Author: Baker Act Attorneys

Being wrongfully detained under the Baker Act can be a highly distressing experience. If you (or a loved one) have been improperly detained under the Act, you need to understand your legal options as soon as possible so that you can move quickly to secure your release. Challenging a Baker Act detention can be complicated and stressful – but thankfully, Florida’s top Baker Act attorneys are here to guide you through the process.

Baker Act 101: The Basics Of Detention

The Baker Act is an important tool for helping those with serious mental illness be assessed and stabilized when they are in crisis. The Act sets out the process in terms of which someone may be detained and held in a receiving facility for an assessment and care (this is called ‘involuntary examination’ in the Act). However, the Act is not always implemented correctly, and wrongful detentions do occur. Before we explain the process for challenging a Baker Act detention, it’s important to first discuss how detention might be initiated, and the criteria that must be met for a lawful detention.

How is detention initiated?

Someone may be involuntarily detained in one of three ways. First, a law enforcement officer who encounters a person they reasonably believe meets the legal criteria for involuntary admission and assessment may take the person into custody and deliver them to the nearest receiving facility. Second, a psychiatrist, physician, clinical psychologist, or licensed social worker who has observed behavior in a person who meets the legal criteria for involuntary admission may execute a professional’s certificate and request that law enforcement take them to the nearest receiving facility. Third, any concerned individual who believes a person meets the criteria for involuntary admission may petition the court to order that the person be taken into custody for involuntary examination and stabilization.

Criteria for involuntary detention and examination

Regardless of how Baker Act proceedings are initiated, three criteria must be met before a person can be lawfully detained and held in a treatment facility for involuntary examination:

1. They must be experiencing mental and/or emotional impairment to such a degree that they are unable to control their actions, or are unable to perceive reality, and as a result, cannot cope with the demands of daily life;
2. They are refusing to undergo a psychiatric assessment or are so impaired that they are unable to discern that they need an assessment; and
3. If they are not detained under the Baker Act and held for involuntary assessment and treatment they are likely to suffer serious neglect or are likely to cause significant harm to themselves or those around them.

There must be clear evidence that a person meets the above criteria before they can be taken into custody under the Act. If you think these criteria haven’t been met in either your own case or the case of a loved one, it is vital that you take steps to challenge the unlawful Baker Act detention immediately.

Common Examples Of Flawed Detention Decisions

Unfortunately, there are many cases every year of flawed Baker Act detention decisions. If a law enforcement officer has exercised their discretion to take someone into custody under the Baker Act when no grounds exist for doing so, or a healthcare professional misjudges a person’s behavior and initiates a Baker Act process when it is not the appropriate intervention, their decision should be challenged. Equally, if a judge grants a petition for involuntary examination when the allegations in the petition are untrue, the detention should be challenged.

Common factors leading to a flawed Baker Act detention involve substance abuse and accidental medication overdoses. If someone is struggling with substance use, they are disqualified from being subject to Baker Act proceedings: the correct legal intervention in such cases is a Marchman Act filing, which deals specifically with drug and alcohol abuse issues. Someone who has accidentally consumed too much medication and fallen ill, but who did not intend to self-harm, should also not be subject to Baker Act proceedings. In all cases of wrongful detention, you must act as quickly as possible. If you don’t know where to begin, contacting a reputable Baker Act attorney should be your first port of call.

Challenging A Wrongful Baker Act Detention

There are several ways to challenge involuntary detention and examination under the Baker Act. The approach that will work best for you will depend on the circumstances of your case, and the route by which the wrongful detention was initiated. Your attorney will be able to advise you on the most strategic course of action and will help to prepare the legal filings and evidence necessary to successfully challenge the Baker Act detention decision.

Appealing the court order

If you or your loved one were Baker Acted in terms of a court order, then you can initiate appeal proceedings to overturn the court’s decision. You will need to show that the court made a fundamental error in granting the petition for involuntary examination. A high threshold must be met before a court will reverse the first court’s decision, so you will need to present convincing evidence demonstrating the court’s error.

Filing a writ of habeas corpus petition

In cases where you (or your loved one) have been Baker Acted by a law enforcement official or a medical professional, a writ of habeas corpus will likely be the most effective way to challenge the Baker Act detention. In essence, it is a petition brought by an attorney on behalf of a patient who requests that the court hold a hearing to determine if their confinement is lawful. In the petition, you will need to allege how the law has been misapplied and produce evidence to substantiate your claim that there is no lawful reason for confinement.

Hire A Reputable Baker Act Attorney To Help You Successfully Challenge A Baker Act Detention

Whatever the circumstances of your loved one’s wrongful Baker Act detention, you’ll need an experienced attorney advocating for your rights every step of the way. At Baker Act Attorneys, we have helped countless families across Florida over the years to challenge Baker Act detention decisions and ensure the immediate release of their loved ones from receiving facilities. We will work tirelessly to reunite you with your loved one and will use our depth of legal skill and experience to obtain a successful outcome in your case.

If your loved one has been wrongfully Baker Acted, time is of the essence – contact us today at 855-429-0074 to set up an emergency consultation.

Every year, thousands of Floridians are involuntarily detained under the Baker Act. While many of these interventions are life-saving, and can ensure that seriously mentally ill people receive the care they desperately need, this is not always the case. Sometimes, a person who does not meet the legal criteria for involuntary detention is unlawfully held by law enforcement, or a person who has been lawfully detained is then held for longer than the law allows by an unscrupulous receiving facility. Whatever the circumstances of your loved one’s involuntary detention, you’ll need an experienced attorney to help secure their immediate release from a Baker Act facility.

Overview Of Involuntary Detention Under The Baker Act

The Baker Act includes various provisions that regulate involuntary detention, examination, and treatment of people with significant mental health issues. When someone has been ‘Baker Acted’, this means that they have been detained and thereafter taken to a receiving facility.

The primary aim of involuntary detention and examination is to (i) stabilize a person who is a risk to themselves or others due to an untreated mental illness, and then (ii) examine them to determine whether they need further stabilization, whether through involuntary placement or through outpatient care. If your loved one has been stabilized, they should be immediately released from the Baker Act facility at which they are being held.

Criteria For Involuntary Detention

Involuntary detention and examination may be initiated in three ways: by a law enforcement official, by a psychiatrist or other similarly qualified professional, or by way of a court order, where a judge has found that the person meets the criteria for involuntary admission, and has requested law enforcement take them into custody.

A person meets the criteria for involuntary detention and examination if:

1. They are mentally or emotionally impaired to such a degree that they cannot control their actions or perceive reality, leading them to struggle to meet the demands of everyday life;
2. As a result of this impairment, they cannot determine whether they need psychiatric evaluation, or they have already refused such evaluation; and
3. If they are not stabilized and given treatment, they are likely to suffer serious, harmful neglect, or there is a real risk that without treatment they are likely to seriously harm themselves or others.

It is crucial to note that a person can only be held in a receiving facility for up to 72 hours, initially (12 hours in the case of a minor). During this time, they must be evaluated by a psychiatrist or clinical psychologist. Thereafter, depending on the outcome of the assessment, they must either be discharged, give informed consent to remain on a Voluntary Admission basis, or the State must file a Petition for Placement. If a Petition for Placement is filed, the court may grant the petition, and the patient detained for up to an additional six (6) months. If your loved one hasn’t immediately been released you should reach out to a qualified Baker Act attorney as soon as possible.

When Is Involuntary Detention Under The Baker Act A Problem?

Though in many cases the Baker Act is a necessary mental health intervention, there are some circumstances in which it is used improperly. For example, the Baker Act should not be used when a person’s mental impairment is primarily due to substance abuse. In this case, Marchman Act proceedings may be more appropriate. Many wrongful Baker Act cases also involve people who accidentally consume too much medication, attend a hospital to receive treatment, and are then held for involuntary examination on the grounds that they are attempting to self-harm. Another common case involves children with behavioral issues being wrongfully detained after having an outburst at school.

Involuntary detention also becomes a problem when the 72-hour limit has passed, but the facility has taken no steps to either release them or petition to court for an involuntary placement order. In our experience, wrongful Baker Act detention is more likely in cases where a person has health insurance, and unscrupulous facilities are motivated to detain them for longer so that they can claim more money from the person’s insurers.

How Can You Secure Your Loved One’s Immediate Release From A Baker Act Facility?

If your loved one has been unlawfully Baker Acted, securing their immediate release is critical. The longer they remain in a facility, the more emotional distress they’ll endure. If the facility is not discharging your loved one after repeated requests to do so, you’ll need to contact an experienced Baker Act attorney to help you take further action.

Consulting with an attorney

Prior to consulting with an attorney, you’ll want to gather as much evidence as you can to demonstrate that the Baker Act was wrongfully applied to your loved one. Any medical records, communications from healthcare providers, or other relevant documents may be useful. You should also carefully document any discussions you have with law enforcement or healthcare providers concerning your loved one’s condition. These will help you to have a productive consultation with your attorney, ensuring that the next steps can be taken quickly.

Petitioning for a writ of habeas corpus

In cases where the treatment facility is now failing to release your loved one petitioning for a writ of habeas corpus may be the best appropriate course of action. In the petition, your attorney will either challenge the cause and validity of the detention or allege that your loved one’s rights are being violated or that they have been subject to an unfair procedure.

Your attorney will also present relevant evidence to the court, demonstrating that an unlawful process has been followed. With an experienced and skillful lawyer by your side, you should be able to get your loved one immediately released from the facility where they’re being detained. Once your loved one has been released, you can then ensure they get the care they need by helping them access a reputable outpatient treatment program.

Florida’s Leading Baker Act Attorneys Are Here To Help Secure Your Loved One’s Immediate Release

Having a loved one wrongfully Baker Acted is an incredibly stressful experience. You’re worrying about their well-being, trying to understand unfamiliar legal processes, and navigating conflict with the treatment facility all at once. Thankfully, you’re not alone. Mark G. Astor and his team have decades of experience in bringing legal proceedings to challenge Baker Act detentions. We are available to help you bring urgent legal proceedings to secure the immediate release of your loved one from an unscrupulous Baker Act facility. Give him a call today at 855-429-0074 – he’s always ready to fight for your loved one’s rights!

Finding out that your loved one is being subjected to a Baker Act hold can be a distressing and bewildering experience. When you don’t know where to turn to secure your loved one’s release, contacting an attorney who has expertise in defending against Baker Act holds should be the first step you take. The sooner you act to challenge your loved one’s detention, the more quickly they can be released to receive appropriate support for their circumstances.

What Is A Baker Act Hold?

A Baker Act hold, formally known as involuntary detention under the Baker Act, occurs when a person is taken into custody and delivered to a psychiatric facility for evaluation and treatment. A person can only be Baker Acted when they meet specific criteria set out in the Act, namely:

1. They are experiencing mental or emotional impairment to such an extent that they can no longer meet the demands of daily life, or they are unable to perceive reality;
2. As a result, the person cannot ascertain whether they need psychiatric examination and treatment, or they have already refused to have an evaluation; and
3. If they are not stabilized and given treatment, they are likely to suffer neglect because they are unable to care for themselves, or they are likely to harm themselves or others.

The criteria listed above are intended to cover scenarios in which a person is experiencing a mental health crisis and needs immediate assessment and stabilization. Unfortunately, in some cases, these criteria are misapplied and a person is wrongfully taken into detention. To successfully defend against a Baker Act hold in these circumstances, immediate action must be taken.

Who Can Carry Out A Baker Act Hold?

Before we discuss how to defend against a Baker Act hold, it’s important to understand how an involuntary hold can come about. There are three main routes to involuntary detention under the Baker Act. The first is following a court order: a concerned family member, friend or other interested party may bring a ‘petition for involuntary examination’, stating under oath that they believe the person who is the subject of the proceedings meets the criteria for involuntary detention. If the court grants the order, the person will be taken by law enforcement to the nearest receiving facility.

The second way a person might be detained under the Act is by a law enforcement officer who has reason to believe the person meets the criteria set out above. Although law enforcement officers must have good grounds for exercising their discretion to take someone into custody under the Baker Act, in some cases they exercise this discretion improperly. These tend to be the most common Baker Act hold defense cases that Baker Act attorneys deal with.

Finally, a person may be detained on the instructions of a qualified professional who has examined them and thinks they meet the criteria for involuntary detention. The physician may need to secure the assistance of law enforcement to have the person taken to a receiving facility.

What Immediate Steps Should You Take To Defend Against A Baker Act Hold?

If you or a loved one have been taken into custody in terms of the Baker Act, it’s important to know that the maximum initial holding period is 72 hours (in the case of minors, this period is limited to 12 hours). However, although your loved one can only be held for up to 72 hours, that’s not a reason to wait out the detention period: there is a risk that they will be held for much longer if the receiving facility they have been taken to brings a court petition for involuntary placement (i.e., involuntary long-term psychiatric treatment). If this petition is granted, your loved one could be kept in a facility for up to six months. For this reason, it’s vital you take steps to defend against their Baker Act hold as soon as possible, starting with those suggested below.

1. Contact a reputable Baker Act attorney

It’s an unfortunate reality that law enforcement officers, court officials, and medical personnel tend to take inquiries and interventions from lawyers more seriously than those from lay people. By having an experienced Baker Act attorney by your side, you’ll be able to get answers quickly about the circumstances of your loved one’s detention. Your attorney may even be able to persuade the treatment facility to discharge your loved one without the need for a court hearing. More generally, an attorney will be able to guide you through the legal and administrative processes that need to be followed to secure your loved one’s release.

2. Gather evidence

A key step in preparing to defend against a Baker Act hold is gathering evidence that demonstrates your loved one is of sound mind and not a danger to themselves or others. Medical records and witness statements from family members, friends, and colleagues are especially useful for this purpose. You may also want to collect evidence regarding the circumstances of the wrongful detention itself: for example, if you intend to argue that a flawed process was followed, or want to show that your loved one mistakenly took too much medication for an illness and was not trying to self-harm, then you should try to gather evidence to substantiate the particular argument you’re making.

3. Request an emergency hearing

If the treatment facility is refusing to discharge your loved one after repeated requests, then your next step is to request an emergency hearing to petition the court to order your loved one’s release. There are several legal strategies that can be used, but one of the most effective ways to defend against a Baker Act hold is to bring a petition for a writ of habeas corpus. Briefly, this petition allows you to challenge the basis and validity of your loved one’s detention, or allege that their rights have been violated through an unfair procedure. Your attorney will bring this petition on your behalf, assemble and present relevant evidence, and argue the petition in court. It is virtually impossible for a patient to file their own habeas petition, and only a Florida Barred attorney can file a habeas petition on their behalf.

Acting Quickly To Defend A Baker Act Hold Can Make All The Difference

Involuntary Baker Act detentions have become a normal part of Florida’s legal framework for offering support and care to those struggling with acute mental illness. However, when things go wrong, and someone is unlawfully Baker Acted without a sound legal basis, swift action must be taken to secure their release within the 72-hour window before they are held for extended detention.

At Baker Act attorneys, we are committed to providing round-the-clock legal guidance and representation for families affected by improper Baker Act holds. We’ll advocate for your loved one’s rights and do everything in our power to help you secure their immediate release. If you require emergency assistance, contact us today at 855-429-0074 and we’ll take care of the rest.

Navigating Florida’s mental health laws can be a complex exercise, even for those with years of experience in the field. The Baker Act is only one part of this legal framework, but it is the most frequently misapplied and misunderstood. At Baker Act Attorneys, we recognize that knowledge is power – that’s why we’ve compiled a high-level overview of the legal process behind involuntary Baker Act detention and examination. Whether you are considering Baker Acting a loved one or have been the victim of a wrongful Baker Act admission, it is critical that you understand the processes and implications of the Act.

Baker Act: The Basics

The Baker Act was passed in 1971 with the intention of replacing Florida’s centuries-old mental health laws and ensuring the protection of mentally ill people’s freedoms. The Act deals with various aspects of Florida’s mental health services, including voluntary admissions, involuntary examination, and involuntary placement in psychiatric hospitals and institutions (called ‘receiving facilities’ in the Act). Most Floridians will be familiar with the notion of ‘Baker Acting’ someone – this refers to the involuntary examination process, which is the most frequently invoked section of the Act. Every year, thousands of involuntary Baker Act admissions occur in Florida, and while some of them are much-needed interventions for the person concerned, others are clearly unnecessary and result in wrongful detention.

Involuntary Examination

The involuntary Baker Act examination criteria are set out in section 394.463 of the Florida statutes. This is the section that regulates the detention and involuntary psychiatric evaluation of a person at a receiving facility. This section also requires that the individual being examined first receive emergency medical care when necessary. The purpose of the examination is to determine whether the person requires further treatment, whether through involuntary placement in a mental health facility for a number of months or through an outpatient treatment program.

A person can only be held in a facility for an initial involuntary examination for a maximum of 72 hours. In that time, they must be examined by a physician who has specialized in mental health care, or a clinical psychologist. After assessment, the person must either be released, placed in a treatment facility by consent, or placed in a treatment facility involuntarily, following the filing of a petition to the circuit court for involuntary placement. Strict criteria must be met for the court to grant a facility’s petition for involuntary placement.

The Legal Process For Involuntary Baker Act Examination

Before we set out the legal process for involuntary Baker Act examinations, it’s important to understand the kinds of cases that the Baker Act should not be used for. If a person has a developmental disability, is intoxicated, or is experiencing a mental health crisis primarily due to a substance abuse disorder, then they should not be involuntarily examined under the Baker Act. Often, families with loved ones who are struggling with addiction attempt to use the Baker Act to get them the help they need, when in fact they should be using the Marchman Act process.

Criteria for involuntary examination

Bearing the exclusions above in mind, a person can only be involuntarily Baker Acted if they meet the following three criteria:

1. There is good reason to believe that the person is experiencing mental and/or emotional impairment to such a degree that they are unable to control their actions or perceive reality, and this impairment significantly hinders their ability to meet the demands of day-to-day life;
2. Because of this mental and/or emotional impairment, the person is unable to determine whether they require a psychiatric examination, or they have outright refused a psychiatric examination; and
3. Without intervention and treatment, the person is likely to suffer from neglect to such an extent that they are at risk of substantial harm, or there is a real risk that without treatment the person will cause serious harm to themselves or others.

There must be clear evidence that each of these criteria have been met before a person can be taken into custody.

Petition to court

The Act sets out three ways in which the involuntary examination process may be initiated. The first is through filing a Petition for Involuntary Examination. A concerned person may complete an affidavit (i.e. a sworn statement of fact) that sets out why a person meets the three criteria for involuntary Baker Act examination. The person completing the affidavit must be able to swear that they have personally witnessed the mentally ill person causing harm to themselves or others.

A judge of the circuit court will then review this written evidence, which may include medical records, witness statements, and other relevant documentation, and decide whether the criteria have been met. If the judge decides they have been met, then they will grant an ex parte order for involuntary examination and require law enforcement to take the person concerned into custody and deliver them to the nearest receiving facility. An ex parte order is an order that is granted without notice to the party who will be affected by the order.

Intervention by law enforcement

The second way a person can be Baker Acted does not involve court oversight, but rather consists of a law enforcement officer exercising their discretion to decide involuntary examination is required. If a law enforcement officer encounters a person who meets the criteria for involuntary examination, they may take the person into custody and deliver them to the nearest receiving facility. Many wrongful Baker Act cases involve law enforcement officers who have improperly, and without justification, exercised their powers to detain someone in terms of the Baker Act.

Intervention by a qualified mental health professional

The third way a person can be Baker Acted is through the intervention of a qualified mental health care professional. A physician, psychiatrist, clinical psychologist, or other appropriately qualified medical professional, who has examined an individual who they believe meets the above criteria, may issue a certificate to this effect, thereby initiating involuntary detention and examination. They must obtain the assistance of law enforcement to move the person concerned to the nearest treatment facility.

Detention and transportation by law enforcement

If a petition has been successfully obtained, law enforcement may serve and execute the ex parte order at any time of day or night, on any day of the week, using such reasonable force as is necessary to gain entry and take custody of the person. They must then transport the person to the nearest receiving facility (unless the person is experiencing an emergency medical condition, in which case they must first be transported to hospital for treatment). The facility must accept persons brought to it by law enforcement in terms of the Baker Act.

The Legal Process For Challenging A Wrongful Baker Act

Involuntary Baker Act admission can be a life-saving intervention for those suffering from an acute mental crisis. However, the Act is sometimes used inappropriately to detain a person who does not meet the criteria for involuntary examination. For example, a person who accidentally took too much pain medication might be held for involuntary examination by the hospital they attended due to a suspected overdose. Whatever the nature of the misunderstanding, wrongful Baker Act cases can be very traumatizing for the persons involved. If you or a loved one has been wrongfully Baker Acted, you need to take action as soon as possible.

Your first port of call is to contact a reputable Baker Act attorney, who can advise you on your legal options. One common approach is to have your attorney file a petition for the immediate release of your loved one or petition for a writ of habeas corpus. A writ of habeas corpus requires that a person in custody be brought before a judge so that they have an opportunity to challenge their detention.

Ultimately, your priority should be to ensure that the receiving facility does not petition the court to grant an order for involuntary placement – if this occurs, the facility could hold your loved one for up to six months, and make important clinical decisions on their behalf.

Once your loved one has been involuntarily detained for examination under the Act, you need to petition for their release before the facility applies for involuntary placement. Alternatively, if they have already filed such a petition, you’ll need a Baker Act attorney to represent you at the placement hearing. They will challenge the State’s evidence, showing why the involuntary Baker Act admission was unlawful, and why the criteria for long-term involuntary placement have not been met.

Florida’s Leading Baker Act Attorneys Are Ready To Assist You

At Baker Act Attorneys, we know from firsthand experience with hundreds of clients just how important it is to act quickly if a loved one has been wrongfully Baker Acted. Navigating complicated circuit court procedures and complex mental health laws regulating involuntary Baker Act examinations is no small task, and you need a highly qualified attorney by your side.

Our strategic insight, legal acumen, and compassionate client care make us the leading Baker Act firm in Florida. If you or a loved one have been wrongfully Baker Acted, contact us today at 855-429-0074 – we’re always ready to fight for your rights.

The Baker Act is the cornerstone of Florida’s mental health legislation. It plays an important role in helping those struggling with mental illness to access the help they need, and in some cases, it is a life-saving intervention. If you have a loved one with a mental illness, developing a basic understanding of the Florida Baker Act can help you decide whether it is the right mental health intervention for their specific circumstances.

What Is The Baker Act?

The Baker Act was passed in 1971 as part of an effort to overhaul Florida’s outdated mental health laws. It serves multiple purposes, including regulating the provision of the state’s mental health care services, ensuring the safety of the public, protecting the rights of those with mental illness, and setting out a range of mental health care interventions for people experiencing a mental health crisis. The Baker Act is Chapter 394 of the Florida Statutes, and its key provisions deal with voluntary admissions, involuntary examination, and involuntary placement – each of which we’ll be discussing in greater detail below.

What Role Does The Baker Act Play In Florida’s Mental Health Law?

Before we discuss the Baker Act, it’s important to understand its role in the broader context of Florida’s mental health legal framework. The Baker Act cannot be used in circumstances where a person needs medical intervention primarily due to a substance abuse disorder or developmental disability, and this is where the Marchman Act and guardianship law come into the picture.

