Helping a loved one navigate a mental health crisis can be an overwhelming experience, and you may be struggling to decide how best to intervene to get them the treatment they need. You may have heard of the voluntary psychiatric admission process regulated by Florida’s Baker Act, and perhaps are considering whether this would be an appropriate intervention for your loved one’s case. You may also be worried that if you do nothing, your loved one could end up being subject to an involuntary Baker Act hold. In this article, a leading Florida Baker Act attorney unpacks the differences between voluntary and involuntary Baker Act admissions, so that your family can make an informed decision about the way forward.
What Is The Purpose Of Florida’s Baker Act?
The Florida Mental Health Act, more commonly referred to as the Baker Act, was passed in 1971 to provide a means to facilitate emergency interventions for those who need mental health care but lack the capacity to access it themselves. It is an essential part of Florida’s mental health law framework, and over the past few decades the Act has proved to be a life-saving legal mechanism for countless individuals.
The Act’s two key processes relate to the admission of individuals experiencing significant mental distress to a psychiatric facility (called a ‘receiving facility’ in the Act) for purposes of undergoing a psychiatric examination. The first process is the voluntary admission process, individuals voluntarily present themselves for examination and treatment, and the second is involuntary admission, also referred to as an involuntary Baker Act hold. Experienced Baker Act attorneys will be familiar with both processes, and will be able to guide you through the Act’s complex procedures.
Voluntary Admissions
Individuals can voluntarily admit themselves, based on Informed Consent, to a receiving facility to be evaluated by a psychiatrist or other appropriately qualified medical professional, and thereafter receive treatment if necessary.
Criteria
A person can only voluntarily admit themselves for evaluation and treatment if they are over the age of 18 years and competent to consent to treatment. To be competent to consent, the individual must have the capacity to make a well-reasoned and willful decision about their mental health treatment. This consent must also be informed: the person must have a clear understanding of what their treatment and evaluation will involve.
Process
The voluntary admission process is relatively straightforward. Once the person has presented themselves for admission, they must be examined by a psychiatrist to determine (i) whether they need to be admitted for a longer period to receive treatment; and (ii) whether they have the competence to provide consent to treatment. If the psychiatrist finds that they lack competence, they will then be treated pursuant to the involuntary hold process set out in Florida’s Baker Act.
Outcomes
If a psychiatrist determines that a person is capable of providing consent, they will be admitted to the facility for treatment on a voluntary basis. They will receive dedicated treatment from a team of mental health professionals until they no longer require inpatient care or they choose to leave voluntarily. Usually, treatment and monitoring will continue on an outpatient basis.
Involuntary Baker Act Holds
The involuntary Baker Act hold process is significantly more complex than the voluntary admissions process. Baker Act holds should only be initiated when an individual is experiencing a mental health emergency and is at risk of self-harm or causing harm to those around them. If your loved one has been Baker Acted in circumstances where the below criteria have not been met, it is essential that you contact a reputable Baker Act attorney for assistance as soon as possible.
Criteria
A person may only be subject to a hold in terms of Florida’s Baker Act if they are experiencing mental impairment to such an extent that:
- They can no longer cope with the demands of day-to-day life or are unable to perceive reality;
- They are unable to recognize that they require a mental health evaluation, or have refused an evaluation entirely; and
- If no intervention takes place, they are likely to suffer from neglect to such an extent that they will suffer serious harm, or it is likely that they will attempt to harm themselves or others imminently.
An involuntary hold may only be initiated where there is good reason to believe that these criteria have been met, as evidenced by the person’s recent behavior.
Process
An involuntary Baker Act hold may be initiated in one of three ways. First, a law enforcement officer who reasonably believes that a person meets the above criteria may take the person into custody and deliver them to a receiving facility. Second, a medical professional with psychiatric expertise who has examined the person within the previous 48 hours and determines they meet the Act’s criteria may issue a certificate initiating the Baker Act hold. Lastly, a hold may be initiated by a court, following a petition for involuntary examination filed by a concerned family member or other interested third party.
Outcomes
Once a person has been subject to an involuntary hold, they must be examined by a psychiatrist or physician as soon as possible, and in any event within 72 hours. Once this psychiatric examination has been completed, they must either be immediately released, held for further treatment, or remain on a voluntary admission basis. However, they may only be held for further treatment if the facility successfully petitions for their involuntary placement in the facility for a period of up to six (6) months. If the person is held for further treatment, they cannot leave the facility, unless a court orders their release or the facility’s medical team determine that they no longer require inpatient treatment.
How A Florida Baker Act Attorney Can Help You Make The Best Decision For Your Loved One
The voluntary and involuntary hold processes differ significantly, as do their consequences for the freedom of the person held in the facility. If you are contemplating filing an involuntary examination petition in respect of your loved one, it is essential that you seek guidance from a reputable Baker Act attorney before doing so. They will help you to assess whether this step is appropriate, and will ensure that you are put in contact with a reputable receiving facility. If possible, and provided your loved one meets the criteria, it is preferable to use the voluntary hold process, as this ensures your loved one cannot be held for longer than is strictly necessary. A voluntary hold process has the advantage of being less invasive and distressing for the individual admitted.
Protect Your Loved One’s Well-being With The Help Of Experienced Florida Baker Act Attorneys
If your loved one is experiencing significant mental distress, it is essential that you act quickly to ensure they are able to access the help they need. However, deciding which Baker Act process is most appropriate for their circumstances can be incredibly difficult without adequate legal support.
The acclaimed mental health law specialists at Baker Act attorneys are on standby to help you determine the best course of action for your loved one’s care. We have years of experience challenging involuntary Baker Act holds, negotiating with facilities on behalf of families, and helping individuals to facilitate voluntary holds.
For exceptional legal support during this challenging time, don’t hesitate to contact our offices today at 855-429-0074.