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.
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.
Are You Required To Inform Your Employer
It can be tricky to decide what to do after youve been Baker Acted because you may require additional treatment to recover, which may include a recovery program. Youre not legally obligated to inform your employer when youve been Baker Acted, and your employer is also not legally allowed to fire you for having a mental illness. What puts you most at risk of losing your job is if you dont seek the treatment you need before you do something on the job that your employer could fire you for.
Should you decide to have yourself admitted for inpatient treatment, there are several laws that allow you to get the leave you need, medical coverage for treatment and any additional accommodations that may help your reintegration into your job.
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How Do You Baker Act In Florida & Why Would You Want To
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- Summary: The Florida Baker Act law allows doctors, mental health professionals, judges, and law enforcement to commit a person to a
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- Summary: The Baker Act allows for involuntary examination , which can be initiated by judges, law enforcement
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Under What Circumstances Is A Person Subject To The Baker Act
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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What Happens After The Baker Act Has Expired
Within 72 hours, the person must be released, either for outpatient treatment or on their own recognizance, unless:
- They are charged with a crime, OR
- They give express and informed consent to voluntarily be held or admitted.A physician must certify that the individual is able to make well-reasoned, willful and knowing decisions about their mental health and medical conditions, OR
- The facility administrator files a petition for involuntary placement with the circuit court
Note that in the latter example, the initial three-day holding period may be longer if a weekend or a holiday falls within that period. In that case, the petition must be filed on the next business day.
If the facility administrator has filed a petition for involuntary placement, a hearing will be held within five business days. The only exception is if the subject of the Baker Act requests and is granted a continuance from the court.
The individual has a right to representation. Unless a private attorney is hired, a public defender will be appointed to represent them. An independent expert examination can be provided by the court on behalf of the person.
The state attorney represents the state. However, one of the facility professionals who filed the petition must be present as a witness.
The court first hears testimony as to whether the individual is competent to elect voluntary treatment. If they are not, a guardian advocate is appointed.
Who Was Maxine Baker
Florida representative Maxine Baker sponsored the Baker Act in the early 1970s after serving as a Democratic member of the Florida House of Representatives from 1963 to 1972.
Baker established a patients bill of rights, including protecting the right to communicate, to receive and send unopened mail, to use their own belongings, and to vote, Sao9 reports.
The politician passed away in 1994.
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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.
What Does It Mean To Be Baker Acted
UFHealth explains The Baker Act is a Florida law that allows families and courts to provide emergency mental health services and temporary detention for people suffering mental health problems. People who are Baker Acted are often deemed to have lost self-control and could be a danger to themselves or others.
As per Thomson Reuters, the act, also known as The Florida Mental Health Act, was brought in law to reduce the occurrence, severity, duration and disabling aspects of mental, emotional and behavioural disorders.
The court, police officers or a clinical psychologist can force a person who is being Baker Acted to undergo an involuntary evaluation to confirm whether the individual is experiencing a mental health issue.
After completion of the examination, the person must be set free unless charged with a crime, released for outpatient treatment, or placed in a treatment facility.
The act is named after former Florida representative Maxine Baker.
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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:
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.
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Basics Of The Florida Baker Act
The Florida Mental Health Act, more commonly known as the Baker Act, was passed to allow for the creation of mental health programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. Section 394.453, Florida Statutes.
The Baker Act contains a variety of provisions ranging from screening to appointment of legal guardians. However, the Baker Act is most commonly known for the involuntary evaluation and confinement provisions. Being involuntarily confined for a mental health exam in Florida is commonly called being Baker Acted.
The rights of a Baker Act patient are spelled out in Section 394.459, Florida Statutes. They include receiving a physical exam within 24 hours of arrival at the facility , Fla. Stats.) requesting a writ of habeas corpus in accordance with Chapter 79, Florida Statutes . Fla. Stats.).
Should You Baker Act A Drug Addict
by Tyler | Last updated Sep 30, 2021 | Published on Sep 29, 2021 | Mental Health |
- Should You Baker Act a Drug Addict?
If you know someone addicted to drugs, you know first-hand just how frustrating and frightening it can be when its clear that their life is in jeopardy but feel like theres nothing you can do about it. Youve likely tried talking to them, giving them ultimatums, maybe even holding an intervention. What do you do when youve tried everything else?
The Baker Act, also known as the Florida Mental Health Act of 1971, is legislation that allows individuals who pose a danger to either themselves or others to be involuntarily institutionalized for psychiatric evaluation. This mental health intervention can be life-saving but things can get tricky when drug abuse is involved. From costs to the laws limitations, there are important things to consider when considering whether you should Baker Act a drug addict.
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How To Have Someone Committed For Drug Abuse
Anyone with a loved one who is addicted to drugs would jump at the opportunity to have him or her committed in order to help stop the downward spiral into oblivion, but that is not typically an option for most. There are some instances, however, where people can be involuntarily committed for their drug abuse.
The evidence that you would need to provide in order to have your loved one committed for drug abuse is going to vary based on the state that you are in. There is not one common involuntary commitment law that spans across the country, rather each state has its own set of required data. In general, however, if you want to have a loved one involuntarily committed for drug abuse, the following is needed:
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 Does The Baker Act Work In Florida
The Baker Act is Floridas mental health statute that employs emergency treatment for individuals who are impaired due to one or more mental illnesses. For nearly 50 years, Floridians who fit under the criteria of the Baker Act have been Baker Acted. And while this is certainly not something that anyone wants to have to invoke on a loved one, it has and continues to save lives.
The Baker Act can be invoked only by law enforcement, physicians, mental health professionals, or judges. If you have a loved one who you believe needs to be Baker Acted, you cannot invoke that act on your own. Instead, you have to either involve law enforcement when your loved one is experiencing a mental break, contact his or her doctor or therapist to request the Baker Act, or request an ex parte order in a courtroom which allows the court to hear and rule on the case in the absence of your loved one.
The Florida Department of Children states that in order for someone to be Baker Acted, he or she must meet the following criteria:
People cannot be Baker Acted if they have mental retardation, a developmental disability, are intoxicated, or are experiencing conditions manifesting from antisocial behavior or substance abuse impairment.
In order to temporarily commit someone to a mental hospital they must meet the following criteria:
A person may also choose to a voluntary Baker Act, but they must be willing and able to consent to treatment.
Behaviors that Indicate a Mental Health Crisis
Is It Possible For A Baker Act Patient To Decline Treatment
Some transport firms believe that they must release anyperson on voluntary status upon demand. The Baker Actinvoluntary examination criteria require that a person eitherrefuse or be unable to determineexamination is necessary. A refusal is clear. It maybe a person who rapidly changes his/her mind aboutcare.
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The Americans With Disabilities Act
Mental health conditions qualify under the Americans With Disabilities Act as a condition where you can seek reasonable accommodation to be able to perform your job better. In this instance, that accommodation may be time off work to seek the treatment you need. Your employer cant fire you for disclosing that you have a mental health condition and may be able to give you the accommodations youre requesting through another important law.
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.
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How Much Does A Baker Act Lawyer Cost
The cost of a Lawyer can vary based on the individual circumstances of your case and the background of your loved one. However, we can provide you with a fee for full transparency of all of the work required to help secure the release of your loved one when you call us. We always aim to provide a conscientious explanation of the process and costs involved.
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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