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.
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.
What Happens When You Baker Act Someone?
When a loved one sees a problem occurring and wants to help that individual get help, the first step should always be to ask them to enter into treatment on a voluntary basis. It is the safest option available.
When that does not happen, it may be necessary to go through the steps listed here in order to ensure they receive the level and type of care they need.
What’s the Difference Between the Baker Act and the Marchman Act?
The Baker Act and Marchman Act are both used to help Florida citizens who might be of harm to themselves or others but used in two different ways. The Baker Act is meant solely for those struggling with mental health issues while the Marchman Act was created specifically as an answer to substance abuse problems.
When reported by law enforcement, medical professionals, or family members, both acts mean that a person can be held up to seventy-two (72) hours for an involuntary assessment for substance abuse or mental health disorders.
How Does the Baker Act Process Work?
When a loved one is struggling with mental illness or is in danger of harming themselves or others, they may not be able to make the decision to get help on their own. This is when the Baker Act comes into play. Here are 7 things you should know about this law.
#1: A Person Must Be Impaired
The individual must be emotionally or mentally impaired. That means that they are unable to control their own actions, or they may not understand reality. However, it does not include instances in which a person is under the influence of a substance nor instances in which a person has a developmental disability. More commonly, they are in a state of psychosis and unable to make rational decisions.
#2: They Don’t 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.
#3: 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.
#4: A Court Hearing Is Scheduled
An involuntary placement hearing must be scheduled within five days. A court-appointed public defender is assigned to the individual unless they have other representation. Testimony and evidence are provided to determine if the person is competent to consent to treatment. If not, then a guardian advocate is appointed to the individual. If they are found incompetent, an order remanding the individual to a treatment center for up to six months is possible.
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#5: Health Professional Order
In some cases, a health professional such as a clinical social worker, psychiatric nurse, or clinical psychologist, or even just a doctor, conducts an examination. If this has happened in the previous 28 hours, and it is found that the person met the requirements for involuntary examination, the law enforcement officer transports the individual to a treatment center for care.
#6: Evaluation
In situations where a hospital admits a person as a result of an emergency medical condition, the circumstances are a bit different. Here, a psychiatrist and a second mental health professional must provide an evaluation. This must take place within 72 hours.
#7: Final Steps
Sometimes the doctor will determine the condition has stabilized and the individual is no longer in an emergent situation. In this case, the doctor may determine the Baker Act criteria is not met and the person is released. Or, if the evaluation took place at a treatment center and documentation supporting the release of the person is available from a clinical psychologist, then the person is released. Or, the person is transferred to a treatment center that provides the type of care the person needs.
What Happens After the Involuntary Examination?
The evaluation period for minors is no longer than 12 hours. For adults, it is no longer than 72 hours. During that time, a diagnosis is made based on the symptoms present. A health disorder treatment plan may also be created which outlines the type of care a person needs.
In some cases, a person may be released unless there was a crime occurring. Or, there are times when a person is ready to make an informed consent to receive voluntary care.
If the person is not willing to do so and he or she needs care, the medical professionals will ensure the involuntary placement is made.
Though this is a complex situation, it is one of the most important investments in a person that you, as a loved one, can make. In situations where voluntary treatment is an option, that should be pursued. In other cases, the Back Act can act as a tool to help a loved one get the care they need.
The examination period for minors is no longer than 12 hours. For adults, it is no longer than 72 hours. During that time, a diagnosis is made based on the symptoms present. A health disorder treatment plan may also be created which outlines the type of care a person needs.
In some cases, a person may be released unless there was a crime occurring. Or, there are times when a person is ready to make an informed consent to receive voluntary care.
If the person is not willing to do so and he or she needs care, the medical professionals will ensure the involuntary placement is made.
Though this is a complex situation, it is one of the most important investments in a person that you, as a loved one, can make. In situations where voluntary treatment is an option, that should be pursued. In other cases, the Back Act can act as a tool to help a loved one get the care they need.
If your loved one is struggling with substance abuse and mental health issues, Riverside Recovery of Tampa is here to help you. Our professional admissions team is available to answer any questions that you may have. Contact us today.