Background
It is enforceable by Florida Baker Act law enforcement agencies. The statute enables law enforcement, medical professionals, and family members to commit someone to an arbitrary 72-hour mental health assessment. People of all ages may get Baker Acted, which may be a frightening experience for them all. This blog will give you a standard overview of what you can anticipate if it occurs to a loved one. But keep in mind that things advance extremely fast during Florida Baker Act Law proceedings. Calling or emailing your legal alternatives becomes inevitable as soon as the proceedings start.
The law bears Maxine Baker’s name, a former Florida representative. Notably, as a part of the Florida Mental Health Act at the beginning of the 1970s, by freeing those who posed no threat to themselves or others. This measure restored rights to several people with mental health concerns. However, how does the Florida Baker Act Law work? You will find the remedy in the blog below.
Requirements of Florida Baker Act Law
The provisions of the Florida Baker Act Law are:
- The subject must satisfy one or both of the following requirements. The subject also must either decline a voluntary examination or be unable to consent to it;
- be susceptible to damaging self-neglect that willing family and friends cannot treat, and
- be vulnerable to seriously hurting yourself or others.
Most individuals admitted under Florida’s Baker Act Law pose a possible danger to themselves. Since most people are brought in under the second category, harm to self or others, which includes suicidal thoughts or behaviors.
Transportation
Transportation is the essential first step in Florida’s Baker Act Law. The law mandates that the police transport someone who is being hauled in for an unannounced mental health check unless the person is already in the hospital for treatment of an emergency medical condition. Then, the police must send the victim to the closest Baker Act Receiving Facility (BARF) in the jurisdiction where the crime occurred.
Admission to the institution for the 72-hour test is the next stage. Remember that the maximum duration of an examination is 72 hours; a person does not need to be under observation for the entire three-day period. The institution has 24 hours to perform a medical exam and is free to undertake a mental assessment to see if the patient is eligible for a lengthier course of treatment. You have the freedom to refuse medicine. However, medical personnel frequently accuse you of being “non-compliant” and, therefore, must be held longer.
The facility must choose one of three options during the 72-hour assessment window. They have three options:
- Release the patient;
- Request that the patient must admit for a more extended period of mental health care; or
- Ask the patient to voluntarily enter (if he is mentally competent to do so).
The 72 hours
The facility has an extra five business days to schedule a hearing before a judge or magistrate if it submits a petition for additional involuntary treatment. The institution was the one that first filed the petition. At these meetings, the State of Florida is legally requesting more treatment. It is true because only the government has the power to take away someone’s freedom. Every person who is the subject of petition for involuntary treatment has the right to a public defender at the hearing. This process is adversarial between the State and the patient (it only applies after a petition for more extended treatment).
I frequently see institutions ask for further compulsory treatment to extend their stay over the first 72 hours. Then, before the hearing, they typically withdraw the petition. Instead of the three days legislation allowing for a standard Baker Act, this effectively lengthens the investigation time to five or seven days. One of the reasons you might want to engage legal counsel is that they can set to work immediately. They can inform the institution that they have no legal justification for requesting further care to convince them to abandon the case before the hearing.
Additionally, you might wish to employ a lawyer because, in most of these situations, the public defenders aren’t given access to the patient’s file until the morning of the hearing. As a result, they don’t have time to make preparations.
What are the standards of Florida Baker Act Law?
The standards that a court must consider while deciding whether to approve a petition for more extensive inpatient care are substantially the same as those under the original Florida Baker Act Law. The law refused voluntary treatment and was either harmfully neglectful or a danger to self or others. However, there is a third requirement: the inpatient setting must have the fewest restrictions necessary for the patient’s recovery. It is a significant catch and the primary justification a judge could not allow a petition for lengthier treatment. However, if a petition is approved, the court may compel the patient to remain in inpatient care. It will last for up to 90 days or six months in some extreme circumstances.
Legal proceedings
The Florida Baker Act law court must schedule the involuntary placement hearing within five days. A public defender, ordered by the court, will represent the defendant if they do not have another attorney. Then, the court hears testimony to decide whether the person is competent to consent to treatment. Finally, the court appoints a guardian advocate if the person is incapable. If the court decides the individual qualifies for involuntary placement, it will issue an order remanding the person for six months to an inpatient mental health institution. The court may extend this time limit.
Summary
Florida Baker Act Law leads to the police requesting a “Risk Protection Order.” Even if the mental health court has no binding treatment commitment, the person is free to go within 72 hours. These risk protection orders (RPOs) empower police enforcement. Also, these RPOs empower to seek the court to take away a person’s weapon rights for up to a year. With its wealth of expertise with complex cases, Parris Law, P.A. can help you navigate them. For example, you could need to sign away your Second Amendment rights by the police.
It is a complete list of the laws and clauses included in the Florida Baker Act Law. In addition, the Department of Children and Family Services (DCF) has published various guidance documents and administrative procedures to execute the Act. However, many potential traps might develop, making obtaining release more challenging.
The Florida Baker Act Law can be enforced by the court, police enforcement, doctors, and mental health professionals, among other entities. Therefore, if you’re concerned for a friend’s or relative’s safety and think a Baker Act is required to evaluate their mental health, you have a few options. First, if they are actively exhibiting symptoms of severe mental illness, making threats to kill themselves or others, or appearing detached from reality, call the police. It will prompt Baker to take urgent action.
It is in best interest of all parties if the person submitting the petition takes the time to choose the best mental health facility and Baker Act-receiving facility to ensure that transition into treatment is as simple as possible.
