The Baker Act is a Florida Law that allows a law enforcement officer, qualified professional, or Court to initiate the involuntary confinement and evaluation of a person who is experiencing a mental health emergency. This process is colloquially referred to as a ‘Baker Act hold’. Although the law has proved to be a life-saving intervention in many circumstances, it is not uncommon for it to be used inappropriately, in scenarios where less invasive interventions are available.
If your loved one has been subject to an involuntary Baker Act hold, or is showing signs of a mental health crisis, you’re likely feeling overwhelmed and out of your depth. An experienced Florida Baker Act attorney can provide you with comprehensive legal advice during this distressing period, and help you ensure that your loved one gets the help and care they need.
When Is It Time To Call A Florida Baker Act Attorney?
For many families, the Baker Act’s complex processes will be daunting and unfamiliar – in fact, they might not have been aware of the Baker Act at all prior to their loved one’s confinement. Without a basic understanding of the Act, it can be difficult to judge whether your loved one’s circumstances require professional legal intervention. In this article, we set out five scenarios in which the support of a Baker Act attorney is essential.
1. Immediately after a loved one is detained
If your loved one has been detained by law enforcement and taken to a receiving facility for an involuntary psychiatric evaluation, it is imperative that you contact an experienced attorney as soon as possible. They will be able to quickly determine which receiving facility your loved one has been taken to, and will liaise with the facility’s representatives on your behalf to demand your loved one’s immediate release.
Although the Act mandates that a person may only be held for an initial involuntary examination for a maximum of 72 hours, it is not uncommon for unscrupulous receiving facilities to detain people for extended periods, without Court authorization, causing significant distress in the process. With a reputable Florida Baker Act attorney representing your loved one, you can rest assured that your loved one’s rights will be protected throughout their Baker Act hold.
2. If you believe the law was misapplied
The Baker Act empowers a law enforcement officer, qualified professional, or Court to initiate a Baker Act hold if they reasonably believe that a person is experiencing mental impairment, and as a result of this impairment:
- They can no longer handle the demands of daily life, or are struggling to perceive reality; and
- They cannot determine for themselves whether they require an evaluation and treatment for their mental illness, or have outright refused such treatment; and
- If they do not receive an intervention and treatment, they are likely to suffer harmful neglect; or there is a real and immediate risk that they will harm themselves or others.
These criteria make clear that a Baker Act hold should only be initiated when a person’s behavior clearly indicates that they are experiencing a mental health emergency. Unfortunately, however, law enforcement officers frequently misapply the Act’s criteria, whether by taking a person’s behavior out of context or misjudging the extent of a person’s mental impairment. If you suspect that your loved one has been wrongfully Baker Acted by Florida law enforcement, a Baker Act attorney can demand their immediate release.
3. When receiving facilities push for extended commitment
A Baker Act hold should never last longer than 72 hours, but frequently does. The only way it is legally permissible for your loved one to be held for longer is if the receiving facility has filed a ‘petition for involuntary placement’ and this has been granted by a court. Involuntary placement simply refers to the long-term commitment of an individual at a mental health facility. Sadly, it is not uncommon for unethical facilities to push for a person’s extended treatment simply because it entitles them to charge exorbitant medical bills. The risk of this unethical practice is heightened in circumstances where a person has health insurance. If you have received notice that the receiving facility has filed a petition for involuntary placement, it is crucial that you hire an experienced Florida Baker Act attorney as soon as possible to challenge the petition.
4. For court hearings and advocacy
If your loved one has been subject to an unlawful Baker Act hold, it is vital that you begin advocating for their release immediately. However, navigating the complexities of the Baker Act as a lay person can be incredibly confusing and stressful. With a reputable attorney by your side, you will be well-positioned to exhaust every legal option available to ensure your loved one is quickly released.
If the receiving facility is refusing to discharge your loved one, your attorney can help you to file a special petition called a ‘writ of habeas corpus’. This petition essentially calls on the facility to appear before the court and provide the judge with legal justification for the continued involuntary commitment of your loved one. If the facility is unable to demonstrate that your loved one’s confinement is justified, the court may order their release.
5. When families feel overwhelmed
One of the major advantages of hiring a Baker Act attorney with experience in Florida courts is that you receive accurate, reliable, specialist legal advice at every stage of your efforts to challenge your loved one’s Baker Act hold. When a loved one is in crisis and you don’t know where to turn for help, a compassionate, experienced attorney can lift a huge weight off your shoulders by advocating for your loved one, representing you in court hearings, and providing a listening ear.
Many Baker Act attorneys have experience in other areas of Florida mental health law, and can provide you with strategic advice tailored to your loved one’s needs. For example, if your loved one is experiencing poor mental health as a result of a substance use disorder, your attorney can provide you with advice on how to use Florida’s Marchman Act to get your loved one on the road to recovery.
Leading Florida Baker Act Attorneys Are Here To Help
If your family member is experiencing a mental health crisis, know that you are not alone. Experienced mental health lawyers are available to help you navigate every step of the Baker Act hold process, freeing you to focus on providing your loved one with the care and support they need in this challenging time.
The team at Baker Act Attorneys is here to provide Florida’s families with round-the-clock mental health legal support. Our acclaimed Baker Act attorney, Mark Astor, has helped countless families and individuals with exceptional legal representation in their hour of need. If your loved one is experiencing a mental health emergency or has been subject to an unlawful Baker Act hold, don’t hesitate to contact us today at 855-429-0074.