminal acts.

Don’t Miss: Andre Baker Funeral Home White Plains Ny

Florida Officials Reignited The Baker Act Discussion In The Wake Of The Stoneman Douglas Shooting

GettyAriana Gonzalez is over come with emotion at the memorial in front of Marjory Stoneman Douglas High School as teachers and staff are allowed to return to the school for the first time since the mass shooting.

GettyFlorida Attorney General Pam Bondi,, Florida Governor Rick Scott,, and Broward County Sheriff, Scott Israel, speak to the media about the mass shooting.

How Long Can You Be Baker Acted In Florida

How to Commit Someone for Mental Evaluation

The Baker Act is a Florida law that allows people with mental illnesses to be held involuntarily for up to 72 hours in a mental health treatment facility if they meet certain criteria. The act can be initiated by judges, law enforcement officials, doctors or mental health professionals…. continue reading

You May Like: Temperature To Bake Mac And Cheese

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.

How Do You Baker Act A Drug Addict

As the concerned loved one, you’ll need to file an ex parte petition to begin the Baker Act process. This requires concrete examples that the addicted person is a danger to themselves and is too impaired to manage their own wellbeing in the form of a sworn written testimony before a notary…. continue reading

Don’t Miss: Temp To Bake Pork Chops

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.

What Happens When You Baker Act Someone

How Does the Baker Act Work?

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.

Recommended Reading: John Deere Baker City Oregon

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.

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.

Also Check: How Long To Bake Chicken Fingers

What Is The Difference Between The Baker Act And Marchman Act

The Baker Act is a Florida law that allows individuals who are experiencing crippling mental illness to be involuntarily committed for examination and treatment. The Marchman Act is also a Florida law but is invoked for individuals who are deeply impaired by a substance use disorder.

Each act lasts for different periods of time. For example, when someone is Baker Acted, he or she can only be involuntarily held for 72 hours for an examination. After that, any and all recommended treatment is voluntary and not required by court order. The Marchman Act, however, does require individuals to remain in an involuntary hold for up to five days for examinations and detox. Following that, a judge can order the individual to remain in treatment for up to 60 days, with the potential to follow up that order with another 90 days if deemed necessary.

Because both acts focus on different concerns, the criteria that need to be met in order to invoke either one varies from one another. An example of this would be that a person who needs to be Baker Acted must be in danger of suffering significant personal harm if not intervened on while someone receiving the Marchman Act must have threatened to inflict harm on him/herself or others due to his or her substance abuse.

Baker Act: What Happens When Someone Is Committed

TAMPA – After being found at her home a second time on April 22, the man accused of stalking Florida Attorney General Pam Bondi was taken into custody under the Baker Act – commonly called being “Baker Acted” – and sent to get mental health treatment.

After a hearing to obtain a restraining order, Bondi said the facility from which her alleged stalker was released should have notified police before he was set free. But as many who have been through the system already know – the Baker Act gives these facilities limited permissions when it comes to holding patients and doesn’t always require notification of their release.

The Baker Act, which is formally known as the Florida Mental Health Act of 1971, gives judges, law enforcement, physicians and mental health professionals the authority to involuntary institutionalization and examine someone.

In the case of Bondi’s accused stalker, William Wilkes was Baker Acted on April 22, but the events before and after that date caused Bondi concern and prompted her to speak out.

According to records, Wilkes first knocked on the window of Bondi’s South Tampa home on March 9. Bondi encountered him again on April 22 and he was taken into custody under the Baker Act.

Sometime between April 22 and April 27, Wilkes was released. He allegedly began calling and sending messages to Bondi online April 27. He was arrested five days later on May 1.

Read Also: How Long To Bake Chicken Tenders

How Does Someone Get Committed Under The Baker Act In Florida

Florida State ArchivesAdvocates for better mental health holding poster in 1957, years before Baker Act becomes law.

University of Florida Health makes the careful point that, People who require the use of the Baker Act have often lost the power of self-control, and they are likely to inflict harm to themselves or others. It is important that the Baker Act only be used in situations where the person has a mental illness and meets all the remaining criteria for voluntary or involuntary admission. Its this very point that may have some police and even mental health professionals not using the Act when they should and conversely, and often unintentionally, using it when its not appropriate. When youre Baker Acted in Florida, youre taken into custody, handcuffed and brought before a judge. In Miami, just days before the mass murder in Parkland, a 7-year-old was Baker Acted. The child punched a teacher and was taken by police from the school in handcuffs.