Florida’s Baker Act provides a lifeline for those who are experiencing a mental health crisis but don’t have the capacity to access the treatment and care they desperately need. It sets out a process in terms of which a person can be involuntarily hospitalized by the State for stabilizing psychiatric care, and assessed to determine whether longer-term treatment is necessary. This process is referred to as an ‘involuntary hold’ or ‘Baker Act hold’, and since the law’s inception, it has saved countless lives. However, involuntary holds are not always an appropriate intervention, and in some cases the Baker Act is misapplied to people who could be helped with less invasive measures. If your loved one has been unjustifiably subject to an involuntary hold, an involuntary hospitalization attorney should be your first call.
What Qualifies as an Involuntary Hold?
A person may be subject to an involuntary hold for a psychiatric examination if they:
- are experiencing mental and/or emotional impairment to such an extent that they can no longer cope with the demands of daily life or perceive reality; and
- have refused to be admitted for a psychiatric evaluation voluntarily or are unable to determine whether they require such an evaluation; and
- if they are not admitted, are likely to cause serious harm to themselves or others, or are likely to suffer harmful neglect as a result of their inability to care for themselves.
There must be good reason to believe that the above criteria have been met before a person can be subject to an involuntary hold. Generally, an involuntary hold is warranted only in extreme circumstances, such as when a person is threatening to or has attempted self-harm, or is having a psychotic episode. If your loved one has been subject to an involuntary hold and you don’t believe the above criteria have been met, it is essential you contact an experienced involuntary hospitalization attorney as soon as possible.
Reviewing Whether Proper Procedures Were Followed
When you reach out to an attorney, the first thing they will try to ascertain is whether proper procedures were followed in your loved one’s case. In terms of the Baker Act, an involuntary hold can only be initiated by law enforcement, an appropriately qualified medical professional, or a court, following the filing of a petition for involuntary examination.
In each case, the individual initiating the involuntary hold must be certain that the behavior of the person being subject to the hold meets the criteria above. In addition, in the case of holds initiated by medical professionals, certain procedures must first be completed. Specifically, the medical professional authorizing the hold must have examined the individual no more than 48 hours prior, and they must issue a special certificate to initiate the hold.
Identifying Grounds to Challenge the Hold
After consulting with you, your involuntary hospitalization attorney will identify whether you have grounds to challenge the legality of your loved one’s Baker Act hold. The most typical grounds include:
- Misinterpretation of mental health symptoms (i.e. mental impairment not established): often, law enforcement misinterpret a person’s behavior, and mistake an emotional outburst (such as expressions of anger) for mental instability.
- Lack of evidence of risk of harm to self or others: another common ground on which Baker Act holds are set aside is lack of evidence of harm – unless there is clear evidence that a person is likely to imminently harm themselves or others (for example, they have made multiple explicit threats to do so), the Baker Act criteria will not have been established.
- Procedural irregularities: If a medical professional without the necessary psychiatric expertise initiated your loved one’s Baker Act hold, or they did not examine your loved one within the timeframes set out in the Act, the hold can be challenged.
Further, if your loved one’s rights as a patient in terms of the Baker Act have been violated, this can also be used as a basis to challenge their hold. Your loved one has the right to access legal advice, and to make contact with family. Most importantly, your loved one has the right to be examined by a psychiatrist or similarly qualified professional as soon as possible after their hold has been initiated, and in any event within 72 hours. As soon as the evaluation has concluded, they must be released, unless the facility has petitioned for their continued confinement and treatment or a Voluntary Admission Agreement is signed by the patient.
The Role of an Involuntary Hospitalization Attorney in Building a Case
Your attorney will play a central role in challenging your loved one’s involuntary hold, and you will be heavily reliant on their legal and practical expertise. For this reason, it is essential you contact an involuntary hospitalization attorney with a stellar track record of successfully challenging unlawful Baker Acts.
Gathering expert evidence
A critical step in building the case to secure your loved one’s release involves gathering medical evidence that demonstrates that their continued confinement is unjustified. This may involve submitting previous medical records, witness statements attesting to the stability of your loved one’s mental state, and soliciting independent psychiatric reports. Your attorney will gather and prepare this evidence, ensuring that there is a strong basis for alleging that your loved one’s condition does not meet the Baker Act criteria.
Liaising with treatment facility representatives and court officials
All litigation – regardless of the subject matter – is incredibly administratively intensive. Your attorney will play a vital role in managing correspondence with court officials, facility personnel, experts providing evidence, and the treatment facility’s legal representatives. They will also negotiate with the facility and its representatives in an attempt to secure your loved one’s release without having to go to court.
Filing motions and requesting hearings
To the extent that legal action is necessary, your involuntary hospitalization attorney will play a pivotal role in driving the case forward. They will file emergency motions demanding your loved one’s release if they have not been examined within the 72-hour timeframe, or may initiate writ of habeas corpus proceedings, in terms of which the facility is called to appear in court to justify your loved one’s continued confinement. They will liaise with the court clerks to secure an urgent hearing date, and will ensure all legal documents are filed on time.
Hearing and outcome
On the hearing date, your attorney will lead evidence and present the court with persuasive legal argument motivating your loved one’s release. They will draw on the Baker Act and previous case law to demonstrate why your loved one’s continued confinement is unlawful, and answer any legal or evidential questions the court has concerning your loved one’s case.
After the hearing, the court will either order that your loved one will be immediately released, will agree with the facility that their continued treatment is necessary, or will order your loved one’s release on the condition that they obtain outpatient treatment. In some cases, a court-ordered treatment plan is prescribed.
Steps Families Can Take to Support the Process
Navigating a loved one’s involuntary Baker Act hold can be a very trying time, and you are likely feeling helpless and distressed. Thankfully, families can play an incredibly important role throughout Baker Act proceedings. Here are just a few steps you can take to support your loved one and their case:
- Document all interactions with law enforcement, treatment facility personnel, and anyone else who has been involved in your loved one’s involuntary hold.
- Play an active role in discussions concerning your loved one’s future treatment, and consider agreeing to an outpatient treatment plan with the facility.
- Prepare to support your loved one after they’ve been released by helping them to access appropriate follow-up care, therapy and medication as necessary.
- Ensure your loved one feels supported and loved, rather than stigmatized or burdensome.
Providing your loved one with emotional and practical support during this challenging time and ensuring they get the treatment they need will reduce the risk of future involuntary holds. If you’re not sure where to turn for additional support, your attorney will be able to put you in touch with a range of reputable mental health professionals.
Experienced Involuntary Hospitalization Attorneys Are Here to Help Your Family
With an experienced involuntary hospitalization attorney taking care of your loved one’s case, you will have more time and energy to focus on supporting your loved one, and peace of mind that their best interests are being taken care of.
At Baker Act Attorneys, we have represented countless Florida families in involuntary hold proceedings, and have a wealth of experience in Baker Act litigation. Our attorneys will work around the clock to ensure your loved one is released as soon as possible, and will advocate for their rights every step of the way.
Contact us at 855-429-0074 to arrange an initial consultation or request emergency legal assistance, and we’ll take care of the rest.