When a person is experiencing mental impairment due to substance abuse to such an extent that they pose a risk to themselves and/or others, the Marchman Act, and not the Baker Act, is the appropriate intervention to use. Under the Marchman Act, a person can be held for involuntary assessment for a substance abuse disorder and be ordered to undergo treatment for up to 90 days. As for those with developmental disabilities, guardianship is often the most appropriate intervention to ensure their well-being. A guardianship appointment gives a trusted family member or professional guardian the authority to make important decisions on behalf of the mentally disabled person (provided their disability is of such an extent that they are not able to manage their own affairs).

Key Provisions Of Florida’s Baker Act

The Baker Act is a complex piece of legislation that is updated fairly frequently. This high-level overview of the Act deals with its key provisions, but you should keep in mind that there may be other sections of the Baker Act (or Florida’s broader legal framework) that are relevant to your loved one’s circumstances.

Voluntary Admission

Voluntary admission is the most straightforward Baker Act process. Voluntary admission occurs when an adult person, or the parent of a minor, applies to a registered treatment facility (called a ‘receiving facility’ in the Act) for observation, evaluation, and treatment. However, voluntary admission is only applicable in circumstances where a person has the ‘competence’ to consent to their treatment. Someone is incompetent to consent to treatment because they are so impacted by their mental condition that they are unable to make a well-reasoned decision concerning their medical treatment. If a person is incompetent in terms of the Act, then the only way they can receive treatment is through the involuntary examination and placement processes.

Involuntary Examination

The involuntary examination process is the centerpiece of Florida’s Baker Act. It is this process that people are generally referring to when they say that someone has been ‘Baker Acted’. The Act’s involuntary examination provisions allow for a person to be taken into custody by law enforcement (one of three ways a person can be Baker Acted) and transported to their nearest receiving facility to be examined by a psychiatrist. A person can only be subject to the involuntary examination process if:

1. They are experiencing mental/emotional impairment to such an extent that they can no longer control their actions or perceive reality, and this impairment substantially hinders their ability to cope with the demands of ordinary life; and
2. As a result of this impairment, the individual is unable to determine if they require psychiatric examination and treatment, or if they have outright refused treatment; and
3. If they are not treated, they will likely suffer neglect that will result in serious harm, or they are likely to cause serious harm to themselves or others.

The involuntary examination process can be commenced in three ways. First, a concerned person may petition the court to grant an order directing law enforcement to take a person meeting the above criteria into custody. Second, a law enforcement official may take a person who meets the criteria to a receiving facility. Third, a physician or psychologist who has examined a person and determined they need a psychiatric evaluation may issue a professional certificate to this effect and request law enforcement to take them to a receiving facility. Regardless of how involuntary examination has commenced, a person may only be kept in the receiving facility for up to 72 hours.

In Florida, the Baker Act’s involuntary examination provisions play an important role in giving families a lifeline when a loved one is experiencing a mental health crisis and is a clear danger to themselves. However, Baker Acting a loved one should only be resorted to when all other methods of attempting to get a loved one into treatment have failed. Being taken into custody by law enforcement and held at a facility can be a traumatic experience, and in some cases may leave a person in a worse condition. Preferably, you should try to convince your loved one to receive treatment as an outpatient, or to voluntarily enter treatment at a facility of their choosing. Of course, if your loved one is threatening self-harm or poses a danger to others, petitioning to court with the assistance of a reputable Baker Act attorney may be the best way to protect their well-being.

Involuntary Placement

The Baker Act also sets out a process for the involuntary placement of a mentally ill person, referred to as ‘involuntary placement’. The Act’s involuntary placement process can only be used when someone has already been involuntarily examined and the administrator of the receiving facility files a petition for involuntary placement with the court, supported by the opinion of the examining psychiatrist and a second opinion of another psychiatrist or psychologist. The opinion must state that the individual has been examined within the preceding 72 hours and that they meet the requirements for involuntary placement, namely:

1. They have refused voluntary placement or are unable to determine whether it is necessary; and
2. They are incapable of surviving by themselves, and if not placed in treatment are likely to suffer neglect that poses a real threat of harm to their well-being; or there is a strong likelihood (as evidenced by recent behavior) that they will soon inflict serious bodily harm on themselves or another person if they are not placed in treatment; and
3. Less restrictive methods for treating their condition have been judged to be inappropriate and are unlikely to be effective.

A court hearing is then held, at which the mentally ill person is represented by counsel, ensuring a fair hearing. The court will consider all evidence provided by the receiving facility and determine whether the person meets the requirements for involuntary placement. If the court grants the petition, the person may be held for up to six months.

Involuntary placement is a significant limitation of a person’s rights and freedoms, and should only be ordered in serious cases. If you suspect your loved one is at risk of being held when this is not warranted, you should immediately contact an experienced Florida Baker Act attorney to explore your options for contesting the involuntary placement petition.

Is Baker Acting Your Loved One The Right Intervention For Them?

There is no doubt that in the decades since its introduction, the Florida Baker Act has been a life-saving intervention for thousands of people experiencing severe mental illness. However, the intervention is not without its risks: when used inappropriately, it can result in trauma and worsened symptoms. Ideally, the Baker Act should only be used in extreme cases to de-escalate a mental health crisis.

At Baker Act Attorneys, we have helped countless families navigate Florida’s mental healthcare framework and decide on an appropriate plan of action for their loved one’s treatment. Our depth of experience in this complex area of law, combined with our exceptional client service, sensitivity, and compassion, make us the law firm of choice for anyone navigating a loved one’s mental health crisis.

If you would like to arrange a consultation, don’t hesitate to contact us today at 855-429-0074.

Behavioral health is a term that generally refers to someone’s mental health, lifestyle, substance use, patterns of conduct, and interpersonal relationships. For those who enjoy good behavioral health, there is usually little need to think about the legal framework that relates to it. However, for a growing number of Americans, living with mental illness and other behavioral issues has become the norm. If you or a loved one are among the nearly one-quarter of the adult population with behavioral health issues, it is important that you understand the relevant legislation and the ways in which a behavioral health attorney can help protect your rights.

