The Baker Act is a central piece of Florida’s mental health law framework, yet its key provisions and processes are not well understood by most Floridians. If your loved one has been Baker Acted and you’re trying to familiarize yourself with the Act’s complex procedures, you’ve come to the right place.
In this article, we explain how the Baker Act release process works, and the pivotal role which Baker Act release attorneys play at each stage. By equipping yourself with a basic understanding of how Baker Act holds are carried out and the steps which need to be followed for a hold to be lifted, you’ll be in a much better position to support your loved one through this challenging time.
What Is The Purpose Of An Involuntary Hold?
Essentially, an involuntary Baker Act hold is the process by which a person who is experiencing a serious mental health emergency – for example, they have attempted to self-harm or have entered a state of psychosis – is taken to a psychiatric facility for stabilization and a mental health evaluation. In terms of the Baker Act, a judge, an appropriately qualified medical doctor, or a law enforcement official can initiate an involuntary hold.
Involuntary holds are intended to be temporary interventions which ensure that those who are struggling with serious mental illness are given the treatment they need, even if they are unable to access this treatment themselves on account of their condition. However, though involuntary holds can be life-saving interventions, they are also frequently misused, and often result in lengthy detentions when outpatient treatment would be far more appropriate.
If your loved one has been Baker Acted, it is essential that you contact a Baker Act release attorney as a matter of urgency so that they can help you secure your loved one’s release as soon as possible.
How Are Involuntary Holds Carried Out?
A judge, medical doctor or law enforcement officer may initiate a Baker Act hold if there is good reason to believe that an individual is experiencing mental impairment as a result of a suspected mental illness, and because of this impairment:
- They have lost touch with reality or are unable to cope with the ordinary demands of day-to-day life; and
- They are unable to determine for themselves whether they require psychiatric assessment and treatment, or have outright refused an assessment; and
- If the hold is not carried out, they are likely, based on evidence of recent behavior, to either attempt to harm themselves or others; or to suffer from harmful neglect as a result of their inability to care for themselves.
Once an involuntary hold has been initiated, the individual who is the subject of the hold will be taken to a psychiatric facility – called a receiving facility in the Act – for a psychiatric examination. A Baker Act hold is a serious intervention which results in a significant curtailment of a person’s freedom of movement, so if you suspect that your loved one has been Baker Acted without these criteria having been met, it is strongly recommended that you contact a Baker Act release attorney without delay.
What Happens After An Involuntary Hold Has Been Initiated?
Involuntary holds should be very brief – in terms of the Baker Act, a person should not be subject to a hold for more than 72 hours. The person should be examined by a psychiatrist as soon as possible, and once they have been examined, they must either be released, released and enrolled in an outpatient treatment program, or held for longer-term treatment.
However, a person who has been Baker Acted can only be held for further treatment if the facility has successfully filed a petition for ‘involuntary placement’. This petition must be filed within the 72-hour hold period, and an urgent court hearing will then be scheduled to determine the outcome. Even if you think it is likely that your loved one will be released, it is crucial that you take steps to challenge their involuntary Baker Act hold as soon as possible, as some unscrupulous facilities have been known to attempt to hold patients for longer than is medically necessary.
What Role Does A Baker Act Release Attorney Play In Ending An Involuntary Hold?
Navigating the Baker Act release process can be practically challenging and emotionally draining. With an experienced Baker Act attorney representing your family, you’ll be able to leave the complex legal procedures in their hands, while you focus on supporting your loved one.
Negotiations with the facility
The first step to securing a Baker Act release involves entering negotiations with the facility. Typically, your family’s attorney will first attempt to convince the facility that your loved one should be released into your care on condition that they continue to receive outpatient treatment. If this ‘carrot’ approach does not work, they may resort to the ‘stick’, threatening the facility with legal action if your loved one is not released immediately. Often, once a lawyer is appointed, facilities are wary of detaining individuals for longer than is strictly necessary, as they would prefer to avoid expensive court battles.
Filing a writ of habeas corpus petition
The next step in the release process, should negotiations fail, is to file a writ of habeas corpus petition. Baker Act release attorneys frequently rely on this special legal procedure to secure the release of individuals who have been held for longer than the 72-hour period but who have not been transferred to long-term involuntary placement. A writ of habeas corpus requires the facility’s legal representatives to explain to the court why the facility is legally justified in continuing to detain your loved one. If the court is unsatisfied with the facility’s arguments, it will order that your loved one be immediately released.
Challenging long-term involuntary placement
A further way to secure a loved one’s release involves challenging the facility’s petition for involuntary placement. As soon as your loved one is served with a petition for their involuntary placement, you should contact a reputable Baker Act release attorney, as you will only have a very brief period in which to prepare a defense to the petition. Your attorney will gather relevant evidence, and in most cases, commission a report from an independent psychiatrist, to prove to the court that long-term placement would not be appropriate in the circumstances. They will also need to present detailed legal argument in court concerning the Act’s criteria for involuntary placement and whether they have been met in your loved one’s case. If the court rejects the petition for involuntary placement, it will usually order your loved one’s immediate release.
Exceptional Florida Baker Act Release Attorneys Are Just A Call Away
While the Baker Act release process is complex, with comprehensive legal support, it can be successfully navigated to ensure a loved one’s speedy release. The team at Baker Act attorneys has a wealth of experience in negotiating and petitioning for Baker Act hold releases, and blends compassionate client representation with formidable legal skill to ensure families of Baker Acted individuals are reunited with their loved ones as soon as possible.
For exceptional Baker Act release attorneys who will tirelessly advocate for your loved one’s best interests, contact our offices today at 855-429-0074.