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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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.
What Happens After And How To Get Inpatient Drug Treatment
Immediately after being Baker Acted or having the Marchman Act invoked, an individual will be involuntarily held for examination. If a person has the Marchman Act invoked on him or her, he or she will be court-ordered to complete a determined number of days in treatment. If someone is Baker Acted, they will only be involuntarily held for up to 72 hours and then they are free to either follow the recommendations provided to them or go back to living their lives.
If it is determined that your loved one will need inpatient drug treatment, then you will have to find a facility that will be best for him or her. Since you are already connected to the courts, the county, and potentially mental health specialists, you can easily request referrals for inpatient drug treatment programs from them. This is ideal, as someone who has been involved in this process and who is familiar with your loved ones case can guide you towards the resources that can help most. You can also search online for inpatient drug treatment in the area.
When you are searching for treatment, it is important that you consider the following:
- What types of drug addiction they treat
- What their accreditations are
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Were Always Here To Help
Assessment and Referral Specialist are available 24 hours a day, 7 days a week to assist you or your loved one. We cannot offer diagnosis, counseling, or recommendations online. To schedule a no-cost assessment or for more information, please call or send us a message.
In case of a mental health crisis, CALL 988 or seek the nearest emergency room.For physical health emergencies, CALL 911 or seek the nearest emergency room.
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.
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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.
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.
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Helping Someone With Mental Health Issues
Keep an eye on your friend or family member. Try to get her help in the form of mental health counseling or medication. Even if she seems to be improving, watch her very carefully. Using the Baker Act is a last resort.
Talk to your friend about voluntarily Baker Acting himself. Anyone 18 years of age or older can Baker Act himself. If the person is under 18, parents must provide the authorization. You can also contact your friend’s mental health professional. Any mental health professional can authorize the psych hold if he feels it’s necessary.
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.
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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.
Quick Guide For Law Enforcement Officers
Sometimes its hard to know if you should Baker Act someone. You want to be a responsible officer and do the right thing to protect individuals and those nearby, but youre not sure whether to take a person to jail or to initiate the Baker Act and take the person to a 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 things to be on the lookout for.
Key Points
Behaviors to Look For
Individuals with mental illness who may need further evaluation typically exhibit a combination of the following behaviors, characteristics, or indicators of their illness:
NOTE: If you have any doubts, dont forget to contact your CIT Officers or one of the receiving facilities.
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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
How Do You Get Someone Involuntarily Committed In Florida
It can be initiated by judges, law enforcement officials, or mental health professionals. Act defines a mental illness as a harm to self, harm to others, or self neglectful, and the Mental Health and Developmental Disabilities Services Act defines a mental illness as a harm to self, harm to others, or self neglectful.
If a person is found to be a danger to himself or herself, he or she may be involuntarily committed to a secure psychiatric facility for a period of up to one year. The length of the commitment depends on a number of factors, such as the severity of his or her condition, the likelihood of re-offending, and the need to protect the public.
In some cases, a court may also order an outpatient evaluation to determine whether the patient is likely to reoffend and, if so, whether treatment is necessary. A person found not guilty of a crime by reason of insanity may not be committed for psychiatric treatment.
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What Is A 14 Day Psychiatric Hold In California
If your doctor places you on a 14 day hold, it is because he/she believes that you continue to be either a danger to yourself, a danger to others, gravely disabled or some combination of these reasons. It is called a 14 day hold because you may continue to be hospitalized involuntarily for up to 14 more days.
They Dont Understand That An Exam Is Necessary
A secondary component of this process is that the person must have refused a voluntary examination when it was offered to them. If that is not the case, their mental illness is making it impossible for them to understand why and how an exam like this is necessary. At the same time, the person must be suffering from neglect or may cause harm to themselves or other people if they do not receive this care.
In these situations, the Baker Act may apply. The law encourages a person to receive voluntary mental health, but when that is not utilized, it is possible for family members, law enforcement, health professionals, or others to petition the circuit court for involuntary examinations. If that occurs, the following steps happen.
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How Long Does A Baker Act Stay On Your Record
Theres currently no way to have a Baker Act removed from your record if the police were involved. However, the report may only mention that there was an incident with the police without additional details, especially if the matter never makes it to trial. Baker Acts are also not listed on the FBIs National Instant Criminal Background Check System.
What Are The Criteria For A Baker Act
An individual may be taken to a receiving facility for involuntary examination under the Baker Act if:
- 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 necessary and either
- Without care or treatment, the individual is unlikely to care for themselves which can result in substantial harm to their well-being, and it is not evident that harm can be avoided through familial intervention or other services or
- It is likely, based on recent behavior, that without treatment, the individual will pose a serious threat to themselves or others.
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Challenge A Wrongful Baker Act
Baker Act Attorneys
When a loved one is in trouble, you want to do whatever you can to help them. If they are contending with mental illness, you may help them find a therapist or a facility where they can go and get treatment as well as medication to function in their everyday life. If they are addicted to drugs and alcohol, this could mean staging an intervention and finding a rehabilitation facility where they could fully recover.
But when they are incapable of seeking out treatment, they refuse to take care of themself, and they pose a threat to themself or others, you may not know where to turn. What do you do if your loved one says they are planning to overdose on drugs or assault someone? What do you do if they attempt to hurt you?
You could always call up the cops or a mental health professional to see what they can do. They may just invoke the Baker Act and take your loved one to a facility against their will for evaluation. There, your loved one might get the treatment they need to heal and stop posing a threat.
What Is The Baker Act?
For instance, an individual may claim that they are going to kill themselves and write a suicide note to show to their friends and family. They may also threaten to run someone over with their car, or otherwise attempt to hurt or kill another individual because they are not mentally well.
Who Determines if an Individual Can Be Involuntarily Taken to a Facility?