Emergency Baker Act Release

If a vulnerable loved one has been subject to a Baker Act hold, you need reliable emergency Baker Act legal support to navigate your next steps. The team at Baker Act Attorneys is available 24/7 to help you respond to an emergency Baker Act and secure the immediate release of your loved one. We will provide you with exceptional representation every step of the way, giving you peace of mind that your loved one’s rights are being protected and that they will be released into your care as soon as possible.

What Is An Involuntary Baker Act Hold?

A person who appears to be experiencing a mental health crisis can be taken into custody and delivered to a licensed mental health care facility or hospital (called a ‘receiving facility’) to receive a psychiatric evaluation. This process can be initiated by law enforcement; an appropriately qualified medical professional; or a court, following a petition brought by a family member or other interested party. A person should only be Baker Acted in emergency circumstances. Specifically, an involuntary Baker Act hold can only be initiated when there is good reason to believe that:

1. A person has a mental illness that is causing them significant emotional and mental impairment such that they are unable to cope with the pressures of daily life or perceive reality; and
2. They have refused to submit themselves to a voluntary psychiatric evaluation, or are unable to make a rational decision in this regard; and
3. If a Baker Act is not initiated, they are likely to suffer harmful neglect due to their inability to care for themselves; or there is a real risk that they will imminently attempt to self-harm or harm those around them.

The above criteria set a high threshold for Baker Act holds. It is not sufficient that a person has a mental illness: rather, their condition must be so serious that depriving them of their freedom and taking them into custody is justified in the circumstances for their own protection. Baker Acts should not be initiated when less restrictive interventions could be used instead, for example, enrollment in an outpatient treatment program. If your loved one has been subject to an emergency Baker Act hold, you need to act quickly to begin advocating for their release.

How Long Can A Person Be Held For?

When a person has been taken to a receiving facility for an involuntary mental health evaluation, they must be examined by the facility’s personnel as soon as possible, and in any event within 72 hours of their admission. A person may not be subject to a Baker Act hold for an initial assessment period longer than 72 hours, and must be released as soon as their evaluation is complete, unless the facility files a petition for extended detention. An appropriately qualified medical professional, such as physician, clinical psychologist, psychiatrist, or a registered advanced psychiatric nurse must carry out the evaluation.

Since detention under the Baker Act is an emergency intervention, it is not intended to be of prolonged duration. The only circumstances in which a person can be held for longer than 72 hours is when the receiving facility has petitioned the court to order the person’s long-term commitment in the facility (this is called a petition for involuntary placement). The criteria for long-term placement are even stricter than those for involuntary examination, and the process should only be used when no alternative forms of treatment would be suitable.

When To Seek Legal Help Urgently

Unfortunately, it is not uncommon for unethical facilities that are driven by profit rather than patient interest to attempt to hold a person for longer than is legally permitted by the Act. This is especially the case when the person detained has medical insurance. If your loved one has been subject to an emergency Baker Act hold, it is essential that you contact a reputable Baker Act attorney as soon as possible.

In many cases, the Baker Act’s criteria for involuntary examination are misapplied, resulting in the detention of a person who may have mental health issues but who is not having a psychiatric emergency that justifies a Baker Act intervention. Even if your loved one is experiencing a mental health crisis, it is essential to appoint an attorney to advocate for their rights throughout the detention process. An attorney can help you to secure your loved one’s release into outpatient treatment services, which is a more appropriate treatment option in most cases.

Steps To Secure An Emergency Baker Act Release

When a loved one has been Baker Acted, time is of the essence. They are likely to be experiencing significant distress, and the sooner they can be reunited with family, the better. It is also often the case that the longer a person has been detained in a facility, the more difficult it is to secure their release – especially if the facility obtains an order for their involuntary placement. Reaching out to the team at Baker Act Attorneys should be your first priority after learning a loved one has been Baker Acted. We have a wealth of experience in challenging involuntary Baker Acts, and will use a combination of the legal strategies below to advocate for your loved one.

Opposing the petition for involuntary placement

If the facility has filed a petition for involuntarily placement, we will vigorously oppose it on your behalf. We will gather a strong body of evidence, including witness statements and medical records, to demonstrate to the court that the continued confinement of your loved one is not in their best interests.

Filing a writ of habeas corpus

If the facility is refusing to release your loved one after 72 hours, we will prepare a writ of habeas corpus. This is type of petition that requires the treatment facility to appear at a court hearing to persuade the court that it has legal grounds for the continued detention of your loved one. If it is unable to do so, the court will order that your loved one be immediately released.

Emergency Baker Act Defense Attorneys Are On Standby To Assist Your Loved One

Discovering that someone you love has been Baker Acted can be incredibly stressful. Our leading Baker Act defense attorney, Mark Astor, has helped hundreds of Florida’s families to secure the immediate release of their loved ones from involuntary Baker Act holds. We will take care of every aspect of your loved one’s Baker Act defense so that you can focus on supporting them through this difficult time. We pride ourselves on being available to help our clients in their hour of need, and are available 24/7 to facilitate an emergency Baker Act release – just give us a call at 855-429-0074 and we’ll take care of the rest.