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.
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 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.
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What Are The Consequences Of Being Baker Acted
The Baker Act is meant to be used as a last resort to keep a person safe from the substantial likelihood of bodily harm, or from seriously harming others.
But the law can, and has been abused. In 2018, a behavioral health hospital in Tampa was found to have exploited Floridas Baker Act for profit, by holding those held under the law longer than was necessary.
The Baker Act is also used frequently on minors, including children as young as six years old.
The Southern Poverty Law Center has described the use of Floridas Baker Act against children as costly and cruel.
Potential consequences of being Baker Acted could include:
- emotional and psychological trauma
- costly bills for mental health treatment
- a longer involuntary stay in treatment
- stigma associated with involuntary commitment
Can A Person Refuse Treatment
If anyone you know has been Baker Acted , one of the most frequently asked questions is whether the patient has the right to refuse psychiatric medication. This is a common question by parents who are unsure about giving their young children psychiatric medicines. The solution to this issue is more complicated than it appears on the surface.
The Constitution protects an individuals right to refuse medication and other forms of medical care, including parents right to refuse to medicate their children. The right is derived from the concept of substantive due process and constitutional protections for adults privacy. The right of a parent or legal guardian to refuse medication for their children is founded on the most fundamental safeguards offered to parents about care and child-raising decisions for their children. The exception is if the sick person poses a danger to himself or others.
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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.
What Comes After Youre Evaluated
According to the Florida Department of Children and Families , one of the following must take place within the 72-hour examination period:
- unless charged with a crime, the person must be released
- the person must be released to outpatient treatment
- the person must be asked and give consent to voluntary admission for inpatient treatment
- the designated receiving facility must file a petition with the courts to request additional involuntary treatment through a court order
If a person held under Floridas Baker Act is taken to court, they will be appointed a public defender to represent them, unless they have external legal representation.
A hearing for additional involuntary placement must occur within five days.
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How Floridas Baker Act Impacts Suicide
The Florida Mental Health Act of 1971, or the Baker Act, is a Florida law requiring people with mental illnesses who meet certain criteria to be held involuntarily for up to 72 hours in a mental health facility for evaluation, as reported by the Tampa Bay Times. The Baker Act can be invoked by law enforcement officials, judges, doctors, and mental health professionals.
Every state has its own laws regulating short-term emergency psychiatric commitment for individuals displaying dangerous signs of mental illness, according to Temple Universitys Policy Surveillance Program.
Examination At The Receiving Mental Health Facility
Once the individual arrives at the receiving facility, they must be examined immediately by a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders. Additionally, the individual must not be released without documented approval by a licensed psychiatrist or clinical psychologist.
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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 Are The Requirements For Baker Act In Florida
Under What Circumstances is a Person Subject to the Baker Act?
- They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality.
- They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
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Family And Medical Leave Act
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.
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.
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See A Top Mental Health Psychologist After Baker Act In Florida
If you find yourself unsure what to do after Baker Act, I can help.
Im Dr. Amy Boyers, a Clinical Psychologist in Miami who specializes in eating disorder treatment and other long term conditions, including addictions, bipolar, and OCD. I offer personalized and sophisticated eating disorder treatment services, individual and family psychotherapy, family member support and education, in-home meal support, cognitive behavioral therapy, anxiety treatment, depression treatment, and much more.
Have any questions about the recovery process? Id be happy to answer them. Simply reach out to me and Ill be sure to answer anything you want to know.
I look forward to helping you obtain a brighter tomorrow.
Just a reminder, Dr. Boyers does not participate in any insurance plans. This means that she cannot accept your insurance for payment. She will make every effort to assist you with the filing of the proper paperwork so that you may get reimbursed by your insurance carrier. However, this is not a guarantee that your insurance will reimburse you for your treatment. Every insurance policy is written differently so it is important that you speak to your insurance regarding your out-of-network mental health coverage prior to your first session.
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How Does The Marchman Act Work In Florida
The Marchman Act is focused on the individuals relationship with self-control and the potential for violence as related to alcohol or substance abuse. The Florida Department of Children states that in order for the Marchman Act to be invoked, an individual must meet the following criteria:
- Has lost the power of self-control with respect to substance use AND:
- Has inflicted, or threatened or attempted to inflict, or unless is admitted to inflicting, physical harm on himself or herself or another OR:
- Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto.
The Marchman Act requires significant effort on behalf of the person seeking help for their loved one. If you are looking to invoke the Marchman Act on a loved one, these are the steps you need to take in order to do so:
- File a petition for involuntary treatment in the county court where the person resides
- File that petition in good faith and as a person, the court recognizes to do so
- You must believe and/or have direct information that the user does not have power of self-control and is likely to harm themselves or others
- You must provide evidence that the user cannot make rational decisions for him/herself
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Baker Acting Someone In Florida: Involuntary Mental Health Treatment
If your loved one is suffering from severe mental health issues and refuses to accept treatment, you might be considering utilizing The Baker Act. Watching your loved one struggle with mental health and become a danger to themselves is extremely devastating. Baker Acting someone in Florida is a confusing process, however, it is often the only option for people worried about their loved ones.
At CWC Recovery, we understand the complex nature of mental health, allowing us to provide effective mental health treatment and promote recovery for our patients. If your loved one has been Baker Acted and has been required to attend an inpatient or outpatient mental health facility, look no further. CWC Recovery is here to help. Give us a call today for more information on The Baker Act, how it works, and how we can help.
Dual Diagnosis Treatment In Port St Lucie Florida
The Port St. Lucie Hospital is one of the dual diagnosis residential treatment centers in Florida that offers inpatient mental health and addiction treatment at the same time. As a Baker Act-receiving facility, we also offer crisis care for those suffering from acute psychiatric distress. The facility also offers medical detox services, which means that the multidisciplinary staff can treat a patient from crisis care admission to detox, to mental health and addiction treatment completion.
In addition to these services, the Port St. Lucie hospital also offers adult and senior mental health programs, and a partial hospitalization program. Each of these programs can be tailored to individual patient needs.
We welcome you to our facility. From Baker Acts to dual diagnosis, support groups, and individual therapy treatment options, we are here to fight the battle with you. Reach out to us online today, or call us at .
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The Story Of Tonya Williams
A story in the Orlando Sentinel details the 2015 story of Tonya Williams, 25, who stopped eating and threatened to kill herself. After her mother called 911, Williams was held for 72 hours and subsequently let go. The next day, after her mother begged that Williams be taken in again, Williams ran into traffic and killed herself. Her suicide followed eight years of struggling with mental illness.
Of nearly 195,000 Floridians taken into custody for a Baker Act evaluation in fiscal year 20152016, the most recent data available, most were released with no follow-up, according to the Sentinel.
What Happens After The Baker Act Is Invoked
Once the act is invoked, the individual is taken to a mental health facility for examination. Law enforcement will pick them up and transport them to the nearest Baker Act receiving facility. Adults can be held at the facility for a maximum of 72 hours unless a ruling is made to extend this period. Minors are only allowed to be held for 12 hours. All patients held more than 12 hours must be examined by a mental health professional within 24 hours of being admitted. Treatment, if needed, will be rendered based on this assessment.
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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.
Understanding What A Baker Act Is And Who Is Informed Of It
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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