If your child has just been Baker Acted, it is crucial that you resist the temptation to fly into a panic. At this time, you need to remain calm and act quickly to ensure that your child’s best interests are protected and that they are released from the facility they’re being held in as soon as possible. You’ll likely need to hire an experienced lawyer for your Baker Acted child, but there are also several other crucial steps you’ll need to take. To help you remain focused and respond effectively to this distressing situation, we’ve set out a list of six steps you should follow as soon as possible.
1) Determine Which Facility Your Child Is At
Firstly, it is essential that you find out which facility your child is being held at, if you haven’t already. You may have learned that your child was Baker Acted at school or at an after-care facility, but do not know where they were taken to. Generally, Florida law enforcement officials are supposed to make contact with parents before they Baker Act children, but this process is often not followed. If you’re not sure how to locate your Baker Acted child, a lawyer with experience in challenging involuntary Baker Act holds will be able to help you locate your child quickly through their contacts with facilities across Florida.
2) Establish Contact
Once you have located your child, you should demand that the facility allows you to visit them as soon as possible to confirm that they are safe and to provide them with comfort. At this stage it is also important that you establish contact with facility personnel so that you can be updated on the progress of your child’s Baker Act hold and whether they have been subject to an involuntary psychiatric examination. In terms of Florida law, when minors are subject to involuntary Baker Act holds, they are required to be examined as soon as possible and in any event within twelve hours. If your child has been held for longer than twelve hours, you should immediately contact a reputable lawyer for Baker Acted children.
3) Understand The Circumstances Of Their Baker Act Hold
It is crucial that you try to understand the circumstances of your child’s Baker Act hold as soon as possible, as this will be valuable information for the lawyer you appoint. If you were not present when your child was Baker Acted, try to ascertain what happened from those who were. Was your child involved in a disagreement with another child at school? Were they behaving unusually? How did the law enforcement official or doctor responsible for their Baker Act carry out the hold? Was your child subject to unnecessary distress? These are all important details that you and your attorney will need to gather.
4) Contact A Reputable Baker Act Attorney
The importance of hiring an experienced lawyer for your Baker Acted child cannot be overstated. The laws regulating involuntary psychiatric commitment in Florida are complex, and this is even more so in the case of Baker Act holds of minors. Children are also entitled to special protections and procedural rights while they are being held in Baker Act facilities.
A seasoned Baker Act lawyer will be able to ensure that your child’s rights are being respected, and will begin negotiations with the facility as soon as possible to ensure your child is quickly released. In some cases, they will need to agree that your child joins an outpatient treatment program before the facility is willing to release them into your care. Ultimately, you are far more likely to secure the release of your child without having to take the facility to court if you hire a reputable lawyer to represent your family.
5) Work With Your Attorney To Secure Their Immediate Release
Hopefully, your attorney will be able to negotiate that your child is released immediately, and no further legal action will be required. However, in some cases, unscrupulous facilities attempt to hold Baker Act patients for longer than is necessary in order to charge expensive medical bills. The facility may even petition the court to request that it be permitted to hold your child for a longer period to undergo more extensive therapy and treatment. In this case, your attorney will need to gather evidence to challenge the facility’s petition in court. This could include testimony from an independent psychiatrist, medical records, and witness statements from family members or teachers.
6) Ensure Your Child’s Long-term Well-being
Once your child has been released, you will want to take steps to ensure that they do not have to endure the distress of a Baker Act hold again. Your attorney will be able to put you in touch with experienced mental health professionals so that your child can access therapy and medication should this be required. You may also find it useful to join a support group for parents of children with behavioral issues. It is also important that you liaise with your child’s school to ensure they are being provided with the necessary accommodations and educational support.
Look No Further For Exceptional Lawyers For Your Baker Acted Child
Navigating the Baker Act of your child can be a highly stressful and upsetting experience. You need to act quickly to limit the emotional distress your child will experience as a result of the hold, and prevent the facility from detaining them for any longer than is strictly necessary.
If your child has been Baker Acted and you don’t know where to turn, don’t despair: the exceptional team of lawyers at Baker Act attorneys are on standby to assist your family. We will work around the clock to ensure that you are reunited with your child as soon as possible, and will fiercely advocate for both your rights as a parent and your child’s rights as a minor.
For a compassionate, reliable legal team that has your child’s best interests at heart, don’t hesitate to contact our offices today at 855-429-0074 and we’ll take care of the rest.