Getting a loved one Baker Acted in Florida is a big decision, so it is essential that you have all the legal support you need before proceeding. If your loved one is in crisis, though, it is important you don’t delay.
It can be incredibly stressful and upsetting when a loved one is experiencing a mental health crisis but is refusing to take their medication or seek appropriate psychiatric care. In these circumstances, initiating a Baker Act process may be the best course of action to safeguard their wellbeing. If you’re worried about a loved one’s psychiatric condition and want to understand how you can get someone Baker Acted in Florida, you’ve come to the right place.
What Is The Baker Act?
The Baker Act – officially known as the Florida Mental Health Act – was passed by the Florida legislature in 1971. Its core provision sets out a legal pathway for initiating the involuntary psychiatric examination of a person who is experiencing a mental health emergency and who urgently needs to be assessed by qualified professionals, who can then recommend a further course of treatment. This legal pathway is colloquially referred to as a ‘Baker Act hold’, and it is used by thousands of Florida families every year to protect loved ones in crisis and ensure they receive stabilizing treatment. Although the Baker Act also sets out a voluntary admission process, many people suffering from serious mental illness are unable to recognize that they require treatment, which is why it is the involuntary Baker Act process is used most frequently in Florida.
What Are The Criteria For A Baker Act Hold?
To get someone Baker Acted in Florida, three criteria must be established. Specifically, a person can only be held for an involuntary examination in terms of Florida’s Baker Act if:
- They are experiencing mental and/or emotional impairment to such a degree that they can no longer perceive reality or cope with the demands of ordinary life; and
- As a result of this impairment, the person is unable to determine for themselves whether they require psychiatric examination and treatment, or they have outright refused an examination; and
- If a Baker Act intervention is not initiated, it is imminently likely that they will suffer harmful neglect; or they are likely to cause serious harm to themselves or others.
In each case, there must be good reason to believe that the above criteria have been met, as evidenced by the individual’s recent behavior. A Baker Act hold is a serious limitation of someone’s rights and freedoms, so it should only be used as an intervention of last resort.
How Can Families Initiate A Baker Act Intervention?
For families who are concerned about a loved one in crisis and don’t know where to turn, the Baker Act process can be a lifeline. A Baker Act hold will ensure that your loved one receives a comprehensive psychiatric evaluation from medical professionals who are equipped to deal with mental health emergencies, and will prevent them from taking any steps to harm themselves or others while they await treatment. There are three main pathways which can be used to get someone Baker Acted in Florida.
Calling law enforcement
The first way in which you can initiate a Baker Act hold is by contacting law enforcement (or, in an emergency, calling 911) and requesting that officers with crisis intervention experience assess your loved one. If law enforcement have good reason to believe your loved one meets the criteria for an involuntary examination, they will take them into custody and deliver them to the nearest psychiatric facility (called a ‘receiving facility’ in the Act) for an examination. However, calling law enforcement could be traumatic for your loved one, and it is generally advised that you use other means to initiate a Baker Act hold unless an emergency intervention is required to protect your loved one from immediate harm.
Seeking the assistance of a medical professional
An alternative route to seeking a Baker Act hold is to take your loved one to the emergency room or to see a psychiatrist, who can then determine whether your loved one meets the criteria for an involuntary hold. If they do, the examining doctor will issue a professionals certificate authorizing law enforcement to take your loved one into custody and deliver them to the nearest facility. While this route is less traumatic, it can be difficult to use, as it requires your loved one to willingly accompany you to the doctor or emergency room.
Petitioning the court
The most common way Baker Act holds are initiated by families in Florida is by filing a petition with the court. The petition, which is referred to as a ‘petition for involuntary examination, essentially asks the court to grant an ex parte order that requires law enforcement to take your loved one into custody and deliver them to a treatment facility where they will undergo an involuntary examination. An ex parte order is an order granted in the absence of the person whom it affects, so this means that your loved one will not need to be present at the hearing for it to proceed.
To file a petition for involuntary examination, you will need to include sufficient evidence that your loved one meets the criteria for an involuntary hold. This could include witness statements, medical notes and the like. The court will assess the evidence and order an involuntary examination of your loved one if it deems the Baker Act criteria have been met.
What Happens After A Baker Act?
How you get someone Baker Acted in Florida has no impact on what happens once the hold is in place, and the same procedure will be followed in each case:
- Once the individual has been taken to a psychiatric facility, they must be assessed by a psychiatrist or physician with psychiatric expertise;
- Once they have been assessed, they must either be released immediately, or released and enrolled in an outpatient treatment program;
- If the examining psychiatrist determines that further in-patient treatment is required, the facility’s representatives must petition the court to order the individual’s long-term ‘involuntary placement’ in the facility.
A person who has been Baker Acted may not be held for longer than 72 hours, initially, and ideally they should be examined as soon as possible. If a loved one has been held for more than 72 hours but has not been assessed, they may be experiencing a wrongful Baker Act hold.
Protect A Loved One From Harm And Neglect With An Emergency Baker Act Hold
Understanding how to get someone Baker Acted in Florida can be difficult, as the legal processes and criteria are complex and many different institutional stakeholders are involved. If you’re overwhelmed by the process, uncertain whether to Baker Act your loved one, or are confused about which route is most appropriate in your circumstances, it is a good idea to seek advice from an involuntary hospitalization attorney. An attorney can help you to assess the severity of your loved one’s condition and determine whether a Baker Act hold or less invasive intervention would be most appropriate.
Getting a loved one Baker Acted in Florida is a big decision, so it is essential that you have all the legal support you need before proceeding. If your loved one is in crisis, though, it is important you don’t delay – a Baker Act hold can be life-saving intervention that serves as a crucial turning point in your loved one’s mental health journey.
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