What Happens After The Petition Is Completed And Filed With The Clerk
The clerk initiates a court case. The file is taken to the presiding Magistrate for review. The Magistrate makes a recommendation to the court to grant or deny the petition. If the person meets the criteria for the Baker Act, the judge signs an order granting the petition. Certified copies of the order are delivered to the Warrants Division of the Palm Beach County Sheriffs Office. The respondent is picked up and taken to the hospital or mental health facility by the Palm Beach County Sheriff’s Office for an evaluation. A person may be held for up to 72 hours for an evaluation. The evaluation may result in authorized staff at the facility petitioning the court for an Involuntary Baker Act Treatment/Placement order. If the order for treatment is granted by the court, the person may be held at the facility for up to 6 months for treatment.
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.
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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Can A Suicidal Patient Leave The Hospital
In fact, in many cases today, patients are discharged before they feel they are ready to go home, while they are still feeling somewhat overwhelmed and suicidal. If you enter the hospital on a voluntary basis, you are typically free to leave the hospital once your level of suicidality has decreased.
How Do You Get Out Of A Baker Act
How to Get Out. The facility is not, by any means, the only one with the ability to get the court system involved. A patient or the patients guardian advocate can file a petition for writ of habeas corpus requesting a hearing regarding release from involuntary confinement.
What is the 3 month rule in mental health?
Under Section 58, a 3-month rule specifically applies to medication for mental disorder for detained patients covering the first 3 calendar months commencing from the first date they are administered such treatment as a detained patient after 3 months such
What is Section 131 of the Mental Health Act?
Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this
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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 Is A Voluntary Examination
Each person entering a facility, regardless of age, must be asked to give express and informed consent for admission and treatment.
The Baker Act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its consequences and are able to fully exercise their rights for themselves.
If the patient is an adolescent, express and informed consent for admission and treatment of a person under 18 years of age is required from the minors guardian.
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A minor can be admitted on a voluntary basis only if willing and upon application by his/her legal guardian and after a judicial hearing to verify the voluntariness of the consent.
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What Is The Baker Act How Do You Baker Act Someone
The Baker Act allows for the temporary detention and examination of people showing evidence of mental illness and who are in danger of harming themselves or others. This includes danger from self-neglect as well as physical harm.
Although the official name is the Florida Mental Health Act of 1971, the statue is commonly called the Baker Act after one of the bills co-sponsors, former Florida state representative Maxine Baker.
The Baker Act was aimed at preserving the rights of those who are involuntarily committed. It replaced the states previous mental health law originating in 1874, frequently referred to as draconian.
The new statute set stringent criteria for invoking the Baker Act, as well as time limit on evaluations and for involuntary treatment requests based on those evaluations. Representation was now required for those who are Baker Acted, among other provisions.
The Baker Act is sometimes confused with the . Floridas Marchman Act also allows for involuntary evaluation and commitment, but it is for substance abuse treatment.
Although the Baker Act is just a Florida statute, people across the country use the term baker acting to mean the process of involuntary committing someone. There are laws in almost every state , however, that authorize some form of involuntary commitment.
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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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.
In Need Of Help From A Baker Act Lawyer
The Baker Act was initiated over 200,000 times in recent years. About 36,000 initiations involved a child. No lawyer was involved for help at this stage of the Baker Act. A lawyer from the Public Defenders office only gets involved in a Baker Act to help after a receiving facility files a petition for continued treatment. In most Baker Act cases, no lawyer is involved to help guarantee your rights are observed. Many Baker Act initiations are wrongful. Baker Act initiation is different than the facility filing a petition.
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What Residents Of Florida Should Know
Although it is always wise to be aware of your state’s legal acts, residents of Florida should pay particular attention to the Baker Act because it could very well be applied to them or someone they care for. Residents should be well versed in this act should an occasion arise where they would need to use it. There are some main points that residents of Florida should know when it comes to the Baker Act.
If you or someone you know is planning on using the Baker Act, get the facts before moving onward. By being aware, you will be able to build a stronger case, thus increasing the likelihood that your case will be enforced. If a loved one has dementia, know that a nursing home or other authority may be able to trump your and the patient’s wishes in some instances. As with any complicated legal matter, the help of an attorney is advised.
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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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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.
What Is The Baker Act Statute For Florida
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.
How do you get someone involuntarily committed in Florida?
It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness and b) is a harm to self, harm to others, or self neglectful .
Who can initiate Baker Act in Florida?
The only physicians who are authorized by law to initiate a Baker Act involuntary examination are those licensed under Chapter 458 and 459 medical and osteopathic physicians.
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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.
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.
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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.
Things To Know About The Florida Baker Act
The Florida Mental Health Act, commonly known as the Florida Baker Act, is available to families and others who believe their loved one is suffering from serious mental health disorders. When someone refuses the mental health treatment they need, it may be difficult to watch. Many times, a person without the ability to make rational decisions needs support to make that possible. Prior to the Baker Act of 1971, this was hard to do.
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What Is The Criteria For The Baker Act
Baker Act admissions can be voluntary or involuntary.
The following criteria must be met in order to involuntarily commit someone for an examination through the Baker Act:
As you can see, it all starts with evidence of a mental illness. In the 2014 Baker Act Handbook, mental illness is defined as:
an impairment of the mental or emotional processes that exercise conscious control of ones actions or of the ability to perceive or understand reality, which impairment substantially interferes with a persons ability to meet the ordinary demands of living, regardless of etiology
Its important to note what is not covered under that definition.
For example, neither a developmental disability nor retardation is not included.
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What Is The Baker Act
The Baker Act in Florida enables involuntary, also known as emergency, mental health services to become available to a person who cannot or will not request help themselves. This may include law officials or family members who recognize the need for a person to receive immediate help. The emergency services available may include admission into a treatment center or hospital. Though the law is straightforward, there is much to know about how it works and when it can be used.
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What Is It Like To Be Baker Acted
No matter which of the three methods are used, it all starts with the person being picked up by a law enforcement officer. That is, unless a person is already in a receiving facility. For example, if a hospital serves a receiving facility and the person goes to the ER for care, whether related or unrelated to mental illness. The attending physician may determine that the person meets the criteria for the Baker Act and hold the person at the facility.
If the person is picked up by an officer, they will be taken one of three places:
During the examination, the professional will: