Having a child subjected to an involuntary Baker Act hold is an incredibly stressful experience for any parent. Many Florida parents are not even aware that minors can be subject to Baker Act holds until they find out that their child has been taken to a facility. If your child is being held in a psychiatric facility, the best step you can take to ensure their quick release is to contact an experienced Baker Act defense attorney. They will strategically negotiate with the facility on your behalf and initiate legal proceedings if necessary to ensure that you and your child are reunited as soon as possible.
What Is A Baker Act Hold?
An involuntary Baker Act hold is the process by which a person showing signs of a mental health crisis can be taken to a psychiatric facility at the instance of a judge, medical doctor or law enforcement officer to undergo an emergency psychiatric evaluation. In Florida, minors – that is, individuals under the age of eighteen – can also be subject to Baker Act holds in certain circumstances.
When a minor is detained in terms of the Baker Act, they must be evaluated by a psychiatrist or similarly qualified medical professional within 12 hours of their admission. Once their evaluation has been completed, they must immediately be released into the care of loved ones, unless the examining psychiatrist determines that they must be held for further treatment, in which case the facility must file a ‘petition for involuntary placement’.
It is only in exceptional circumstances that continued detention is warranted, and it is almost always in the child’s best interests to be reunited with family and receive psychiatric treatment on an outpatient basis. However, it is not uncommon for facilities to attempt to hold children for longer than is necessary, which is why it is imperative that you contact a Baker Act defense attorney as soon as your child has been detained.
Under What Circumstances Can A Minor Be Subject To A Psychiatric Hold In Florida?
A law enforcement officer, judge, or medical professional can only initiate a Baker Act hold in respect of a minor if that minor’s behavior gives them good reason to believe that they are experiencing mental impairment due to a mental illness, and this impairment is to such an extent that:
- They are unable to cope with the demands of daily life, or cannot grasp reality; and
- They cannot determine whether they require a psychiatric evaluation, or are refusing to undergo an evaluation; and
- If they are not subject to a Baker Act hold, they are likely to experience harmful neglect, and this neglect could not be mitigated with the care of loved ones; alternatively, they are likely to imminently attempt to harm themselves or others.
The criteria set out in the Baker Act are very strict: only in cases where children are experiencing significant mental distress will a Baker Act intervention be appropriate. For example, a child with behavioral issues who has a temporary outburst, or who is experiencing significant emotional distress but is not at risk of neglect or causing harm, will not meet these criteria.
How Can A Baker Act Defense Attorney Ensure My Child Is Released Quickly?
If your child has been Baker Acted, your first priority will be to ensure that you are reunited with them as quickly as possible. This is when having the assistance of a Baker Act defense attorney can make a world of difference, as they will have a deep knowledge of the procedures that need to be followed and the administrative and legal documents which will need to be prepared.
There are various steps your attorney can take to facilitate your child’s early release – which will be more appropriate will depend on the circumstances of your child’s Baker Act hold.
Negotiating immediate release with the facility
Your attorney’s first step will be to establish contact with the facility representatives and begin negotiating your child’s early release. They will clarify whether your child’s involuntary examination has taken place and what the outcome has been, and will seek to deter the facility from filing for involuntary placement by negotiating a suitable outpatient treatment program for your child. If necessary, they will arrange for your child to be assessed by an independent psychiatrist who can testify for your child’s release in court in the event the facility decides to proceed with a petition for long-term treatment.
Opposing a petition for involuntary placement
If the facility where your child is being held informs you that it will be filing a petition for involuntary placement, it is absolutely essential you contact an experienced Baker Act defense attorney as soon as possible if you have not already. Your attorney will need to prepare opposing papers and gather independent evidence to convince the court that long-term placement in a facility would not be in your child’s best interests. They will represent your family in court, and advise you on any strategic decisions which need to be taken to ensure the best possible outcome for your child.
Filing a writ of habeas corpus
Often, Baker Act facilities do not intend to file a petition for involuntary placement, but nevertheless refuse to release patients quickly. If your child has been in the facility for close to 12 hours and there is still no indication that they have been examined or are likely to be released anytime soon, a Baker Act defense attorney can help you to navigate your next steps.
If after demanding that your child be released the facility still refuses to cooperate, your attorney will prepare an emergency petition called a writ of habeas corpus. This requires the facility’s representatives to appear in court before a judge to provide legal justification for your child’s continued detention. Usually, filing the petition will prompt the facility to release your child, as the facility also has an interest in avoiding unnecessary legal fees.
Leading Florida Baker Act Defense Attorneys Are Here To Help You Protect Your Child
Every year, thousands of Florida’s children are subject to Baker Act holds when less invasive and traumatic interventions would be appropriate. The exceptional lawyers at Baker Act Attorneys are passionate about minimizing the impact of these unnecessary interventions on children and parents, and will use all legal tools at their disposal to ensure that you are reunited with your child as quickly as possible.
For experienced Baker Act defense attorneys who will work around the clock to ensure your child is released into your care as soon as possible, contact our offices today at 855-429-0074.