Baker Act Defense Attorney

Learning that a loved one has been subject to an involuntary Baker Act hold can be upsetting in its own right, but being faced with the prospect of your loved one’s long-term involuntary commitment makes an already challenging situation even more distressing. In these circumstances, you’ll want to do everything within your power to defend against your loved one’s Baker Act hold and ensure their immediate release.

Seeking the assistance of an experienced Baker Act defense attorney is the best way to ensure that your loved one’s rights are protected and that long-term placement is avoided. At Baker Act Attorneys, we routinely provide families in crisis with exceptional legal support as they navigate the often-overwhelming and confusing process of challenging a loved one’s Baker Act hold. With our Baker Act defense attorneys in your corner, you can rest assured that your loved one’s best interests will be protected throughout this complex process.

The Basics of the Baker Act

Florida’s Baker Act provides a legal mechanism for ensuring that individuals who are experiencing a mental health crisis receive emergency care and an involuntary psychiatric evaluation so that they can be given appropriate treatment to facilitate their recovery. The initial stage of an involuntary Baker Act hold – called an ‘involuntary examination’ – is intended to be a targeted emergency intervention only, and the individual concerned should be released as soon as the examination is complete, and in any event may not be held at the treatment facility for longer than 72 hours, absent the filing of a Petition for Placement by the State.

The only way in which a facility can lawfully hold the individual for longer is if it has filed a petition for ‘involuntary placement’, which the court’s permission to continue to hold the patient for up to 180 days in order to deliver psychiatric treatment. If your loved one is being held in a facility and the facility’s representatives have filed for involuntary placement, it is imperative that you contact a reputable Baker Act defense attorney immediately.

What Are The Criteria For Involuntary Placement Under The Baker Act?

‘Involuntary placement’ is the terminology the Baker Act uses to describe an extended Baker Act hold or long-term involuntary commitment. Involuntary placement is a significant incursion on a person’s liberty, as they are effectively being held against their will for medical treatment for a period of up to three months. For this reason, the petition for involuntary placement must satisfy strict criteria. These criteria are the same criteria used to determine whether a person should be subject to an involuntary examination, but they must be satisfied at a higher evidential threshold. Specifically, for a court to order that a person be subject to involuntary placement, there must be ‘clear and convincing evidence’ that the person concerned has a mental illness, and because of this mental illness:

• The person has refused voluntary placement in a facility, or lacks the capacity to determine whether voluntary placement is necessary; and
• If they are not subject to involuntary placement, are likely to suffer from significant neglect that poses a real risk of harm to their well-being; or
• There is a substantial likelihood, evidenced by recent behavior, that they will imminently attempt to cause serious harm to themselves or others if they are not given treatment.

In addition to these criteria, the court must be satisfied that less restrictive treatment options (such as outpatient treatment accompanied by family care) would be inappropriate in the circumstances.

Defending Against Extended Baker Act Holds

Involuntary placement is only warranted in extreme cases, yet it is common for facilities to petition for the long-term commitment of patients even when less restrictive treatments are available. Sadly, this is often the result of unscrupulous practices on the facility’s part, as – particularly in the case of private facilities – there is a strong profit incentive to hold patients for longer.

If you’ve discovered that the facility where your loved one is being held has filed for involuntary placement, you need to contact a reputable Florida Baker Act defense attorney as soon as possible. They will offer your family exceptional legal representation at each stage of the proceedings, from opposing the petition to helping you ensure your loved one gets the treatment they need to make a recovery.

Opposing the petition for involuntary placement

Once a facility has initiated involuntary placement proceedings, opposing the petition is the primary means of defending against a continued Baker Act hold. Once the petition has been filed, the facility will have the right to continue to hold your loved one until the hearing is complete. For this reason, the Baker Act requires that the hearing be held within five days of filing. The petition must be served on your loved one, and they must have the opportunity to obtain legal representation to defend the proceedings. Since the timeframe for building a defense is very limited, it is crucial that your loved one is represented by an experienced Baker Act defense attorney who is able to gather evidence and put together a defense on an urgent basis.

Gathering evidence

One of the most important roles of a Baker Act defense attorney is gathering a strong body of evidence to demonstrate that the above criteria for involuntary placement have not been met. Baker Act hold defenses may involve a number of strategies, and this will in turn determine the evidence that needs to be gathered. In most cases, the following evidence will be relevant:

• Medical reports from independent mental health professionals concerning your loved one’s condition;
• Testimony under oath from friends, family members, medical experts, and/or your loved one themselves; and
• Documentary evidence, such as witness statements and medical records.

Your loved one’s attorney will present this evidence in court in order to argue that the criteria have not been met with ‘clear and convincing’ evidence. In many cases, an important aspect of Baker Act hold defense is demonstrating that less restrictive treatment options – such as a combination of outpatient treatment, medication, and family care – will be more appropriate for your loved one.

Hearing

At the hearing, the facility personnel who filed the petition will need to give oral testimony regarding your loved one’s condition. Your loved one’s legal representative will then present evidence on your loved one’s behalf to refute this testimony, and will also present legal argument relating to the interpretation of the Baker Act and its criteria. They will also need to answer any questions the court has concerning your loved one’s condition and treatment. Once the court has heard all the evidence and oral argument, it will make a determination concerning your loved one’s continued confinement in the facility. If the court orders that the criteria have not been met, your loved one must be immediately discharged.

Protecting the rights and interests of the patient

It is of the utmost importance that the patient’s procedural rights are respected throughout any Baker Act legal process, and that their best interests are continually advocated for. A person subject to an involuntary Baker Act hold has the right to legal representation and to communicate with their legal representatives and family, the right to make representations to the court, and the right to a procedurally lawful hearing. Their dignity must be respected throughout the process, and they should be free from unlawful restrictions to their liberty.

At each stage of the proceedings, your loved one’s Baker Act defense attorney will ensure that a lawful process is being followed and that their long-term interests are being protected. They will also help you to ensure that your loved one is able to access excellent outpatient treatment services so that the risk of future Baker Act holds is reduced.

Exceptional Legal Representation From Leading Florida Baker Act Defense Attorneys

Defending against a loved one’s Baker Act hold is a complex and stressful process. Thankfully, the team at Baker Act Attorneys is here to walk this difficult journey with you. Our experienced Baker Act defense attorneys are renowned for their strategic acumen, compassionate client service, and impressive expertise in Florida mental health law. We are available round-the-clock to provide your loved one with emergency Baker Act legal representation, and will work tirelessly to ensure that you and your loved one are reunited as soon as possible.

For an emergency consultation, don’t hesitate to contact us today at 855-429-0074 – we’ll take care of the rest.