The Process For An Involuntary Evaluation
Many people have heard a reference to someone being Baker Acted. Being Baker Acted essentially means that a person has exhibited some extreme behavior that insinuates a mental illness, and without care or treatment, may result in harm to themselves or to others.
Originally the act allowed this involuntary confinement and evaluation only when the individual posed a threat to himself/herself or to others. Recent amendments have broadened these grounds somewhat, but this is still the standard that most mental health facilities follow.
The initial determination can be made by one of three types of people:
See: Section 394.463 -, Florida Statutes.
The facility must, within the 72 hours, do one of the following things:
See: Section 394. 463 -, Florida Statutes.
What To Do After The Baker Act
If you or a loved one was provided treatment through the Baker Act, further treatment should be sought to prevent future setbacks. One of the most common mistakes people make after the Baker Act is to either do nothing or just keep with the same treatment as before. In some cases, sticking with your treatment is just fine but for many, it is an indicator that you might need something more intensive, especially if you have been admitted to a hospital via the Baker Act more than once. The Baker Act is to be used for emergencies only and not as a way of keeping someone on track or to stabilize him or her.
After a Baker Act, you might want to have your most important members of your support network come in to a meeting with your outpatient mental health team to learn more about how they can support you and also provide important information to your team. Having a team of professionals who you feel safe and confident in is important for your long-term well-being. The same is true of your support network. Those individuals who help support you need to be fully educated and informed about your mental illness so that they can be most effective.
A clinical psychologist can help you get to the root causes of your problems and can help you learn new skills to manage your mental illness more effectively and to move forward to a brighter future.
Voluntary Baker Act Admissions
The Baker Act also allows for adults to voluntarily apply for temporary institutionalization at a facility. This voluntary admission can also be used by parents who want to have their minor children examined at such a facility. Once there, the patient will be examined by facility personnel, and an assessment will be made of his or her mental health and potential for harming self or others. When the problem can be attributed to something other than psychiatric concerns, the patient will often be released. In cases where mental health issues require intervention, a treatment plan will be developed.
Thought these types of admissions are technically voluntary, patients should understand that they may be detained at the facility for up to 24 hours after they request to leave. That delay is required to provide facility personnel with the time they need to determine whether an involuntary examination or treatment is required. In cases where that intervention is believed to be necessary, the facility has two days to file a petition asking the court to involuntarily commit the patient.
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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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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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A Law Enforcement Officer
A law enforcement officer has the authority take someone meeting the Baker Act criteria into custody and transport them to the nearest receiving facility.
Generally, this starts with a phone call from a friend, family member, or bystander after witnessing behavior indicating the person may be mentally ill and is in danger.
Once again, the officer files a written report detailing the circumstances regarding the person being taken under custody. Ultimately, this report becomes part of the clinical record.
What Happens When You Baker Act Someone
When a loved one sees a problem occurring and wants to help that individual get help, the first step should always be to ask them to enter into treatment on a voluntary basis. It is the safest option available.
When that does not happen, it may be necessary to go through the steps listed here in order to ensure they receive the level and type of care they need.
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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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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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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 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 committedfor 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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The Baker Act Process
If a person is Baker Acted, they are taken to a mental health hospital that is also a Baker Act-receiving facility. At the receiving facility, the individual must be psychologically examined within 72 hours .
If the person is deemed to be dangerous by two different mental health professionals, they will be admitted to a mental health facility . Less commonly, outpatient mental health treatment may be recommended for people with mental illness who do not need 24/7 care.
If the person is not found to have any mental health issues, or they have a non-dangerous mental health issue, they will be released within the 72-hour period.
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.
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Florida Baker Act Criteria
In order to temporarily commit someone to a mental hospital they must meet the following criteria:
- The person is mentally ill .
- The person refuses a voluntary mental health evaluation or doesnt understand why one would be necessary.
- The person is a threat to themself or others, or the person is incapable of caring for themself.
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
In general, behaviors that can be considered indications of a mental emergency include the following:
Baker Act Involuntary Examination Criteria Processes And Timeframes
- www.myflfamilies.com
- Highest rating: 3
- Summary: The Baker Act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its.
See Details
- Highest rating: 5
- Summary: There is reason to believe he/she has a mental illness and due to the mental illness, the individual has refused or is unable to determine if examination is
See Details
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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
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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Florida Officials Reignited The Baker Act Discussion In The Wake Of The Stoneman Douglas Shooting
GettyAriana Gonzalez is over come with emotion at the memorial in front of Marjory Stoneman Douglas High School as teachers and staff are allowed to return to the school for the first time since the mass shooting.
GettyFlorida Attorney General Pam Bondi,, Florida Governor Rick Scott,, and Broward County Sheriff, Scott Israel, speak to the media about the mass shooting.
What Happens During A 72 Hour Psych Hold
5150 or 72 hour hold This 72 hour period is sometimes referred to as an observation period. During this 72 hour period, the treatment team assesses whether the patient meets criteria for involuntary hospitalization. The law mandates that all patients must be treated in the least restrictive setting possible.
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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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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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