What Happens When A Minor Is Baker Acted In Florida

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What Does The Baker Action Not Cover

Floridaâs flawed Baker Act: ‘Our whole family is scarred’

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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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.

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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.

How Long Do They Keep You For Baker Act

The Marchman and Baker Acts in Times of Family Crisis

72-Hour Mental Health Involuntary Hold Under California law, only designated professional personnel can place a person in 72-hour hold, often called a “515O.” They can be police officers, members of a “mobile crisis team,” or other mental health professionals authorized by their county. shelter)…. view details

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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.

More Mobile Response Teams Phycologists Needed

For years, Florida legislators Democrats and Republicans have filed bills to improve the law. And there have been some changes.

The state has put more money into mobile response teams. Those teams use psychologists and psychiatrists to determine involuntary examinations. Theyre meant to take the pressure off law enforcement. But those teams have up to an hour to respond. School administrators say their school resource officers, who are already on campus, can address the situation far faster.

“I think it’s still a matter of growing into the mobile response system,” said David Daniels, Operations Manager for Big Bend Community Based Care. The agency manages mental health and social services for 12 North Florida counties. There are several entities throughout the state, and they work to make sure uninsured Floridians and those who have Medicaid receive services.

“I get the immediacy of the need,” Daniels said, “MRT’s are trained to try to defuse the situation.”

And once they de-escalate a situation, mobile response teams are required to provide follow-up services to a child, he said.

“If you can wait an hour, take the hour,” Daniels said. “That way you’re that trauma to a kid of being put in a police car and taken to the Apalachee Center to sit in a waiting room for hours.”

More mobile response teams are needed, he said. So is continued growth in telehealth programs, which can reach students in schools, and more school psychologists, he said.

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How To Baker Act Someone In Florida

Parties that can enforce a Baker Act in Florida include the court and law enforcement, medical professionals, and mental health professionals. If youre concerned for the safety of a friend or family member and feel a Baker Act is necessary to evaluate their mental health you have a few options.

First, if a person is actively showing signs of severe mental illness, threatening to hurt themself or others, or appears detached from reality, calling the police will initiate the process of having that person Baker Acted immediately.

Alternatively, you could ask the court to have a persons mental health evaluated by filing a petition. In this case, you would need to provide a written statement that documents the details of the mental illness and the reasons for a Florida Baker Act. You can do this at the countys Clerk of Court office .

It is in the best interest of both parties if the person filing the petition takes the time to find the best mental health hospital and Baker Act-receiving facility to ensure that the transition into treatment is as smooth as possible.

Understanding What A Baker Act Is And Who Is Informed Of It

Children in Crisis, Florida’s Baker Acted kids | I-Team Investigates

The Baker Act is a law that was passed in Florida in 1972 and named after its sponsor, Maxine Baker. It allows family members to have people temporarily detained if theres a credible reason to believe theyre a threat to themselves or others. For example, if someone is acting as if theyre going to attempt suicide, the Baker Act may be used to place that person under a hold for up to 72 hours to make sure theyre safe and have access to supervised care.

The Baker Act may also be used by police officers who feel someone is no longer acting within their own control. If someone is acting recklessly or erratically, a police officer may choose to use the Baker Act to have them evaluated for a mental illness. The law also allows you to voluntarily commit yourself for an evaluation if you feel you might harm yourself or another person.

Once youve been admitted, the law requires your emergency contact or guardian to be informed of your location. If you have an attorney, theyll also be notified. An assessment of your mental state must be performed within the first 24 hours, and youre not allowed to be held for longer than 72 hours unless you consent to inpatient care beyond that point.

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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.

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.

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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.

Family And Medical Leave Act

How To Baker Act Someone In Florida

The FMLA allows you to take up to six months off work due to medical needs that prevent you from being able to do your job. If youve been Baker Acted, the need for mental health treatment qualifies you for medical leave and your employer is required to approve your request. Keep in mind, though, that the FMLA doesnt require your employer to pay you while youre on leave.

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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.

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.

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Juvenile Baker Act In Florida: Voluntariness Of Consent To Admission Into Receiving Facility

Prior to voluntary admission in a Baker Act Receiving Facility, there must be a hearing to verify the voluntariness of the guardians consent to observation, diagnosis, and treatment of the minor. Every person that enters a receiving facility must be asked if they want to give express and informed consent for admission and treatment. If that person is a minor, express and informed consent must come from the guardian as well.

The Baker Act in Florida requires that a receiving facility fulfill certain requirements. In Florida, the facility is designated by the Department of Children and Families to care for people who are subject to the Baker Act. These facilities have psychiatrists, nurses, and staff with special training which qualifies them to handle Baker Act cases. There are strict requirements of the receiving facility under the Baker Act as a persons individual right to liberty is affected by the initiation of a Baker Act. Additionally, every person subjected to the Baker Act must be fully informed of their individual rights upon admission.

A Person Must Be Impaired

Baker Acted kids in Florida still on the rise, especially among younger children

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.

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Prevention And Parental Rights

And Daniels agreed. Most parents are great parents, he said, but some can get overwhelmed or frustrated. Other parents give up on their child, Daniels said.

The Big Bend Community of Care also does child welfare.

“I’ve seen a number of cases where we call them ‘lockout situations’ where a child goes to a mental health or commitment or whatever, and when it’s time for them to come out, there’s not going to be anyone to come pick them up,” Daniels said. “And they end up in the child welfare system.”

With more money for prevention, perhaps these children wouldn’t end up in the system, he said.

Enos said he also believes changes can be made. The state could create a sliding scale that would factor in the severity of the issue when making a decision about whether to Baker Act a child, he said.

More than 130 law enforcement agencies in the state have policies requiring them to attempt to contact family and friends to intercede before resorting to the Baker Act. But those policies arent the same as law.

Rhonda Blackwell-Flanagan is the principal of Hartsfield Elementary School in Tallahassee, which is using a trauma-informed approach to manage child behavior. In Florida, about 38,000 kids a year are committed under the Baker Act. That’s more than 100 kids a day, and Blackwell-Flanagan says the numbers tell a story.

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 .

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