Understanding the Baker Act
Educate yourself about the Baker Act. The Baker Act, also known as the Florida Mental Health Act (Florida Statute Chapter 394, Part I) is a law that was passed to ensure and regulate emergency mental health treatment services for those suffering from a mental illness. This law is meant to protect all people with serious mental illnesses in the State of Florida. The Baker Act provides procedures to guide both voluntary admissions and involuntary examinations of people suffering from a mental illness. The Act also provides procedures for the involuntary inpatient placement (civil commitment) for someone suffering a mental health crisis. The Act also provides for involuntary outpatient placement for individuals ordered by a Florida court to receive mental health treatment services as an outpatient. The Act sets forth a patient’s bill of rights, mandates attorney representation for those undergoing involuntary placement proceedings, and prohibits discriminatory admission and retention of individuals without just cause.
Review the patient’s bill of rights. If you are concerned about a loved one’s mental health status but unsure whether they will be protected within Florida’s mental health system, you should review the patient’s bill of rights as set forth in the Baker Act located at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html. These rights include: The right to respect and protection of constitutional rights, including the right to petition the court (habeas corpus) to challenge the legality of being held at a mental health facility. The right to receive quality treatment regardless of the patient’s ability to pay. The right to be informed about the risks and benefits of treatment, and the reasons for treatment and hospitalization. The right to communicate privately with people outside of the facility and immediate access to a patient’s family. The right to vote in elections, if eligible to vote. The right to access a phone to report violations of the patient’s bill of rights or abuse and the right to have violations reported on behalf of the patient. The right to participate in treatment and discharge planning.
Understand the requirements for voluntary admission under the Baker Act. The Baker Act provides procedures for individuals who are18 years old and older to apply voluntarily for admission to a psychiatric facility or for individuals 17 or under whose parents or guardians apply for admission on the minor’s behalf. For a person 18 or older, they can be voluntarily admitted if a medical provider finds evidence of mental illness, they are competent to provide express and informed consent and they are suitable for treatment. A minor 17 or younger can only be admitted after a hearing is held to verify the that the consent was voluntary. A person who requests voluntary discharge or revokes consent must be discharged unless involuntary status is sought and approved. (§394.4625, Fla. Stat.)
Know the criteria for an involuntary examination under the Baker Act. For an involuntary examination, a person may be taken to a psychiatric facility if they meet the following criteria: There is reason to believe that the person has a mental illness; and The mental illness has caused the person to refuse a voluntary examination after the purpose of the examination was explained; or The mental illness has caused the person be unable to determine whether an examination is necessary; and Without receiving proper care and treatment, the person may suffer from neglect, represents a real and present threat to his/her well-being; and it is not clear that this harm can be avoided with the intervention of family and/or friends; or Without treatment there is a substantial likelihood that the person will hurt himself or others in the near future.(§394.463, Fla. Stat.)
Ask a legal or medical official to initiate an involuntary examination. The following people can initiate an involuntary examination: A court can enter an ex parte order (order for the benefit of one party) stating that the person appears to meet the criteria for involuntary examination. The court may hear sworn testimony on the subject and must set forth the findings on which the court based its conclusion. A police officer can take a person into custody and deliver them to a psychiatric facility for examination if the person appears to meet the criteria for involuntary examination. A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker can execute a certificate, which states that the mental health care provider examined the person in question within the preceding 48 hours and that the person appears to meet the criteria for involuntary examination. The healthcare provider must also set forth the reasons supporting his/her conclusions.(§394.463, Fla. Stat.)
Initiating an Involuntary Examination Under the Baker Act
Watch the individual for signs of mental illness. Monitor the behavior and mental state of the person about whom you are concerned. In order for the Baker Act to be relevant, the person must be suffering from a mental illness, which is defined under Florida law as: An “impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality.” The impairment “substantially interferes with the person’s ability to meet the ordinary demands of living.” Mental illness “does not include developmental disability, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.”(§394.455(18), Fla. Stat.)
Talk to your loved one about voluntary admission. If the person with a mental illness is a loved one and appears to be in a lucid state, consider asking them to seek help at a psychiatric facility. When discussing this topic, consider the following: Stress how worried you are about your loved one. Explain that with a voluntary admission, they can revoke they their consent and must be discharged unless the doctors find they are suffering from a mental illness, can’t make their own decisions about treatment and/or appear to be a substantial harm to themselves or others. Approach the topic in a non-threatening manner and back off if the individual becomes violent or shows signs of distress accompanied by adamant refusal.