What Is Behavioral Health?

Behavioral health is a broad term, and behavioral health issues can crop up at any point in a person’s lifetime. Some issues can be the result of mental illness, such as chronic depression, anxiety disorder, or paranoid schizophrenia, or they can be the result of developmental disorders that emerged in childhood, such as learning disorders or autism. Elderly people who develop Alzheimer’s or senile dementia are also likely to have behavioral health issues. A common cause of behavioral health issues is addiction: alcoholism, drug abuse, and prescription drug dependency are especially prevalent, and also tend to be linked to mental health issues.

Florida’s Behavioral Health Legal Framework

In Florida, the legislature has recognized the need for a comprehensive legal framework that not only regulates the provision of behavioral health services to communities but ensures that the rights and liberties of those with mental and other behavioral health issues are adequately protected. To this end, several statutes have been passed that seek to protect people with behavioral health issues from harm while also ensuring they access the treatment they need. However, behavioral health attorneys are noticing an increased use of behavioral healthcare legislation in circumstances where it is not appropriate. Let’s take a closer look at the legislative framework before we delve a bit deeper into this issue.

The Baker Act

In brief, the Baker Act sets out the circumstances in which a person can be held by the State of Florida for an involuntary psychiatric examination by a physician or clinical psychologist at a mental healthcare facility. It also permits a person to be involuntarily held in such a facility for up to six (6) months to receive treatment for a psychiatric condition. Unless a person is taken to a facility at the instance of a law enforcement official or a qualified professional, a court may order their detention and involuntary examination. A court may grant such an order following a petition by a concerned person. In all cases, a person can only be legally held for involuntary examination if they are:

1. experiencing significant mental and/or emotional impairment that interferes with their ordinary life;
2. because of this, they are unable to recognize that they require a psychiatric evaluation; and
3. if they do not receive an evaluation and treatment, they will be at risk of harming themselves or others, or suffering serious neglect.

The Act allows people to be held for longer than 72 hours where it has been decided that extended detention is necessary – this is called involuntary placement. Involuntary placement can only be ordered by a court, following a petition filed by the facility where the person is being held.

The Marchman Act

The second piece of legislation that behavioral health attorneys frequently deal with is the Marchman Act. The purpose of the Marchman Act is to help people with a primary substance use disorders access the treatment they need through compelling them to receive a substance abuse services. A family membercan petition the court to have a person with substance use issues detained and held for evaluation, on an emergency basis if necessary. If the assessment concludes that the person requires treatment for a substance use disorder, a hearing will be held, and the court will decide whether to order that the person be held in a treatment center for up to ninety (90) days.

Guardianship

Guardianship applications generally represent a solution for those who have long-term issues and are likely to need assistance managing their affairs for the foreseeable future. A common example is when an elderly person has Alzheimer’s and can no longer manage their assets or affairs, and a family member seeks to be appointed as their guardian, thereby obtaining the legal authority to make medical, financial, and legal decisions on their behalf.

Risk Protection Orders

Risk Protection Orders (RPOs) allow a person’s firearm to be temporarily taken away from an individual in circumstances where they pose a risk of violence to themselves or others. RPOs may be granted when the person who filed the petition – whether a concerned family member, law enforcement official, or someone else – is able to provide clear and convincing evidence that the person’s possession of a firearm poses a real risk to themselves and others. RPOs play an important role in reducing self-harm and gun violence cases.

How Can A Behavioral Health Attorney Assist Me?

There are many instances in which you may need the services of a qualified behavioral health attorney. You might need help deciding whether the Marchman Act or Baker Act is the best legal process for a loved one experiencing a behavioral health crisis, or perhaps you need urgent legal representation because your special needs child has been wrongfully Baker Acted after having a tantrum at school. Perhaps your ailing parent is no longer in control of their affairs and is mishandling their finances, and you are questioning whether it is time to obtain a guardianship order. Maybe you’ve had your firearm taken away from you after an RPO was improperly obtained against you. In all these cases and more, an experienced attorney can help you navigate what is a complicated and ever-changing area of law.

General advice

If you’ve reached a crisis point with a loved one who has a substance use disorder or mental illness and are unsure what steps to take next, you should contact a behavioral health attorney as soon as possible. They will consult with you to understand your loved one’s circumstances and current condition, and advise you on the best path forward. They will also advise you on the possible implications of, for example, Baker Acting a loved one.

Investigation and evidence gathering

When you need to challenge an order made under the Marchman Act or Baker Act, or have an RPO set aside, an attorney will help you to gather and prepare a meticulous evidentiary record to back up your case. This could include medical reports, witness statements, and other documents.

Excellent legal representation

Should your particular case involve a court hearing, a behavioral health attorney will liaise with the court on your behalf, prepare all filings and court documents, passionately argue your case, and ensure the hearing is fair. They will also liaise with other parties, such as the treatment facility or law enforcement, on your behalf.

Strategic advocacy for your rights

An attorney will develop a sophisticated legal strategy that ensures that your loved one’s rights are protected. They will act quickly and skillfully to ensure that any liberties or freedoms being improperly denied are restored as soon as possible.

Support and healthcare resources

It goes without saying that the primary goal of all behavioral health attorneys is the well-being of their clients and loved ones. Attorneys practicing in this area have developed an extensive network of contacts in the healthcare industry and will put you in touch with professionals who can help to create a treatment plan suited to your loved one’s needs so that they can start the journey to successful recovery and your family can begin to heal.

A Florida Behavioral Health Attorney You Can Trust

Astor Simovitch Law (aka Baker Act Attorneys) is a leading Florida behavioral health law firm. We routinely help clients to get their loved ones the care they need, while ensuring their rights are respected. Our reputation for compassionate care and our track record of successful legal interventions in behavioral health cases speaks for itself.

Contact us today at 855-429-0074 to find out more about our areas of expertise.

