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I’m the legal guardian but the Baker facility still won’t release my child.

Hello, everyone! Welcome to another edition of our video newsletter.

In this video, I want to talk to you about the baker act and the concept of being a legal guardian.

I had a mother called me whose fourteen-year-old daughter had been baker-acted. She told me why she couldn’t just go in there and take her child out of the facility if she’s the legal guardian. Your rights as guardian to make decisions for your child were suspended for a day or even up to 6 months. It doesn’t change unless one of two things happens: either the facility allows your child to leave or a judge orders them to be released.

When your loved one is taken to a Baker Act facility, that facility is authorized by chapter 394, the baker act statute, to act as an agent of the State of Florida. So, the state has care, custody, and control of your loved one, even if it’s a minor. They have the authority and the power to make decisions for your loved ones. If you don’t want them to have that power, you need to go to court and get a judge to order them to recognize you as the decision-maker. Go to court if you want to enforce your rights as a parent. You cannot rely on the facility to give your child back to you.

If you have any more questions, feel free to reach out to us. If you go to the website, you can email me any questions. I love the questions you have sent us, and I’m happy to answer them.

Take care and be safe.

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