How To Get A Client Released
The facility isnt the only entity with the ability to get the court system involved. A patient or the patients guardian advocate can file a petition for a writ of habeas corpus requesting a hearing regarding release from involuntary confinement. Forms for this are usually made available to patients at the facility. Otherwise, an attorney can prepare and file a petition for a writ of habeas corpus as needed.
Before filing a petition, legal counsel may be able to get involved during the 72-hour window and obtain a patients release prior to the facility petitioning the court system for permission to extend confinement. As stated earlier, the prevailing test is usually whether the person being held is a danger to himself/herself or to others.
In our experience, the mere presence of an attorney along with family members lets the facility know that there is a support system in place that will address the needs of the patient. This means that a familys plans to address the facilitys concerns through voluntary treatment or the active participation of family can be very effective.
The Baker Act specifically states that confinement is not appropriate when any apparent harm may be avoided through the help of willing family members or friends . . . . Section 394.463, Florida Statutes. Your clients should know that hiring an attorney is one of the best ways to indicate to the facility that they are serious about getting released.
If Your Loved One Has Been Baker Acted Please Call Us At 706
Floridas Baker Act is the law that allows police, doctors, and family members to have someone committed for an involuntary 72-hour mental health examination. Both children and adults may be Baker Acted, and it can be a very scary thing for everyone involved. This page is designed to give you an outline of what you might expect if it happens to a loved one, but bear in mind that things move very quickly during Baker Act proceedings. Its important to call or email about your legal options as soon as you can.
If a doctor or police officer has reason to believe that a person has a mental illness requiring an involuntary mental health examination, then the person may be Baker Acted based on the following criteria:
1.The person has refused voluntary examination OR the person is unable to determine for himself or herself whether examination is necessary AND
2.a.Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself such neglect or refusal poses a real and present threat of substantial harm to his or her well-being and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services OR
2.b.There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
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Basics Of The Florida Baker Act
The Florida Mental Health Act, more commonly known as the Baker Act, was passed to allow for the creation of mental health programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. Section 394.453, Florida Statutes.
The Baker Act contains a variety of provisions ranging from screening to appointment of legal guardians. However, the Baker Act is most commonly known for the involuntary evaluation and confinement provisions. Being involuntarily confined for a mental health exam in Florida is commonly called being Baker Acted.
The rights of a Baker Act patient are spelled out in Section 394.459, Florida Statutes. They include receiving a physical exam within 24 hours of arrival at the facility , Fla. Stats.) requesting a writ of habeas corpus in accordance with Chapter 79, Florida Statutes . Fla. Stats.).
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Baker Act General Goal & History
Floridas Baker Act, also known as the Florida Mental Health Act, is a law encompassed in Chapter 394 of the Florida Statutes that provides comprehensive legal procedures when it comes to mental health treatment and examination.
The law was enacted in 1971 and named after Maxine Baker, a Miami State Representative who sponsored the Act and intended for it to
Encourage voluntary commitments as opposed to involuntary, to separate the process of hospitalization from the process of legal incompetency, to increase community care of persons with mental illnesses, and to facilitate persons return to normal community life. Referring to the treatment of persons with mental illness before the passage of the bill, Representative Baker stated in the name of mental health, we deprive of their most precious possession liberty.
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.
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The Juvenile Baker Act In Florida: Navigating Tricky Waters
Individuals with mental illnesses can voluntarily seek help through the Baker Act in Florida if they are suffering from their mental illness and feel that they need medical intervention, but many are unaware that of the juvenile Baker Act in Florida and the way it works.
The Baker Act was created for two reasons to protect the public from individuals suffering from their mental illness to an extent where they become dangerous to others and to protect individuals from themselves when they are suffering from their mental illness to an extent where they arent taking care of themselves or want to harm themselves.
So often parents have questions during this time of fear, shame, and unknown territory. Here are some answers on what you need to know about Juvenile Baker Acts in Florida.
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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What Does Involuntary Examination Mean In Florida
In Florida, involuntary examination refers to the 72-hour Baker Act period. Individuals that behave in an irrational way and could be capable of bodily harm to themselves or others are held for a period of involuntary examination. We can assist with all matters relating to the involuntary examination hold period. Our team has a deep knowledge of all legal issues surrounding involuntary examination, and individuals who have refused voluntary examination.
Suggestions From A Receiving Facility
- If you anticipate a patient will be coming to the Vines Hospital, please call ahead to alert the admissions staff. They will review clinical information and get approval for the admission.
- Within a few minutes, you will be notified if it is appropriate to transfer the patient to the Vines Hospital or another facility. Remember, involuntary patients MUST go to the nearest receiving facility. Staff will be happy to help you get the patient to the appropriate place for help.
- Be prepared. The original BA52 form MUST accompany the patient. Before calling law enforcement to transport, call the Vines Hospital for an approval to admit and then FAX us the patients face sheet and BA52.
