When a loved one has been subject to an emergency Baker Act hold, obtaining reliable legal support should be your first priority. When you have an experienced Baker Act attorney in your corner, you have much stronger prospects of securing your loved one’s release quickly and without lengthy legal proceedings.
Your attorney will play a crucial role in ensuring that your loved one’s rights are protected throughout the duration of their Baker Act hold, and that an appropriate treatment plan is put in place to reduce the likelihood of future holds. If you need to secure an emergency Baker Act release for your loved one and you don’t know where to turn, read on.
What Is An Emergency Baker Act Hold?
The Baker Act is the centerpiece of Florida’s mental health framework. It prescribes a process in terms of which a person who is experiencing a mental health emergency can be temporarily and involuntarily placed in a psychiatric facility for the purposes of undergoing a psychiatric evaluation and, if necessary, given emergency stabilizing treatment.
This process is commonly referred to as an emergency Baker Act hold, and it can be initiated by a court, a law enforcement officer, or a medical doctor. Individuals must be released from an emergency Baker Act hold within 72 hours, unless the facility determines that they require long-term treatment.
There are very limited circumstances in which a person can be subject to an involuntary Baker Act hold. Specifically, they must be experiencing mental and/or emotional impairment as a result of mental illness, and this impairment must be to such an extent that:
- They have lost touch with reality or can no longer cope with the pressures of day-to-day life; and
- They are unable to decide for themselves whether they require a psychiatric evaluation, or have refused to undergo an evaluation voluntarily; and
- If they are not taken to a facility for an evaluation, there is an imminent risk that they will either suffer harmful neglect due to their inability to care for themselves, or that they will cause serious harm to themselves or others.
It is important to note that if your loved one’s mental impairment is due to substance use as opposed to mental illness, then the Baker Act cannot be applied to them. In this scenario, it is essential that you seek an emergency Baker Act release as soon as possible so that they can receive a more appropriate intervention in terms of the Marchman Act.
When Should You Contact A Baker Act Release Attorney?
Many families make the mistake of assuming that their loved one will be released after 72 hours as a matter of course. It is especially easy to make this mistake when your loved one does not appear to be suffering from severe mental illness. However, it is increasingly common for facilities to hold Baker Act patients for longer than is strictly necessary, so that they can charge families and their insurance company, higher medical bills.
For this reason, it is imperative you contact an experienced Baker Act attorney as soon as you learn that your loved one has been Baker Acted, even if you think that your loved one’s mental illness is mild, and unlikely to warrant long-term treatment.
You should also contact an attorney immediately if you suspect that your loved one did not meet the criteria for a Baker Act hold to begin with. It is not unusual for inexperienced law enforcement officials to misapply the Act’s criteria, or to err on the side of caution and detain a person who is not experiencing a mental health emergency but is simply behaving erratically. In these kinds of cases, your loved one’s Baker Act hold will be unlawful through and through, and they should immediately be released.
Why Obtaining Legal Support Is Essential To Secure An Emergency Baker Act Release
Securing an emergency Baker Act release can be a complex process, especially for those who are unfamiliar with Florida’s mental health laws. Having reliable legal support by your side throughout the process will take an enormous weight off your shoulders and allow you to focus your energies on supporting your loved one through this difficult period.
Your attorney will play a crucial role at each stage in the process, from establishing contact with the facility to helping your family to arrange post-release treatment options for your loved one.
Establishing contact with the facility
Once the facility is aware that your family is represented by an attorney, it is already far more likely to be willing to cooperate with you: hiring an attorney sends a clear signal that you will be ready to legally challenge any unlawful action on the facility’s part.
Once your attorney has made contact with the facility, they will also communicate with your loved one to confirm that their procedural rights are being respected and that they are being treated in accordance with the Act’s requirements.
Negotiating release
It is essential to have reliable legal support throughout any release negotiations which take place. Your attorney will have a clear understanding of the kinds of undertakings your family will need to give to secure your loved one’s release (for example, agreeing to enroll them in an outpatient treatment program), and will draw on their wealth of experience to persuade the facility representatives that release would be in your loved one’s best interests. If necessary, your attorney will formally demand your loved one’s release and threaten legal proceedings.
Initiating emergency court proceedings
It is particularly important that you have reliable legal support if court action becomes necessary. If the facility has failed to release your loved one despite numerous demands, or has filed a petition for your loved one’s long-term involuntary treatment in the facility, then your attorney will need to appear in court to argue for your loved one’s emergency Baker Act release.
They may need to file a writ of habeas corpus petition, or oppose the facility’s petition for involuntary placement by presenting evidence from an independent psychiatrist which indicates your loved one does not require long-term inpatient treatment. Regardless of the nature of the legal proceedings, your lawyer will play a crucial role in developing an effective legal strategy and collecting sufficient evidence to persuade the court that it would be inappropriate for your loved one to be detained any longer.
Providing guidance on a post-release treatment plan
In many cases, an emergency Baker Act release will only be granted on the condition that the individual being held seeks appropriate post-treatment mental health care. Your attorney will represent your family in the negotiation of a post-release treatment plan with the facility, or put you in touch with reputable mental health professionals who can provide your loved one with the necessary medication and therapy to begin their recovery.
They will also help you to explore other legal aspects of your loved one’s care – such as assessing whether it is necessary to put a temporary guardianship arrangement in place until your loved one is able to look after themselves again.
Ensure Your Loved One Is Released From An Emergency Baker Act Hold As Soon As Possible With The Help Of Leading Florida Baker Act Attorneys
If your loved one is being held at a Baker Act facility against their will, you only have a limited period in which to intervene to secure their release before court action becomes necessary.
The team at Baker Act Attorneys is on standby to assist your family with exceptional legal support during this stressful period. We have years of experience in Florida mental health law litigation, and will use our specialist expertise in Baker Act processes to ensure that your loved one’s best interests are protected and that they are released into your care as soon as possible.
For a reputable Baker Act release attorney who will handle your loved one’s case with dedication and compassion, contact us today at 855-429-0074.