Finding out that a loved one has been subject to a Baker Act hold can be an incredibly stressful experience. Juggling liaising with psychiatric facility personnel, navigating the complex legal procedures of the Baker Act, and worrying about your loved one’s well-being can quickly lead to a sense of overwhelm. However, there’s no need to face a loved one’s Baker Act hold alone – experienced Baker Act attorneys will be able to guide you through your next steps and ensure that your loved one’s best interests are protected.
If you’re searching for Baker Act legal help, you’ve come to the right place.
What Is A Baker Act Hold?
Florida’s Baker Act allows a person who is showing signs of a mental health crisis and who meets certain criteria to be taken into custody by law enforcement and delivered to a psychiatric facility – called a receiving facility – for an involuntary psychiatric evaluation. This process is often informally referred to as a ‘Baker Act’ or ‘Baker Act hold’. A Baker Act hold can be initiated by a law enforcement officer; a medical professional who has examined the person within the preceding 48 hours; or a court, following a petition for involuntary examination brought by a family member or concerned individual.
A person who has been taken to a receiving facility for an involuntary examination must be evaluated by an appropriately qualified mental health professional (such as a psychiatrist, physician, or clinical psychologist) as soon as possible. Once they have been examined, they must immediately be released, unless the facility files a petition for involuntary placement and asks the court to order that the person be held for longer-term treatment.
Unless a petition for involuntary placement has been granted, a person may only be held at a receiving facility for a maximum of 72 hours. Unfortunately, it is not uncommon for facilities to hold individuals for longer than 72 hours even when they have no legal basis to do so. For this reason, it is imperative that you immediately seek legal help if a loved one has been Baker Acted.
When Can A Person Be Baker Acted?
Regardless of whether a judge, law enforcement officer or medical doctor is initiating a Baker Act hold, three criteria must be met. Specifically, the person they intend to Baker Act must be demonstrating behaviors that provide reason to believe that they are experiencing mental impairment, and because of this impairment:
- They are struggling to cope with the demands of daily life, or are unable to perceive reality; and
- they are unable to determine whether they require treatment for their mental health, or have refused such treatment; and
- without intervention and treatment, they are likely to suffer harmful neglect due to their inability to care for themselves; or there is a real and imminent risk that they will cause harm to themselves or those around them.
From these criteria, it should be clear that the Baker Act should only be used when a person is having a mental health emergency, for example, they are experiencing psychosis or have attempted to self-harm. Yet people who do not meet the Act’s criteria are frequently Baker Acted as a result of law enforcement’s misapplication of the law, or because their behavior has been taken out of context. Baker Act attorneys frequently provide legal help to people who have been Baker Acted in these kinds of circumstances.
What Are My Options For Fighting A Loved One’s Baker Act Hold?
Navigating the legal processes for challenging a Baker Act hold can be very daunting if you are not familiar with the Act. If your loved one has been Baker Acted, there are several legal options available to you.
Act quickly, regardless of the circumstances
If your loved one has been Baker Acted, it is crucial to act as soon as possible to challenge their Baker Act hold. Even if your loved one is struggling with mental illness and will benefit from the emergency stabilization and treatment that the Act facilitates, it is important that they have legal representation to ensure that their procedural rights and best interests are protected while they are being held at the receiving facility. It is sadly not uncommon for unscrupulous facilities to petition for a person’s longer-term treatment to charge hefty medical bills, when in fact the person would be better served by family support and outpatient care.
Oppose the petition for involuntary placement
Many families are not aware that they can obtain legal help to challenge a loved one’s Baker Act hold. There are two main ways in which you can challenge a Baker Act hold. The first is by opposing the facility’s petition for involuntary placement. When the court adjudicates the facility’s petition, your loved one is entitled to be present at the hearing and be represented by an attorney who will argue for their release. Their attorney can present evidence to the court demonstrating that your loved one’s condition has stabilized, that they are no longer at risk of harm or neglect, and that they are willing to continue treatment through an outpatient program.
File a writ of habeas corpus
The second is by filing a writ of habeas corpus, which is a special kind of petition that requires the treatment facility to provide legal justification for your loved one’s continued confinement. If the court is dissatisfied with the facility’s argument and finds that there is no lawful basis for your loved one’s continued confinement and involuntary treatment, it will order that they be released. Most Baker Act attorneys who are approached to provide legal help when a person has been Baker Acted without legal basis will first contact the facility to demand the person’s release, and will then proceed to file a writ of habeas corpus if prior demands yield no response.
What Should I Do If My Loved One Keeps Being Baker Acted?
If your loved one has been Baker Acted multiple times and their mental health is not improving, it may be time to explore longer-term solutions. This could include filing a petition for guardianship over your loved one because they no longer have the capacity to care for themselves, or consulting with a mental health attorney to explore legal options that will ensure your loved one obtains the care and support they need. Being stuck in a continuous cycle of emergency room visits and temporary holds can be incredibly distressing, so if your loved one’s condition is worsening and they have been Baker Acted before, it is important that you obtain legal help to develop a more effective treatment plan.
If Your Loved One Has Been Baker Acted, Urgent Legal Help Is Available
Finding out that a loved one has been Baker Acted can be a shocking experience. As you begin to understand the complex legal and administrative processes that the Act entails, know that you are not alone. The experienced team at Baker Act Attorneys routinely assists families whose loved ones have been subject to wrongful Baker Act holds, and are renowned for their round-the-clock availability and in-depth understanding of the intricacies of Florida’s mental health laws. We will do everything within our power to ensure that your loved one is released as quickly as possible and that their procedural rights are protected.
For exceptional Baker Act legal help, don’t hesitate to contact us today at 855-429-0074.