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Quick Reference Guide For Law Enforcement
The Baker Act empowers law enforcement officers to initiate an involuntary evaluation of someone if they exhibit any of the following conditions:
- They are mentally ill.
- They are either a danger to themselves or to others.
- Without treatment, they are likely to suffer from neglect.
It can be hard to know whether you should Baker Act someone. You want to be a responsible officer and do the right thing to protect individuals and those nearby, but you are not sure if you should take a person to jail or take them to a Baker Act receiving facility.
This guide has been developed by the Mental Health Coalition of Pinellas County to help you make that decision in the field. We have outlined some common behaviors of those in crisis and summarized important things to know.
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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What Happens After The Baker Act Has Expired
Within 72 hours, the person must be released, either for outpatient treatment or on their own recognizance, unless:
- They are charged with a crime, OR
- They give express and informed consent to voluntarily be held or admitted.A physician must certify that the individual is able to make well-reasoned, willful and knowing decisions about their mental health and medical conditions, OR
- The facility administrator files a petition for involuntary placement with the circuit court
Note that in the latter example, the initial three-day holding period may be longer if a weekend or a holiday falls within that period. In that case, the petition must be filed on the next business day.
If the facility administrator has filed a petition for involuntary placement, a hearing will be held within five business days. The only exception is if the subject of the Baker Act requests and is granted a continuance from the court.
The individual has a right to representation. Unless a private attorney is hired, a public defender will be appointed to represent them. An independent expert examination can be provided by the court on behalf of the person.
The state attorney represents the state. However, one of the facility professionals who filed the petition must be present as a witness.
The court first hears testimony as to whether the individual is competent to elect voluntary treatment. If they are not, a guardian advocate is appointed.
Can I Baker Act Myself
The short answer is yes. A person can have voluntary or involuntary status under the Baker Act. A person who voluntarily admits himself must not only be willing to provide consent but also be competent to provide consent and receive treatment. If a person is deemed incompetent to consent to treatment , you cannot be held under the voluntary provisions of the law.
Why might someone seek to Baker Act himself? There can be a variety of reasons. Sometimes a person is in treatment with an outpatient provider who has been closely monitoring his or her symptoms. The outpatient clinician and the client may have determined clear guidelines under which the individual is to report to an ER. Typically the client would agree to this arrangement during a time of more clarity and people in his support network might also be aware of this arrangement. The purpose of sending the client to the ER might be to keep him or her safe while medications are adjusted or changed or to prevent injury to self or others. Sometimes individuals notice that the intensity of suicidal thoughts are increasing in intensity and frequency to the point where he or she feels concerned about his or her own well-being. For individuals who experience psychosis as a part of their illness, a worsening or re-appearance of psychotic symptoms may be the indicator it is time to be admitted to the hospital.
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How To Address The Situation While Retaining Your Employment
If youve shared the reason for your absence with your employer, your supervisors are required to keep the matter private. This means you dont need to share any details with your coworkers about why you were gone or what youve gone through. If your employer does share this information and it creates a hostile work environment for you, you have the right to sue your employer for damages.
What your employer is entitled to request is regular drug screenings and a note from your physician that verifies youre fit to perform your duties. These matters will be kept private, so if youre worried about what your coworkers may think of your absence, rest assured you dont need to go into great detail about why you were away. Their most likely response will be to welcome you back and help you get caught up on what you missed while you were gone.
If you feel overwhelmed by your mental health problems, dont hesitate to get help. Contact us today by giving us a call at 299-0618 to speak with one of our understanding counselors. We can guide you through the next steps to take to ensure a quick recovery while maintaining your employment.
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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.
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How Do You Have Someone Committed In Georgia
To commit someone involuntary for a mental evaluation, two people have to petition the Court. Petitioners must have witnessed the behavior of an individual within 48 hours of their hearing date. If it has been 49 hours since the two individuals saw the mentally ill person, the Judge cannot sign the Order to Apprehend.
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What Criteria Needs To Be Met To Enact The Florida Baker Act
While it is possible for a person to choose a voluntary Baker Act for themselves, many people are unwilling to agree to go to treatment. In cases such as these, a person can be temporarily committed to a treatment facility if they meet the three following criteria:
- Mental illness is suspected
- The individual is refusing voluntary treatment and doesnt see why they need treatment
- The person poses a threat to themselves or others or is incapable of caring for his or herself.
There are hundreds of different symptoms of mental illness, however, there are some that are more serious than others because they indicate an immediate crisis. Some symptoms and/or conditions that are considered a mental health emergency and may qualify for the Baker Act include:
- Suicidal thoughts or actions
- Inability to care for oneself
- Severe depression
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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.
Who Can Initiate A Baker Act
The law permits police, family members, and doctors to have an individual committed for an involuntary examination. Such examination may be initiated by any of the following means:
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