An involuntary hold is generally considered an effort of last resort and used when someone is deemed an immediate risk to themselves or others. When an involuntary hold is imposed on yourself or a loved one, it can have severe emotional and legal impacts.

Understanding the basics of an involuntary hold and its emotional and legal impacts can help you navigate the complexities of the mental health legal landscape. With sensitive and professional legal guidance on different types of Baker Acts, you can ensure that rights are protected and emotional repercussions are minimized.

What Is An Involuntary Hold

An involuntary psychiatric hold is a legal process permitting the state to step in when an individual is experiencing a mental health crisis. It is an extreme measure used to assist a vulnerable individual during a psychiatric and behavioral emergency, and it needs to be executed with care for the patient and within the legal framework.

In Florida, involuntary holds are carried out via the Baker Act, which judges, law enforcement officials, and mental health professionals can initiate. The intervention can be a short-term measure, lasting at least 72 hours. During this time, professionals aim to stabilize the individual and assess whether long-term intervention is needed.

Emotional Impact Of An Involuntary Hold

While involuntary holds exist to protect individuals and their communities, the process can be an intensely emotional experience for both patients and their loved ones. Understanding the emotional impact of an involuntary hold is essential to managing psychological and relational repercussions.

Loss Of Autonomy

Individuals may feel trapped and powerless when put under an involuntary hold, having lost control while under observation. Sensations of fear and vulnerability may bubble to the surface, making a fragile situation even more volatile.

Losing autonomy can often lead to anger, sadness, and confusion. This is especially pertinent among individuals who value independence, who may experience a form of trauma when being held against their will. By acknowledging the emotional turmoil of the loss of autonomy, families can support their loved ones through compassion and understanding.

Isolation

Individuals are separated from their loved ones and familiar environments when placed under an involuntary hold. In isolation, feelings of loneliness and abandonment can manifest, triggering distress.

Being kept in a psychiatric facility can erode emotional connection and trust, leading to anxiety and despair. Understanding the resounding vulnerability of this sense of alienation is important when offering compassionate support.

Stigmatization

Stigmatization is a significant emotional impact of an involuntary hold, causing individuals to feel misunderstood and marginalized. Being placed under observation can lead to shame and concern about how others perceive their current state.

Stigma adds a layer of emotional pain, compounding other emotional repercussions such as isolation. Recognizing the stigma of mental health is an essential step to creating a safe space for individuals to share their experiences and ask for support.

Fear And Guilt

Families may find themselves grappling with feelings of fear and guilt when watching a loved one be placed in a vulnerable position and acting out against the involuntary hold.

Feelings of helplessness and fear for their loved one’s safety may manifest, as well as guilt, while wondering whether specific actions contributed to the need for an involuntary hold. The emotional turmoil can strain families and their relationships.

Legal Impact Of An Involuntary Hold

In Florida, the Baker Act provides the legal framework for addressing mental health crises through involuntary holds. It stipulates a range of legal implications that can affect individuals and their families, such as the following.

Rights Of The Patient

While an involuntary hold may remove a patient’s autonomy, the Baker Act stipulates strict processes to guarantee the patient’s rights.

The Baker Act stipulates that a patient has a right to:

• Dignity and to be treated in a humane way
• Due process and opportunity to contest the need for a hold
• Communicate with an attorney and access legal representation
• Information about their rights and reasons for the involuntary hold
• Participate in treatment planning and decision-making when possible
• Privacy concerning medical records
• To be free from restraints or seclusion unless justified and documented

Civil Liberties Versus Public Safety

An involuntary hold highlights the delicate line separating civil liberties, such as the right to personal autonomy and public safety. It removes an individual’s freedom of choice and raises questions about personal rights, but it is applied to protect the individual and the public.

Public safety is an essential consideration, and if an individual poses a risk to themselves or others due to a mental health crisis, then certain civil liberties take second priority. Even so, it is essential to carefully consider the legal nuances of an involuntary hold and the necessary steps to safeguard individual rights while addressing the urgent need for public safety. Importantly, legal approval is needed to order an involuntary hold.

Long-Term Implications

The long-term implications of an involuntary hold are significant, affecting both families and the patient. A record of an involuntary hold can impact future opportunities for employment, housing, and personal relationships due to stigma. These implications amplify if the hold is extended to involuntary commitment. Other long-term legal ramifications could impact rights, such as the right to possess a firearm, and family legal matters, such as custody arrangements.

With these long-term legal implications in mind, involuntary holds must be conducted fairly and according to legal requirements.

Offering Legal Support

As much as we would like to have confidence in mental health facilities, there are instances when patients are kept unfairly or have their rights infringed upon. In this instance, a Baker Act attorney can help challenge a wrongful hold and reinstate an individual’s rights.

To navigate the complexities of an involuntary hold, one needs a strong understanding of legal options and advocacy resources. At Baker Act Attorneys, our team is committed to helping families understand the legal framework surrounding involuntary holds and protecting individuals who may be unfairly held.

We offer legal expertise and knowledge that empowers families to navigate these challenging situations confidently. If you or a loved one is experiencing an involuntary hold that needs to be contested, we want to hear from you. Call 855-429-0074 to find out more.

The Florida Mental Health Act – commonly referred to as the Baker Act – was passed to ensure that people experiencing mental and emotional impairment to the extent that they are a risk to themselves and others are able to get the treatment they need. However, the Baker Act is frequently invoked inappropriately to detain people who pose no threat of harm to themselves or those around them.

In this article, an experienced Baker Act attorney shares the most common Baker Act cases and explains what family members can do if their loved ones have been wrongfully taken into custody under the Act.

A Brief Overview Of The Baker Act

The Baker Act was passed in 1971 to protect the rights and liberty interests of mentally ill people while ensuring the safety of the wider public. Prior to its enactment, many people – particularly elders – were confined to mental health facilities against their will without proper cause, experiencing significant trauma in the process. The Baker Act is designed to ensure that people can only be detained for psychiatric examination if certain requirements are met and sets strict timelines for how long they can be kept in custody. It also sets out the circumstances under which they can be committed for longer periods (this is called ‘involuntary placement’). However, although these laws are an improvement on previous mental health legislation in Florida, many Baker Act attorneys frequently experience the flouting of these strict requirements in the cases that they deal with.