Talk to a mental health professional who can diagnose and treat your loved one. If your loved one is already under the care of a mental health professional and you are concerned about a change in behavior or the manifestation of a mental illness, contact your loved one’s doctor and discuss the new behavior. The doctor may try to reach out to their patient to assess the situation. If after examining the patient, the mental health professional feels that the individual meets the criteria for an involuntary examination, then they may initiate the process under the Baker Act. The mental health professional or caseworker will then need to execute a certificate stating that the examination has taken place within the past 48 hours. Any certificate issued will be sent to local law enforcement. From there, a law enforcement officer will take the named patient to the nearest receiving facility.
File an ExParte Petition for Involuntary Examination with the court. If your family member with a mental illness refuses to speak with a mental healthcare professional, and you believe that they meet the criteria for involuntary examination, you can file an ExParte Petition for Involuntary Examination with the court. The petition and affidavit for a ExParte order can be found here https://www.flrules.org/gateway/readRefFile.asp?refId=11920&filename=CF-MH%203002%20Petition%20and%20Affidavit%20Seeking%20Ex%20Parte%20Order%20Requiring%20Involuntary%20Examination.pdf while the actual ExParte form can be found here https://www.flrules.org/gateway/readRefFile.asp?refId=11919&filename=CF-MH%203001%20Ex%20Parte%20Order%20for%20Involuntary%20Examination.pdf. As part of the petition, you must include the following information: Your name, home address, occupation and work address. The name, address, and identifying information for the person for whom you are requesting an involuntary examination. A description of your relationship with the person for whom you are requesting an involuntary examination, such as: whether you are family members; whether you are on good terms; how long you have known each other; whether you have ever called the police on the person and why; and whether you have ever gone to court related to the person and why. A description of the concerning behavior and whether the behavior was caused by intoxication and not a mental illness. A description of why you believe the person has a mental illness, whether you believe they are at risk for substantial harm to themselves or others, and whether you tried to secure voluntary mental health services for the person.
Get help directly from the police. If your loved one is in need of urgent care and you are concerned that they are in immediate danger, you can call your local law enforcement and inform them of the situation. An officer can take a person who displays outward signs of the necessary criteria to a receiving facility for an examination. This is usually done in cases where no time can be wasted. For instance, if someone has attempted suicide or is threatening suicide, self-harm, or harm to another individual, you should call the police instead of resorting to another method.
Following-Up On the Patient’s Care and Recovery
Be aware that the involuntary examination is temporary. Under the Baker Act, the person taken for an involuntary examination will be seen at the nearest mental health receiving facility. Under the Baker Act, the facility will gain custody of the individual but that custody will only last for 72 hours. Upon admission, the patient will receive a mental health examination and any emergency treatment necessary to stabilize his/her immediate condition. Within 72 hours, the patient must be released or the facility must file a petition for involuntary placement. A psychiatrist or clinical psychologist must approve the patient’s release.
Learn about Involuntary Inpatient Placement (IIP). If the situation proves serious enough after the initial exam, the mental health facility might petition to place the patient under IIP. IIP is the same thing as civil commitment. The individual will be admitted for further mental health treatment beyond stabilization of the mental health crisis and without the patient’s consent. The patient must meet criteria similar to the criteria for involuntary examination. The IPP must be supported by a psychiatrist and must also be backed by a second psychiatrist or a clinical psychologist. After reviewing the petition and hearing medical testimony, a court can order IIP. A court can order an IIP for up to six months, and the stay can be extended after additional court hearings. The patient will receive treatment at a state mental health treatment facility or at a short-term residential treatment facility.
Learn about Involuntary Outpatient Placement (IOP). IOP is less common than IIP. This is a form of commitment, pursuant to a court order, whereby a patient seeks mental health treatment on an outpatient basis.
Show your support. Recovery from mental illness is very difficult and your loved one will need compassion and support during the entire process. Continue to show support during any court-ordered treatment and after that treatment has concluded. If you suspect that the problem is returning, address those concerns appropriately by discussing them with the individual in question or by consulting a mental health professional.
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