Category: Baker Act Law

The Baker Act is a Florida law that allows a court, law enforcement officer, or qualified professional to initiate the temporary detention and involuntary examination of a person who is experiencing a mental health crisis and poses a risk of harm to themselves or others. In the decades following its passage into law, the Baker Act has been used to save thousands of lives and give people experiencing serious mental illness or psychosis the support and care they need. In some circumstances, however, the Act is improperly applied and used to detain people who do not meet its strict criteria. If you or a family member has been unfairly detained under the Baker Act, you need to act quickly to ensure release.

In this article, the team at Baker Act Attorneys sets out the immediate steps you should take to navigate this distressing situation.

Why You Need To Act Immediately If Your Loved One Has Been Baker Acted

The purpose of the Baker Act is to facilitate the psychiatric assessment and stabilization of a person who is in crisis and in immediate need of mental health services. When a person is taken into custody and delivered to a receiving facility for an involuntary examination under the Baker Act, a qualified professional such as a physician, psychiatrist, or clinical psychologist must assess them to determine if they need to be committed for longer-term services. They may only be held for a maximum of up to 72 hours while this process is underway. However, that’s a long time for you or your loved one to be held in detention when there is no lawful justification for it, not to mention the emotional distress they will be experiencing after being separated from family and taken into custody against their will.

Additionally, there is a possibility that the detention can be extended for longer, potentially up to 6 months, if the receiving facility applies to the court to have them involuntarily committed. As any experienced Baker Act attorney will tell you, it is much more difficult to challenge a wrongful Baker Act after your family member has been committed for extended detention by a court. That’s why you need to start working as soon as possible to secure their release by urgently following the steps below.

Step-by-step Guide To Challenging An Unlawful Baker Act

If your loved one has been involuntarily and illegally Baker Acted, you’re no doubt feeling overwhelmed, shocked, and distressed. But it’s important to remember that you’re not helpless in this situation: by keeping calm and acting swiftly, you can help to secure your loved one’s release as soon as possible.

1. Locate Your Loved One

The most common instances of an improper Baker Act detention occur when law enforcement takes someone into custody even though they do not meet the Act’s criteria for involuntary assessment. In this scenario, it is imperative that you immediately find out which receiving facility law enforcement has taken your loved one to, so that you can communicate with them, gain an understanding of what led to their detention, and establish that they are safe. You will need to be in contact with a Baker Act attorney as soon as possible.

2. Contact A Reputable Baker Act Attorney

Your top priority should be to contact a Baker Act attorney. You will need excellent representation every step of the way as you navigate the legal process to ensure your loved one’s speedy release. Baker Act attorneys are intimately familiar with the processes that must be followed in wrongful Baker Act cases, and they also possess an impressive practical knowledge of how receiving facilities operate. Their depth of experience will give you the best possible chances of successfully arguing that your loved one should not be held longer. In addition to representing your loved one, your attorney will also be able to advise you on a range of legal strategies you can use to secure your loved one’s release, such as filing a writ of habeas corpus.

3. Collate Your Evidence

If your loved one is not released within the detention period, a hearing must be held to determine whether they need to be involuntarily committed for long-term mental health treatment. At this hearing, your Baker Act attorney will need to produce evidence to persuade the court that your loved one is able to look after themselves and is not a threat to themselves or others. They will need to rely on witness statements, medical records, testimony, and any other relevant documentary evidence that proves that it would be inappropriate to institutionalize your family member. To help your attorney prepare a strong body of evidence, you will need to gather all the documentation you can think of that will help them make their case, and identify suitable witnesses that could be called to testify to your loved one’s soundness of mind.

4. Request A Court Hearing

If the receiving facility where your family member is being held is refusing to release them, but has also failed to petition the court for an order for extended detention, then you can petition the court for an emergency hearing. Your Baker Act attorney will draft and file the petition on your behalf and will keep in regular correspondence with the clerk of the court until a date and time have been set for the hearing.

An Experienced Baker Act Attorney Is Here To Guide You Every Step Of The Way

Challenging a wrongful Baker Act is an administratively complex and emotionally challenging experience. Thankfully, you’re not alone. At Baker Act Attorneys, we have years of experience helping families to challenge an unlawful Baker Act, and we understand exactly what you’re going through.

We will fight tirelessly for your loved one’s release, using our depth of procedural knowledge and formidable legal skills to challenge their wrongful detention. For compassionate legal counsel that you can count on day and night throughout this distressing period, contact our offices today at 855-429-0074.

The Florida Mental Health Care Act – commonly referred to as the Baker Act – has changed countless lives for the better. For many decades, its processes have been used to ensure that people in the depths of a mental health crisis are not abandoned by society, but are rather given the care they urgently need. However, although being Baker Acted may come as a saving grace, it is not without long-term implications. Few people have an adequate grasp of what being involuntarily committed means for their future, and are shocked when a Baker Act attorney informs them of the possible consequences. Understanding the potential adverse impact a Baker Act could have on you or your loved one is critical if you are deciding what steps to take after an involuntary Baker Act.

The Baker Act In A Nutshell

Over the past few years, mental health awareness has grown dramatically. This positive development has encouraged millions to take better care of themselves and reach out for help when they need it. Many people who struggle with their mental health do not need to be involuntarily committed – joining a support group, seeing a therapist, and taking medication prescribed by an experienced mental health professional can all make a world of difference. However, in some cases, these interventions are insufficient. For those who are in a state of psychosis, or who are experiencing a mental health crisis so severe that they have become a threat to themselves or others, it is in their best interests to be placed in a receiving facility – even when this goes against their wishes.

This is where the Baker Act comes in: it provides a legal mechanism for taking a person into custody and delivering them to a receiving facility for assessment and stabilization. An involuntary Baker Act hold can be initiated by a court (following a petition brought by a concerned individual), a law enforcement officer, or a qualified professional. Regardless of how an involuntary Baker Act hold is initiated, though, a person should only be detained if they meet certain criteria. They must be experiencing symptoms of emotional and mental impairment of such a degree that they are no longer perceiving reality, cannot appreciate that they need treatment, or have refused treatment, and are at risk of serious neglect or of harming themselves or others. If you or someone you know has been Baker Acted despite not meeting these criteria, you should immediately contact a Baker Act attorney for advice.

Involuntary Evaluation And Commitment

When someone has been involuntarily Baker Acted, they may only be held in a receiving facility for up to 72 hours. In this period, they must be examined and evaluated by a qualified professional, such as a psychiatrist, physician, or clinical psychologist. After examination, the person must either be released, the facility must petition a court to commit the person for long-term treatment, or they must give informed consent to remain on a voluntary admission basis. In some cases, a person can be held for treatment for as long as six months.

If you have been involuntarily Baker Acted, you must consult with an experienced Baker Act attorney as soon as possible if you believe that you have been taken into custody wrongfully. It is far more difficult to challenge a wrongful Baker Act detention once you have been involuntarily committed for long-term treatment by a court. And, if your loved one has been improperly Baker Acted, don’t assume that waiting out the 72-hour hold period is the answer: if they are not represented by a skilled Baker Act attorney at the hearing for their involuntary commitment, there is a risk that they will be held in a facility for much longer. It is important to remember that while involuntary commitment may be an appropriate stabilization for those with severe mental illness, for those with mild to moderate mental illness, there are numerous less restrictive interventions available.

Potential Consequences Of Being Baker Acted

Many people decide not to challenge their Baker Act hold, hoping to be released instead. However, being Baker Acted can have significant consequences, which can be mitigated when a Baker Act hold is contested quickly.

Financial consequences

While many receiving facilities provide patients with excellent care and discharge them when it is appropriate to do so, some facilities engage in unethical practices. It is not uncommon for unscrupulous facilities to hold a patient for much longer than is medically necessary. There is a much greater risk of this happening when the patient has medical insurance, as the facility stands to derive significant financial benefits from holding such patients for longer. However, medical insurance companies may not cover the full cost of the treatment, leaving the patient who was unnecessarily Baker Acted responsible for the medical bills.

Psychological consequences

Though involuntary commitment under the Baker Act is intended to stabilize and improve the patient’s mental health, a wrongful Baker Act can have the opposite effect. Those who have been Baker Acted improperly often suffer emotional and mental distress, and some are mistreated by the institutions in which they are placed. The long-term trauma that these patients have to deal with can be devastating for their work and personal lives, ironically leaving them with worse mental health than they had prior to their Baker Act hold. The social stigma and judgment that often follow involuntary detention and/or commitment only serve to heighten the significant emotional and psychological impacts of being Baker Acted.

How Can I Limit The Impact Of Being Baker Acted?

Unfortunately, a Baker Act cannot be expunged. This means that it will always form part of your medical records. But that isn’t a reason to despair: if you are able to successfully challenge your wrongful Baker Act in court, this can also be disclosed along with your Baker Act record. Once you have a court judgment ruling that you were held unlawfully, or are released after successfully petitioning for your release, you will be able to explain to anyone who discovers that you were Baker Acted that your detention was unlawful and without basis. The sooner you contact an experienced Baker Act attorney to fight your detention, the more protected you will be from the long term consequences of a wrongful Baker Act, whether they be financial, professional, or psychological in nature.

For this reason, it is strongly recommended that you contact a qualified Baker Act attorney immediately if you or a loved one is taken into custody..

A Respected Baker Attorney Is Here To Protect Your Interests

Being detained under the Baker Act is an incredibly stressful experience that requires outstanding legal support. At Baker Act Attorneys, we strive to limit both the short- and long-term consequences that being Baker Acted will have for you and your family. Our dedicated team of attorneys will work tirelessly to secure your release from detention and ensure that your rights are protected.

Contact us today at 855-429-0074 for an emergency consultation or to inquire further about our legal services.

Involuntary hospitalization is a drastic measure that should only be taken in instances where someone is experiencing a mental health crisis. Whether you’ve been hospitalized against your will, have a loved one who has been hospitalized without grounds, or are considering bringing a court petition to hospitalize a family member who is experiencing severe mental illness, you’ll need an attorney for your involuntary hospitalization case.

What Is Involuntary Hospitalization?

Involuntary hospitalization – also called involuntary commitment or a ‘Baker Act hold’ – is the process whereby a person suffering from serious mental illness or experiencing a psychotic episode is taken to a psychiatric facility against their will for stabilization and a psychiatric evaluation. Under Florida law, involuntary hospitalizations are carried out in terms of the Baker Act, a statute that was enacted in 1971 to provide for voluntary and involuntary mental health treatment at registered treatment facilities.

Involuntary hospitalization, referred to as involuntary examination in the Baker Act, can be initiated in three ways:

• By court order: A court can order that a person be taken to a psychiatric facility for assessment by a qualified professional following a petition brought by a person familiar with the circumstances of the case.
• By law enforcement: A law enforcement officer can detain and deliver a person who appears to meet the requirements for involuntary hospitalization to a treatment facility for evaluation.
• By a qualified professional: A qualified professional with appropriate experience – such as a physician, psychiatrist, clinical psychologist, or psychiatric nurse – can decide that a person requires involuntary hospitalization for further assessment after examining them and concluding they need to be stabilized and examined.

A person should only be involuntarily hospitalized when they are experiencing mental impairment to such an extent that they have lost touch with reality and/or can’t meet the demands of ordinary life, have refused to access treatment or are unable to recognize that they need it, and as a result, are likely to suffer serious self-neglect or are likely to harm themselves or others. If you (or someone you know) have been hospitalized when these criteria haven’t been met, you should contact an attorney experienced in involuntary hospitalization matters as soon as possible.

When Is Involuntary Hospitalization Appropriate?

There’s no doubt that involuntary hospitalization can be a life-saving intervention for those experiencing a mental health crisis. Though it is a severe curtailment of an individual’s rights, involuntary commitment to a psychiatric facility is an appropriate step when someone is experiencing immediate crisis, which occurs when a person loses touch with reality and may be experiencing hallucinations, delusions, general confusion, and/or extreme paranoia. For instance, psychosis may occur in persons with bipolar disorder or schizophrenia and can also be a symptom of acute post-partum depression or epileptic seizures.

Other legitimate grounds for involuntary hospitalization include instances where mentally ill people are threatening to self-harm or harm others or have reached such a stage of illness that they are no longer caring for themselves (e.g. they are neglecting personal hygiene, are absent from work or other commitments, are not eating properly, and/or are failing to take prescribed medications). If a loved one appears to fit this description, you should consider consulting with an attorney, as involuntary hospitalization could potentially be avoided by arranging a less drastic intervention, such as registering your loved one for outpatient treatment.

When Is Involuntary Hospitalization Inappropriate?

Unfortunately, in Florida, the Baker Act’s involuntary hospitalization provisions are frequently misused. Sometimes, a person is Baker Acted when they should have instead benefited from an intervention under the Marchman Act, which specifically caters for people whose primary health issue is a substance use disorder (rather than mental illness). Often, young children with behavioral issues or autism are Baker Acted when law enforcement is called to the child’s school during an outburst, traumatizing the child and exacerbating their condition.

