Baker Act Defense For Minors

Finding out that your child has been subject to a Baker Act hold is a frightening experience for any parent. Unfortunately, the Baker Act as it applies to minors is complex and can be confusing for nonspecialists, making it that much harder to navigate when you are in a state of distress. At Baker Act Attorneys, we have helped countless Florida families to secure the immediate release of a child who has been Baker Acted. If your child has been taken to a Baker Act facility and you don’t know where to turn, our Baker Act defense team is your first port of call.

What Is The Baker Act?

The Florida Mental Health Act – more commonly known as the Baker Act – is an important piece of legislation that ensures people experiencing a mental health emergency receive stabilizing treatment and undergo a psychiatric evaluation to determine their long-term mental health care needs. It achieves this through a process often referred to as a ‘Baker Act hold’, which is when a person showing signs of a mental health crisis is involuntarily detained and taken to a designated psychiatric facility – called a receiving facility in the Act – for examination by an appropriately qualified medical professional.

Many parents are unaware that the Baker Act can also be used to involuntarily detain children. While in some cases minors may legitimately require a Baker Act hold, it is also common for minors to be Baker Acted when less extreme interventions would have been more suitable. Involuntary Baker Act holds can be very traumatic for both children and parents, especially when the receiving facility fails to follow the additional safeguards and procedures which the Act prescribes for minors. This is where Baker Act defense attorneys play a pivotal role: they advocate for the rights of both children and their parents, ensuring that lawful processes are followed, and that minors are released into the care of family as soon as possible.

Baker Act Criteria As They Relate To Minors

Any person under the age of 18 is considered to be a minor in Florida law. The criteria for involuntary examination under the Baker Act are the same for adults and minors. A minor can be subject to a Baker Act hold if there is good reason to believe that they have a mental illness which is substantially interfering in their ability to perceive reality or cope with daily life, and:

1. As a result, they are unable to determine whether they require a psychiatric examination, or they are unwilling to undergo an examination voluntarily; and
2. If no intervention takes place, there is a strong likelihood that they will cause serious harm to themselves or others, and this likelihood cannot be reduced through the help of family members or less restrictive alternatives.

The involuntary detention and examination of a minor can be initiated by law enforcement, an appropriately qualified mental health professional, or a court (following a successful petition for involuntary examination). If a Baker Act has been initiated when one or more of the above criteria has not been met, a Baker Act defense attorney should be contacted immediately.

In What Kinds Of Cases Is A Minor Likely To Be Baker Acted?

Although a Baker Act hold is a severe curtailment of an individual’s freedom, it is justified in certain circumstances. For example, if a depressed teenager is threatening to self-harm and it appears that their life is genuinely at risk, involuntarily detention and examination under the Baker Act is an appropriate measure.

However, the Baker Act is also frequently misapplied to minors, most commonly in cases where a minor is experiencing behavioral issues but is mistaken for having a mental illness. For example, a minor who has an autistic meltdown or who has social difficulties due to a developmental disability might easily be mistaken for meeting the Baker Act criteria by a law enforcement officer who has not received appropriate training. Sadly, many Baker Act defense cases involve inappropriate Baker Act holds that were initiated in schools, in circumstances where teachers were ill-equipped to deal with special-needs children and resorted to calling law enforcement to deal with the situation instead.

How Does The Involuntary Examination Process Apply To Minors?

Once a minor has been Baker Acted, they must immediately be taken to a receiving facility for involuntary examination. The Baker Act requires that unless exceptional circumstances arise, minors must be taken to facilities specially designed for young people, and should be held separately from adult patients at all times. Once in a facility, minors must be examined by an appropriately qualified medical professional – such as a physician, clinical psychologist, or psychiatrist – within 12 hours. Once they have been examined, they must immediately be released, unless the facility determines that they need to be held for further stabilization, in which case the facility must file a petition for involuntary placement.

The Rights of Parents

Many parents lack a basic understanding of their rights as the legal guardian of a child who has been Baker Acted, which makes it all the more challenging for them to ensure their child’s well-being is protected. Parents must immediately be notified of any Baker Act hold being initiated in respect of their child. Both law enforcement and the receiving facility must keep parents informed of their child’s whereabouts, and allow them to communicate with their child.

Parents have the right to access their child’s medical records, and to be included in any decision-making processes concerning their treatment. Parental involvement also makes a significant difference to a child’s experience of their Baker Act hold: the close involvement of a parent will go a long way to giving the child a sense of emotional stability and safety during a very distressing period. If your child has been Baker Acted and you are being denied access to them and excluded from the evaluation process, it is imperative that you urgently contact a reputable Baker Act defense attorney.

Baker Act Defense For Minors

When a minor has been Baker Acted, time is of the essence. The longer they are held in a facility, the greater their risk of experiencing emotional trauma and of being kept for extended involuntarily treatment. There are many ways to defend a minor’s Baker Act hold, and your Baker Act defense attorney will determine the most strategic course of action based on your child’s particular circumstances and the extent of co-operation received from the facility. A Baker Act defense may include the following:

• Demanding your child’s release: Your attorney will liaise with the facility on your behalf, ensuring you are comprehensively included in decisions concerning your child’s evaluation and treatment, and will demand your child’s immediate release as soon as the evaluation has been concluded.
• Opposing a petition for your child’s involuntary placement: If the facility petitions to continue holding your child for long-term treatment, your attorney will defend the petition on your behalf, developing a persuasive and well-substantiated argument that demonstrates that your child’s best interests require they be released into your care, after which they can benefit from less restrictive forms of treatment.
• Filing a writ of habeas corpus: If the facility neither releases your child nor takes any steps to petition for their continued confinement, your attorney will prepare a writ of habeas corpus. This is a special petition that requires the facility to convince the court that its continued detention of your child is legally justified.

In addition to the above, your attorney will advocate for your and your child’s rights at every stage of their Baker Act hold. They will be an invaluable source of legal and moral support as you navigate this incredibly challenging period. Once your child has been released, your attorney will put you in contact with pediatric mental health specialists who can help you develop a tailored treatment plan for your child to support their long-term emotional well-being.

Experienced Baker Act Defense Attorneys Are Here To Help You Seek The Immediate Release Of Your Child

Don’t face the daunting process of fighting your child’s Baker Act alone. With exceptional legal support to guide you, you will be in a much better position to advocate for your child’s well-being. Our compassionate Baker Act defense attorneys are available round-the-clock to help you navigate your child’s Baker Act hold, and will exhaust all the legal options available to ensure you are reunited with your child as soon as possible.

Whatever the nature of your Baker Act emergency, the team at Baker Act Attorneys has the practical experience, legal skill, and strategic acumen to ensure your child’s Baker Act defense is successful. Contact us today at 855-429-0074 and we’ll take care of the rest.