Can a Baker Act facility “re baker act” someone?
Hello! It’s Mark, and welcome back. In this video, I want to talk about the concept of being, “re-baker acted.”
I’ve had calls from a number of families who tell me that facilities held their loved ones for up to 72 hours. They weren’t released, and the facility, quote, “re baker acted” them. I want to tell you that a Baker Act facility makes up that term. It simply doesn’t exist. It’s not in the Baker Act statute, Chapter 394. It’s just an excuse to keep somebody even longer than they should be there. So, suppose your loved one has been held in a facility involuntarily. In that case, the facility has up to 72 hours to do one of two things, either assess, stabilize, and release you; or they are required to file a petition for involuntary placement. It means they are going to court and asking a judge for permission to keep you beyond 72 hours, potentially for a period of up to six months. For that to happen, once they file, there will be a hearing. You’re entitled to due process and to see a judge. You’re entitled to have the state prove their case against you.
Again, this whole idea that you’ve been “re-baker acted” is just a term made up by the baker act facility to deny you your right to be free. To have the liberty, to have due process, and the right to cancel, and it simply doesn’t exist. So, if your loved one has been re-baker acted, we need to discuss it right away because there’s a small window of time to get your loved one out.
With that said, thanks for tuning in. See you in the next video.