In many cases, a person may be experiencing symptoms of mental illness but may not yet reach the threshold for involuntary detention and examination under the Baker Act. For individuals in this category, helping them to voluntarily access therapy and medication or registering them with an outpatient treatment program may be a much more effective intervention that still respects their personal agency and wishes.

What Role Do Attorneys Play In Involuntary Hospitalization Cases?

Baker Act attorneys can assist in involuntary hospitalization cases in a variety of ways. Let’s take a look at a few of these below.

Helping you to leave a treatment facility if you’ve been improperly Baker Acted

Anybody who has been taken to a treatment facility for involuntary examination has the right to access legal representation and challenge the court order that sanctioned their involuntary treatment. If you’ve been improperly Baker Acted, it is crucial that you contact a qualified Baker Act attorney to challenge your involuntary hospitalization as soon as possible. Your attorney will request an emergency hearing to secure your release and will oppose any further petition for long-term treatment brought by the treatment facility where you are being held.

Fighting a loved one’s wrongful detention on your behalf

If your loved one has been wrongfully Baker acted, you’ll need an experienced Baker Act attorney by your side to help you navigate the legal process for securing their immediate release. Unfortunately, there are several unscrupulous treatment facilities in Florida that seek to detain individuals for months, even when less drastic interventions would be suitable, as they stand to benefit financially. The risk of this happening to your loved one is heightened in circumstances where they have health insurance. You’ll want to act quickly to obtain legal representation so that your lawyer can challenge any petition brought to extend your loved one’s involuntary hospitalization. They’ll also be an important source of support to you during this distressing time.

Advising you on whether to Baker Act your loved one

Though involuntary hospitalization should be a last resort, it is sadly necessary in some cases. However, if you are considering Baker Acting your loved one, it is strongly recommended that you first speak to an attorney to discuss your options and the potential consequences that involuntary hospitalization may have. An experienced Baker Act attorney will also be familiar with reputable treatment centers and outpatient facilities and will help you come to a decision that is in your loved one’s best interests. Having a trusted advisor to support you through this challenging process will give you peace of mind that you are making an informed decision that ensures your loved one will receive the best possible care.

A Reputable Baker Act Attorney Is Ready To Assist You In Your Involuntary Hospitalization Case

At Baker Act Attorneys, we have dealt with hundreds of involuntary hospitalization cases over the past years and are intimately familiar with Florida’s legal framework for involuntary mental health treatment. Whether you’ve been improperly Baker Acted, need to secure the immediate release of a loved one who has been detained under the Act, or are considering whether to Baker Act a family member, we are your go-to legal advisors.

Our compassionate, responsive, client-focused approach has made us the law firm of choice for families dealing with the mental health crisis of a loved one. Contact us today at 855-429-0074 to arrange a consultation or request emergency legal assistance.

The Baker Act is the centerpiece of Florida’s mental healthcare framework. It was enacted in 1972 with the objective of securing the rights of those undergoing involuntary mental health treatment in Florida’s psychiatric facilities while also ensuring that they receive the help and care they need. However, as an experienced Baker Act attorney will tell you, the Act’s noble aims are often disregarded by unscrupulous receiving facilities who routinely violate patients’ rights and fail to follow the processes set out in the Act. By empowering yourself with an understanding of your rights, you’ll know what to do should you ever find yourself in the unfortunate situation of being subject to an involuntary Baker Act hold.

Involuntary Examination Under The Baker Act

You’ve probably heard of the phrase ‘being Baker Acted’ – this is the colloquial way of describing the process of being taken into custody and subject to an involuntary psychiatric examination. The legal process that regulates involuntary examination under the Baker Act is complex, and there are several ways that a Baker Act hold can be initiated – by law enforcement, by a qualified professional, or by a concerned individual who brings a successful petition for involuntary examination.

In all three instances, certain criteria must be met before involuntary examination can be initiated – essentially, it must be clear that the person who is the subject of the Baker Act proceedings is is in need of immediate mental health services and are a danger to themselves or others, or are at risk of serious neglect. In these circumstances, a person can be forced to undergo a psychiatric evaluation, even if they have previously refused such an examination. It is important to remember that Baker Acting is not a form of punishment, and Baker Act proceedings are not criminal in nature: they are solely designed to ensure that seriously mentally ill people are assessed, stabilized, and released.

