Finding out that a loved one has been Baker Acted can plunge your family into crisis. In these circumstances, it is essential that you remain calm and act quickly to ensure that your loved one is released as soon as possible. However, in a situation so distressing, it can be difficult to know what your next steps should be. Thankfully, there are processes which can be followed to secure an emergency Baker Act release – so take a deep breath, try to settle your mind, and read on to find out how you can ensure that you are reunited with your loved one without delay.
What Is A Baker Act Hold?
A Baker Act hold is an emergency psychiatric intervention that is intended to prevent a person who is experiencing severe mental illness from harming themselves or others, or from suffering neglect. It may only be carried out in circumstances where a person is mentally and/or emotionally impaired to such an extent that they have lost touch with reality, or are unable to cope with the demands of daily life. Because people in these circumstances usually lack the capacity to access the medical help they need to recover, or believe they do not require help, Florida’s Baker Act permits that they be taken to a facility for an emergency involuntary psychiatric evaluation.
Baker Act holds are a significant curtailment of an individual’s freedom, and should only be implemented in extreme cases. As many emergency Baker Act release attorneys know all too well, however, it is not uncommon for the Baker Act to be misapplied to persons who do not meet the criteria for an involuntary examination. If you think your loved one was wrongfully Baker Acted, it is imperative that you start working to secure an emergency Baker Act release as soon as possible.
What Does An Involuntary Examination Involve?
A Baker Act hold can be initiated by a law enforcement officer, a qualified professional, or a court, following the filing of a petition requesting the hold be carried out. Once a Baker Act hold has been initiated, the individual will be taken into custody by law enforcement and transported to a treatment facility in their area. Once at the facility, the person will undergo an assessment, and will be given stabilizing treatment if necessary, ideally within 24 hours of their arrival.
At most, a person can be held for an involuntary examination for up to 72 hours, after which point they must be released, they must agree to remain on a Voluntary Admission basis, or the facility must a Petition for Involuntary Pleacement.
What Immediate Steps Should I Take?
If your loved one has been taken into custody on mental health grounds by law enforcement, your top priority will be to secure an emergency Baker Act release as soon as possible. However, navigating the process can be daunting, which is why it is strongly recommended that you immediately contact an emergency Baker Act release attorney. They will be able to quickly assess the situation and start putting the relevant legal processes in motion to challenge your loved one’s Baker Act hold.
In addition to contacting an attorney, your first step should be to locate your loved one, if you have not yet been informed of their whereabouts. Generally, facilities are required to notify family members that their loved one is being held for a psychiatric examination, but this protocol is not always followed. Once you have contacted facilities in your area and located your loved one, it is crucial that you liaise with facility representatives to determine whether your loved one has been examined by a psychiatrist and whether they are in a stable physical condition. If your loved one has been in custody for several hours and has still not been examined, you should demand that they be seen by a psychiatrist as soon as possible and within 24 hours. The longer a person is in custody for unnecessarily, the more distressing their experience will be.
How An Emergency Baker Act Release Attorney Can Assist Your Family
The legal processes for challenging a Baker Act hold are complex and require familiarity with Florida’s court system and mental health law framework. Having an experienced Baker Act attorney in your corner will go a long way to helping you navigate the release process. With an experienced lawyer by your side, your are likely to achieve your desired outcome – securing your loved one’s release – far more quickly.
Being represented by a Baker Act attorney will not only prompt the facility to take your demands for your loved one’s release seriously, but they will also be able to begin working on a Baker Act defense for your loved one in the event a petition for involuntary placement is filed. This will include developing legal arguments and, most importantly, gathering evidence to demonstrate that your loved one’s condition does not meet the threshold for long-term involuntary placement.
Look No Further For Exceptional Legal Services To Help Facilitate An Emergency Baker Act Release
The experienced team at Baker Act Attorneys has secured emergency releases for thousands of Florida’s families over several decades. We are deeply familiar with Florida’s Baker Act processes and facilities, and will work around the clock to ensure that you are reunited with your loved one as soon as possible. From demanding an emergency Baker Act release to challenging an involuntary placement petition, we will do whatever it takes to secure your loved one’s release into your care.
For compassionate, dedicated legal representation during your family’s hour of need, contact us today at 855-429-0074 and we’ll take care of the rest.