What Happens After 72 Hours
After 72 hours, a person may be discharged or asked to seek voluntary admission . Otherwise, if it has been deemed necessary, a petition can be filed in the court for involuntary placement to the facility.
The individual must appear in court within five days. If the judge deems that involuntary commitment is warranted, they can place the individual in a facility for up to six months.
Can A Person Be Released After Being Baker Acted
During the examination stage, its determined if they will be involuntarily admitted for treatment or released. After no more than 72 hours, the person is released and:
- Agrees to attend outpatient treatment.
- Gave express and informed consent to voluntary move to inpatient treatment.
- Had a petition filed with the circuit court for involuntary treatment, usually in an inpatient or hospital setting.
- Is taken by police if the Baker Act stemmed from a crime.
The Baker Act does not support indefinite holds. The facility can only hold them for maximum of 72 hours, or up to 5 days when an extension is granted. However, patients can be released at any point if their assessment determines that there is no basis for keeping them under the hold.
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.
Also Check: Can I Eat A Baked Potato On Keto
What Happens After 72 Hours Of Baker Act
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.
Follow Us
What Does The Baker Act Say
Florida State ArchivesBaker smiles holding a telegram, letters protesting her mental bill .
The statute is voluminous. Pages of definitions. And much of the language is difficult at best to understand or written in a way to ensure that a police officer or family member or therapist doesnt commit someone who is not suffering from a psychiatric emergency. Bottom line: the law says someone can be Baker Acted when abnormalities of thought, mood, or behavior are psychiatric in nature. In other words, if someone is freaking out it must be clear its a psychiatric issue. A trained mental health professional or therapist should know. A parent or cop may not. Indeed, this reporter is aware of a situation where a Florida police department requested a self-aware and in-therapy teen-ager with diagnosed mental health conditions to talk to police officers about what they should be looking for and how to handle a teen in a psychiatric crisis. A hand-raised plea from police: help us help you. One of the positives that may come out of the tragedy that is the Stoneman Douglas massacre, is training of police officers on how to deal with mental health crises and differentiate them from ordinary criminal behavior training for law enforcement who often encounter people suffering from mental illness sometimes a diagnosed condition, sometimes a psychotic break brought on by substance abuse or similar. Knowing the difference is might save a life.
You May Like: How To Bake Boneless Skinless Chicken Thighs
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.
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.
Recommended Reading: Honey Baked Ham Tulsa Ok
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.
Baker Act Protect Your Children With 5 Simple Steps
by CCHR Florida | Jul 1, 2021
In 2021, the passage of the School Safety Bill, amended Florida law to require parental/guardian notification prior to the initiation of a Baker Act on a minor child. The intention behind these revisions was to reduce the number of inappropriate Baker Acts on children by giving parents a chance to help their child as is their right.
F.S. 381.0056 now requires that:
- A reasonable attempt is made to notify a students parent, guardian, or caregiver before the student is removed from school, school transportation, or a school-sponsored activity to be taken to a receiving facility for an involuntary examination.
- A reasonable attempt to notify means the exercise of reasonable diligence and care by the principal or the principals designee to make contact with the students parent, guardian, or other known emergency contact whom the students parent or guardian. The methods of communication should include, but are not limited to:
- telephone calls
The above changes to the law align with the criteria that must be met in order to initiate a Baker Act on anyone of any age.
F.S. 394.463 gives the criteria for a Baker Act and all points of the criteria must be met if these criteria are not met and a person or child is Baker Acted it is a violation of their rights and the law.
For more information on your rights as a parent, or to download a free copy of the Florida Parental Rights Guide .
You May Like: How To Get Your Baked Goods Into Stores
What Is The Florida Baker Act
Many people ask what is the Baker Act? The Baker Act is a law in the state of Florida that allows family members and mental health professionals to provide emergency mental health services and to temporarily detain someone who is impaired and is determined to be a threat to themselves or others. People who require the Baker Act typically cannot commit to safety and need help immediately. Examples of conditions that might warrant the Baker Act are suicidal or homicidal thoughts and urges, especially when there is a clear plan or intent to cause harm, severe and debilitating psychiatric symptoms that prevent an individual from being able to care for him or herself, a sudden and severe worsening of psychotic symptoms that impair normal functioning, any kind of delusion or hallucination that might cause extreme agitation or violence in an individual.
The Baker Act was put into law in 1972 in the city of Miami by a woman named Maxine Baker who sponsored the bill.
How Long Does The Baker Act Last
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.
Recommended Reading: Baked By Melissa Free Shipping
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.
How Long Does The Marchman Act Last
When the Marchman Act is first invoked, the individual struggling with addiction can only be held up to five full days for an initial assessment. This serves as the first stage of the Marchman Act and at this time, the treatment center will work to determine how severe the individuals addiction is and begins the detox process for him or her.
Following the initial assessment, a court can order the individual to remain in treatment for up to 60 days. The individual may stay for less time than that, especially if his or her substance use disorder is less severe. However, this treatment order can be extended by the court as long as the request is filed no more than 10 days before the initial order expires. A hearing will be held to determine how much longer the individual remains under the Marchman Act. If more time is deemed necessary, a judge can extend the act for no more than 90 additional days.
Read Also: Baked Potatoe In Air Fryer
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.
They Dont Understand That An Exam Is Necessary
A secondary component of this process is that the person must have refused a voluntary examination when it was offered to them. If that is not the case, their mental illness is making it impossible for them to understand why and how an exam like this is necessary. At the same time, the person must be suffering from neglect or may cause harm to themselves or other people if they do not receive this care.
In these situations, the Baker Act may apply. The law encourages a person to receive voluntary mental health, but when that is not utilized, it is possible for family members, law enforcement, health professionals, or others to petition the circuit court for involuntary examinations. If that occurs, the following steps happen.
Recommended Reading: Samsung Toast And Bake Microwave Oven Mt1066sb
What Happens When Someone Is Baker Acted
The Baker Act process can effectively be summed up into two parts. The first occurs within a 72-hour period where a person undergoes an evaluation to determine they indeed qualify for needed emergency psychiatric care. The second part involves medical professionals and the courts being in agreement that an individual qualifies for treatment.
Although the Baker Act is a Florida-only statute and is not national, the term Baker acted has become a widely used term around the country, referring to any kind of involuntary institutionalization.
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.
Read Also: How To Bake Pizza In Oven Without Pizza Stone
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.
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.
Also Check: Honey Baked Ham Mesquite Tx
Is It Possible To Sign Oneself Out Of A Mental Institution
Patient who is willing to participate
If you have admitted yourself into apsychiatric hospital, you can not simply signyourself out and leave when you decide to do so.The hospital staff can try to keep you byasking the court to commit you. If the court ordersyou to stay at the hospital, you become aninPatient who is willing to participate.