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:
Crisis And 5150 Process
If you or someone close to you is experiencing a crisis due to a mental health challenge and may be a danger to themselves or others, you should call 911. Crisis support services of Alameda County offers support to all ages and backgrounds during times of crisis or difficulty. The 24-hour Crisis line can be reached at .
How Bakers Act Affect Employment
The Florida Mental Health Act, most commonly the Bakers act, begin to offer the formation of mental health programs. The idea was to deceases the occurrence, duration, severity, and disabling aspects of emotional, mental, and behavioral disorders. This act contains several provisions ranging from screening, diagnosis to the appointment of legal caretakers and guardians. Lets learn how bakers act affect employment.
However, Bakers act works for the confinement provisions and involuntarily evaluations. For mental health programs, being involuntarily confined in Florida is commonly known as Bakers act. Therefore, if you want to know how the bakers act affects employment, keep reading this informative article.
by CCHR Florida | Apr 15, 2020
A person may not be held for longer than 72 hours and when the 72 hours is up the person must be released unless charged with a crime, or the person must decide to stay on a voluntary basis or the facility must file a petition for involuntary commitment.
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.
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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.
What Does The Baker Action Not Cover
The Baker Act cannot be used in all circumstances. In essence, any case that falls outside of the three criteria is beyond the purview of this specific law. For example, developmental disabilities are not considered a mental illness as a result, someone cannot be Baker Acted for having one and refusing treatment.
Intoxication and substance abuse impairment alone are also not covered under the Baker Act. Instead, those who are a threat to themselves or others because of their addiction are subject to Floridas Marchman Act. The Marchman act applies the same concept as the Baker Act where families can petition the court to force their loved one into addiction treatment.
While the Baker Act is unique to Florida, most other states have their own laws surrounding court-ordered treatment. One example is Caseys Law in Kentucky and Ohio.
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How Is The Baker Act Used In Addiction Treatment
Addiction is often accompanied by a variety of mental and behavioral disorders, so it is not uncommon for loved ones, judges, and law enforcement to use laws like the Baker Act to force someone to get help. Ive treated many people who only got help for their addiction after they were court-ordered for an evaluation. But, intoxication and substance abuse impairment by themselves are not covered under the Baker Act. The individual must have a verifiable mental illness that ties into their addiction for the law to apply.
Its also important to keep in mind that a 72-hour hold and evaluation is not sufficient treatment for addiction or mental health disorders. This law exists simply to create an avenue where someone who is struggling can get evaluated and referred to further treatment. The next stage of treatment could be at a mental health facility or a substance abuse facility, like our alcohol rehab Panama City. Without thorough follow-up treatment, addicts who are Baker Acted usually return to using drugs once discharged from the 72-hour hold.
What Is A 5150 Or 72
5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental challenge to be involuntarily detained for a 72-hour psychiatric hospitalization. A person on a 5150 can be held in the psychiatric hospital against their will for up to 72 hours. This does not mean that they will necessarily be held the entire 72 hours it means that psychiatric hospitals have the legal right to do so if determined to be necessary.
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Can You Be Involuntarily Committed In Ny
Pursuant to New York State Mental Hygiene Law section 9.27, an alleged mentally ill person may be involuntarily committed to a mental health facility if: as a result of his or her mental illness, the person poses a substantial threat of harm to self or others.
What states use Baker Act?
The states are:
What Is The Extended Baker Act
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Ive been talking to a number of people recently who told me that they were involuntarily taken to a Baker Act facility and right before the 72-hour clock expired when they should have either been released or the facility should file to keep them. The facility has told them they had extended their Baker Act.
So Im here to tell you that the quote, extended Baker Act, is a term made up by a Baker Act facility. It simply doesnt exist. Theres nothing in the statute about an extended Baker Act. It doesnt work that way.
If you are there involuntarily or against your will, the facility has up to 72 hours to assess and stabilize you. Once the 72 hours clock has expired, one or two things need to happen. They either need to let you go or file a petition with the court asking a judge for permission to keep you longer than 72 hours. Once they file that petition, youre going to be held until the hearing takes place.
With that said, thanks for tuning in. See you in the next video.
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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 Do I Do After 911 Is Called
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What Is The Criteria For The Baker Act
The act only applies when certain criteria are met to prevent the law from being abused. For the Baker Act to be invoked, the person has to meet all three criteria:
- There is strong evidence that the individual is mentally ill.
- The person is refusing treatment due to their mental illness, or their mental illness as rendered them unable to determine if they need treatment or not.
- If the individual does not receive treatment, they are likely to suffer from neglect or harm themselves or others.
What is the process to invoke the Baker Act?
The Baker Act process starts in one of three ways:
The process depends on the urgency of the situation. If someone is actively threatening to harm themselves or someone else, you should call the police. They can safely detain the individual and take them to be evaluated by a mental health professional under the Baker Act.
Can I Be Involuntarily Held For Longer Than 72 Hours
If you refuse voluntary treatment and are deemed to be a danger to yourself or others, a hearing will be conducted to determine if extended treatment is necessary. Under Section 394.4655, the court will look at the persons treatment history and current behavior and decide whether the patient is in need of extended treatment. They will weigh the following:
This second prong is especially imperative, as the court employing a less restrictive alternative often leads to them denying the petition for extended treatment. Yet, the court will still look towards the facilitys opinions when it comes to your mental health, many of which you may not be in agreement with. If you are the subject of such a petition for involuntary outpatient treatment, you will be afforded a public defender.
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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:
How Do I Get Out Of Baker Act In Florida
How to Get Out. The facility is not, by any means, the only one with the ability to get the court system involved. A patient or the patient’s guardian advocate can file a petition for writ of habeas corpus requesting a hearing regarding release from involuntary confinement…. read more
Chapter 394.467 of the Baker Act requires that the person be examined by a psychiatrist and the second opinion of a clinical psychologist or another psychiatrist…. view details
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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.
Tallahassee Criminal Defense Attorney
If you or a loved one has been Baker Acted in Florida and are fearful you may be wrongfully placed in an involuntary outpatient placement, or have been placed in extended treatment you believe is unnecessary, call an experienced and knowledgeable Tallahassee criminal defense attorney. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have decades of experience helping navigate various legal matters and will explore every applicable defense in your case. Contact Pumphrey Law Firm today at or send an online message to discuss your case during an open and free consultation with an attorney in our legal team.
Don Pumphrey, Jr.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.
* Disclaimer: Each case is different, and the results in a case depend on many factors. Past results are not a guarantee of future successes.
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Can I Be Fired For Mental Health Issues
The Fair Work Act protects employees who are dealing with mental health problems from unlawful workplace discrimination. This is when an employer takes adverse action against the employee on the basis of his or her mental health problem or disability. Adverse action includes: dismissing an employee.
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.
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Filing For The Florida Baker Act
The fastest way to begin the process of involuntary committing someone to treatment is to call the police if the individual is threatening to hurt themselves or others or is appearing detached from reality. These types of cases are deemed emergencies where law enforcement and first responders may take the person to a hospital or mental health facility.
Once at the appropriate facility, medical and psychiatric personnel may provide an examination and declare a patient qualified or unqualified for involuntary commitment within 48 hours. However, if the person is not in immediate crisis or experiencing psychosis, it may not be appropriate to call 911.
Instead, another way to enact the Baker Act is to file a petition with the court asking them to order a mental health evaluation. The court will ask the petitioner to provide a written statement and any applicable medical documents to explain the details of the persons mental health conditions as well as their reasons for requesting the Baker Act.