Involuntary Examination: Your Procedural Rights

Although the Baker Act has enabled many life-saving interventions since its enactment, it has also been abused. Unfortunately, in some cases, petitions for involuntary examination are brought maliciously and under false pretenses, or they are brought under legitimate circumstances but result in a person being placed in a facility that fails to adhere to strict timeframes and procedures. Increasingly, we are being hired to assist families dealing with the latter scenario as the number of unscrupulous receiving facilities grows.

The right to be released after 72 hours

First and foremost, if you have been taken into custody for an involuntary examination, you have the right to be examined promptly and to be released once such examination has been completed. You may not be legally held in a receiving facility for longer than 72 hours. You can be detained much longer than 72 hours, potentially up to six (6) months, if the facility has brought a successful petition for involuntary placement (this is the petition that is brought to commit persons to long-term psychiatric treatment). If you are Baker Acted, it is crucial that your family acts quickly to hire an experienced Baker Act attorney to secure your release within this 72-hour period – once  an order for involuntary placement and extended detention has been obtained, it will be much harder to secure your release.

The right to legal representation

Every person who is subject to Baker Act proceedings has the right to legal representation. Since a petition for involuntary examination can be brought on an ex parte basis, you may only have an opportunity to address the court if a hearing for involuntary placement is held. It is strongly recommended that you hire an experienced Baker Act attorney to represent you: they will have an in-depth understanding of the evidence that needs to be presented to convince the court that you should be released. Your attorney must be permitted to consult with you to gather evidence demonstrating why the criteria for involuntary placement have not been met. They will also cross-examine any witnesses brought by the treatment facility.

The right to communicate with loved ones and representatives

When you are being held for involuntary examination, you have the right to communicate with your loved ones and legal representatives and to make them aware of where you are being held. Often, unscrupulous treatment facility representatives will attempt to deny you of this right. You are entitled to receive visitors and to communicate with loved ones. Importantly, your right to privacy must be respected during these visits or communications: facility staff are not permitted to listen in to your calls or visits, but frequently do. You are also entitled to communicate with your attorney and to have private in-person consultations with them in order to prepare for your hearing.

The right to be advised of your rights

Upon your arrival at a treatment facility, you should be notified of your rights. The rights of patients should also be posted in every unit of a Baker Act treatment facility. This is a vital procedural right: without access to information about what your rights are while you are being held in a facility, you won’t be able to take any steps to enforce them.

Your Rights During Involuntary Assessment and Stabilization

In addition to procedural rights, the Baker Act also grants patients several important substantive rights relating to the conditions of their detention. If you are in a receiving facility and believe you are being denied any of the following rights, you should contact a Baker Act attorney immediately:

• The right to humane and skillful treatment, including emergency medical treatment: You have the right to proper psychiatric treatment from appropriately qualified medical professionals, and should you require emergency medical treatment, you are entitled to receive such treatment, regardless of your ability to pay for it.
• The right to least restrictive treatment: You must be given the least restrictive treatment available, given your individual needs and circumstances, and confinement should be avoided wherever possible.
• The right to access your clinical record: Although unscrupulous facilities often tell patients that they may only access their clinical records after they have been released, this is patently incorrect: you and, with your consent, your Baker Act attorney must be able to access your clinical records. This is especially important when you are preparing for your involuntary placement hearing.
• The right to vote: While you are in a treatment facility, you have the right to vote, provided you are in all other respects qualified to vote (for example, you are a major).
• The right to personal belongings: Your personal belongings may not be taken away from you upon your entry into a treatment facility unless they pose a safety hazard. You must be allowed to keep your clothing and personal items unless there is a risk that you or someone else could use them to self-harm.

In general, you also have the right to dignity at all times. Your individual dignity must be respected in all circumstances throughout your treatment, and your needs and best interests prioritized by those who are responsible for your care.

Florida’s Renowned Baker Act Attorneys Are Ready To Fight For Your Rights

Understanding your rights under the Baker Act is an important first step, but you’ll need a skilled, experienced attorney to enforce them. If you have been subject to an improper Baker Act or are being held in a receiving facility that is violating your rights, the team at Baker Act Attorneys is on standby to advocate for your immediate release.

We use our legal expertise, procedural know-how, and passion for justice to ensure that our clients’ rights are upheld and that their best interests are protected. For an emergency consultation, contact us today at 855-429-0074.

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.