Involuntary hospitalization is a drastic measure that should only be taken in instances where someone is experiencing a mental health crisis. Whether you’ve been hospitalized against your will, have a loved one who has been hospitalized without grounds, or are considering bringing a court petition to hospitalize a family member who is experiencing severe mental illness, you’ll need an attorney for your involuntary hospitalization case.
What Is Involuntary Hospitalization?
Involuntary hospitalization – also called involuntary commitment or a ‘Baker Act hold’ – is the process whereby a person suffering from serious mental illness or experiencing a psychotic episode is taken to a psychiatric facility against their will for stabilization and a psychiatric evaluation. Under Florida law, involuntary hospitalizations are carried out in terms of the Baker Act, a statute that was enacted in 1971 to provide for voluntary and involuntary mental health treatment at registered treatment facilities.
Involuntary hospitalization, referred to as involuntary examination in the Baker Act, can be initiated in three ways:
- By court order: A court can order that a person be taken to a psychiatric facility for assessment by a qualified professional following a petition brought by a person familiar with the circumstances of the case.
- By law enforcement: A law enforcement officer can detain and deliver a person who appears to meet the requirements for involuntary hospitalization to a treatment facility for evaluation.
- By a qualified professional: A qualified professional with appropriate experience – such as a physician, psychiatrist, clinical psychologist, or psychiatric nurse – can decide that a person requires involuntary hospitalization for further assessment after examining them and concluding they need to be stabilized and examined.
A person should only be involuntarily hospitalized when they are experiencing mental impairment to such an extent that they have lost touch with reality and/or can’t meet the demands of ordinary life, have refused to access treatment or are unable to recognize that they need it, and as a result, are likely to suffer serious self-neglect or are likely to harm themselves or others. If you (or someone you know) have been hospitalized when these criteria haven’t been met, you should contact an attorney experienced in involuntary hospitalization matters as soon as possible.
When Is Involuntary Hospitalization Appropriate?
There’s no doubt that involuntary hospitalization can be a life-saving intervention for those experiencing a mental health crisis. Though it is a severe curtailment of an individual’s rights, involuntary commitment to a psychiatric facility is an appropriate step when someone is experiencing immediate crisis, which occurs when a person loses touch with reality and may be experiencing hallucinations, delusions, general confusion, and/or extreme paranoia. For instance, psychosis may occur in persons with bipolar disorder or schizophrenia and can also be a symptom of acute post-partum depression or epileptic seizures.
Other legitimate grounds for involuntary hospitalization include instances where mentally ill people are threatening to self-harm or harm others or have reached such a stage of illness that they are no longer caring for themselves (e.g. they are neglecting personal hygiene, are absent from work or other commitments, are not eating properly, and/or are failing to take prescribed medications). If a loved one appears to fit this description, you should consider consulting with an attorney, as involuntary hospitalization could potentially be avoided by arranging a less drastic intervention, such as registering your loved one for outpatient treatment.
When Is Involuntary Hospitalization Inappropriate?
Unfortunately, in Florida, the Baker Act’s involuntary hospitalization provisions are frequently misused. Sometimes, a person is Baker Acted when they should have instead benefited from an intervention under the Marchman Act, which specifically caters for people whose primary health issue is a substance use disorder (rather than mental illness). Often, young children with behavioral issues or autism are Baker Acted when law enforcement is called to the child’s school during an outburst, traumatizing the child and exacerbating their condition.
In many cases, a person may be experiencing symptoms of mental illness but may not yet reach the threshold for involuntary detention and examination under the Baker Act. For individuals in this category, helping them to voluntarily access therapy and medication or registering them with an outpatient treatment program may be a much more effective intervention that still respects their personal agency and wishes.
What Role Do Attorneys Play In Involuntary Hospitalization Cases?
Baker Act attorneys can assist in involuntary hospitalization cases in a variety of ways. Let’s take a look at a few of these below.
Helping you to leave a treatment facility if you’ve been improperly Baker Acted
Anybody who has been taken to a treatment facility for involuntary examination has the right to access legal representation and challenge the court order that sanctioned their involuntary treatment. If you’ve been improperly Baker Acted, it is crucial that you contact a qualified Baker Act attorney to challenge your involuntary hospitalization as soon as possible. Your attorney will request an emergency hearing to secure your release and will oppose any further petition for long-term treatment brought by the treatment facility where you are being held.
Fighting a loved one’s wrongful detention on your behalf
If your loved one has been wrongfully Baker acted, you’ll need an experienced Baker Act attorney by your side to help you navigate the legal process for securing their immediate release. Unfortunately, there are several unscrupulous treatment facilities in Florida that seek to detain individuals for months, even when less drastic interventions would be suitable, as they stand to benefit financially. The risk of this happening to your loved one is heightened in circumstances where they have health insurance. You’ll want to act quickly to obtain legal representation so that your lawyer can challenge any petition brought to extend your loved one’s involuntary hospitalization. They’ll also be an important source of support to you during this distressing time.
Advising you on whether to Baker Act your loved one
Though involuntary hospitalization should be a last resort, it is sadly necessary in some cases. However, if you are considering Baker Acting your loved one, it is strongly recommended that you first speak to an attorney to discuss your options and the potential consequences that involuntary hospitalization may have. An experienced Baker Act attorney will also be familiar with reputable treatment centers and outpatient facilities and will help you come to a decision that is in your loved one’s best interests. Having a trusted advisor to support you through this challenging process will give you peace of mind that you are making an informed decision that ensures your loved one will receive the best possible care.
A Reputable Baker Act Attorney Is Ready To Assist You In Your Involuntary Hospitalization Case
At Baker Act Attorneys, we have dealt with hundreds of involuntary hospitalization cases over the past years and are intimately familiar with Florida’s legal framework for involuntary mental health treatment. Whether you’ve been improperly Baker Acted, need to secure the immediate release of a loved one who has been detained under the Act, or are considering whether to Baker Act a family member, we are your go-to legal advisors.
Our compassionate, responsive, client-focused approach has made us the law firm of choice for families dealing with the mental health crisis of a loved one. Contact us today at 855-429-0074 to arrange a consultation or request emergency legal assistance.