What Are The Criteria For Involuntary Examination?

The most commonly invoked provisions of the Baker Act are those that deal with involuntary examination – that is, what people are referring to when they say someone has been ‘Baker Acted’. Involuntary examination is the process by which individuals are taken into custody by law enforcement and transported to a ‘receiving facility’ for psychiatric examination, where they can be held for up to 72 hours. Involuntary examination can be initiated by an ex parte court order issued by the circuit court following a petition by family members, by a law enforcement officer, and by a mental healthcare professional following an examination. In all three circumstances, the person being Baker Acted must meet the following criteria before they can be taken into custody:

1. They are mentally ill, that is, they are experiencing mental and/or emotional impairment such that they are unable to control their actions or understand reality, and this impairment interferes with their ability to meet the demands of daily life; and
2. As a result of this impairment, the individual cannot determine if they need a mental health examination, or they have outright refused an examination; and
3. If they do not access treatment, they will likely suffer neglect to such an extent that they will experience substantial harm that can’t be avoided through the help of others, or there is a likelihood that without treatment they will cause serious harm to themselves or others.

Baker Act attorneys often find that family members, community workers and even law enforcement officers are unaware that section 394.463 of the Act expressly excludes people living with mental disabilities, suffering from substance abuse disorders, or experiencing intoxication. These categories of people are afforded assistance through other pieces of legislation, such as the Marchman Act, and do not qualify for involuntary examination under the Baker Act.

Common Misuses Of The Baker Act

Although involuntary examination under the Baker Act can offer an important intervention for some people, the most common cases Baker Act attorneys deal with are those involving the improper detention and examination of people who don’t meet the three criteria set out above. Let’s take a closer look at three common misuses of the Baker Act.

Accidental consumption of medication

The first case that attorneys commonly deal with is people who have accidentally taken too much pain medication or sleeping pills. It is fairly easy to take a few too many pills, especially if you are in severe pain. However, in several cases, people dealing with this issue are Baker Acted by the administrators at the hospital they go to, after medical professionals misunderstand their actions as an intentional overdose. Unfortunately, this trend has meant that many people who accidentally consume too much medication are scared to access the medical treatment they need.

Children experiencing behavioral issues

Sadly, many children with developmental disabilities are improperly Baker Acted when they are experiencing acute distress or overwhelm. In one case, a ten-year-old autistic boy who was having a difficult time after a family bereavement was handcuffed, detained, and taken to a receiving facility for involuntary examination when he became upset at school.

Over the past decade, thousands of Florida’s children have been seized and subjected to involuntary examinations under the Baker Act. While in some cases these interventions may be necessary to prevent children who are in immediate danger and at risk of harming themselves, in many cases, they do not meet the criteria for involuntary examination. Not only is wrongful Baker Acting traumatic for young children, but it can also leave their parents with expensive medical bills that they did not consent to.

People with substance abuse disorders

Another common type of Baker Act case attorneys encounter involves people being involuntarily taken into custody for mental distress resulting from substance abuse disorders. Given the express exclusions of the Act described above, this is an improper use of the Baker Act.

Families who want to help loved ones with addictions should instead consider filing a petition under the Marchman Act or applying for guardianship. While it’s very important that those with substance abuse disorders get proper treatment, the Baker Act is certainly not the way to go about it.

Factors That Heighten The Risk Of An Improper Baker Act Admission

In all three cases mentioned above, there are two further factors that can come into play that heighten the risk of wrongful detention and examination.

Health insurance

The first factor is health insurance. When an individual presents themselves at a hospital with stomach pains from taking too many pills (for example), and they have health insurance, they are more likely to be wrongfully Baker Acted. This is because the receiving facilities have a financial incentive to detain and examine individuals. The cost of Baker Acting someone is usually covered by a variety of sources, including the state, charities, insurance companies, and the individual who receives treatment. However, when someone has health insurance, unscrupulous facilities are motivated to detain patients for longer than necessary in order to charge higher bills to the insurance company.

Unscrupulous facilities

The risk of being wrongfully detained under the Baker Act is also determined by the receiving facility you attend. While some mental health facilities are staffed by experienced professionals who would never compromise their integrity for profit, other facilities are run by unscrupulous administrators who attempt to detain people for longer than necessary to charge expensive fees. In 2019, the Tampa Bay Times found that a certain facility had been exploiting hundreds of patients by detaining them longer than the 72-hour period allowed for in the Act.

What Can I Do If My Loved One Has Been Baker Acted?

If you suspect that your loved one has been wrongfully Baker Acted, you must contact a reliable Baker Act attorney as soon as possible. An experienced attorney will be able to help you secure the release of your loved one and ensure they receive the care and treatment they need.

If you do not act quickly, there is a risk that the facility administrator will file a petition at the circuit court requesting that your loved one be held for up to six months in terms of the Act’s involuntary placement provisions. This risk is especially present in circumstances where your loved one has health insurance or has been taken into an unscrupulous facility.

Not only could this be denying them the proper medical treatment they need – and the opportunity for them to have a say in this treatment – but it could also leave them with thousands of dollars in medical bills.

An Experienced Baker Act Attorney Is Here To Help

Mark Astor of Baker Act Attorneys has been helping Florida’s families with wrongful Baker Act cases for many years. Through his compassionate service, depth of legal skill, and strategic insight, he has assisted countless people who have been improperly detained for involuntary examinations.

W​​​​​hether you’re considering Baker Acting your loved one and need legal advice or think a family member has been wrongfully detained under the Baker Act, Baker Act Attorneys should be your first call.

Contact us 24/7 at 855-429-0074 and we’ll ensure your loved one gets the assistance they need.