Legal Guidance From An Experienced St Petersburg Baker Act Attorney

Florida’s Baker Act is a vital legal tool for protecting and supporting people experiencing a mental health crisis. When a person is threatening to harm themselves or others due to severe mental illness, there is no question that taking them into custody and transporting them to a treatment facility can be a life-saving intervention.

However, in some cases, the Baker Act is used to detain people when there are insufficient grounds for doing so. Being confined against one’s will, even for a few days, can cause lasting trauma and can be incredibly distressing for people who are struggling with their mental health but who do not meet the Baker Act’s criteria.

If your loved one has been subject to a Baker Act hold in St Petersburg, the team at Baker Act Attorneys is here to assist. With decades of experience in defending the rights of those who have been Baker Acted, our lawyers will bring their deep strategic and legal expertise to bear on your loved one’s case, ensuring they are released as soon as possible.

What Is The Baker Act?

The Baker Act is a Florida statute that sets out a legal process in which a person exhibiting certain behaviors indicative of a mental health emergency can be taken to a facility for an involuntary examination by a psychiatrist (or other appropriately qualified person). This process is commonly referred to as a ‘Baker Act hold’.

If a person is having a psychotic episode or is threatening self-harm, the Baker Act’s provisions can be used to get them assessed and stabilized . A Baker Act hold is ideally used as a short-term intervention for a person in crisis. However, many people are held in facilities against their will for longer than is medically necessary, and some Baker Act holds are never legally justified to begin with. For this reason, it is essential that you hire a reputable St Petersburg Baker Act attorney immediately if you or a loved one has been Baker Acted.

Three Routes By Which A Baker Act Hold May Be Initiated

In terms of the Act, only a very limited group of people has the legal authority to initiate Baker Act holds. Involuntary examination under the Baker Act can be initiated by:

• A law enforcement officer;
• An appropriately qualified medical professional who has examined the person within the preceding 48 hours; or
• A judge, who has granted a petition for involuntary examination brought by a family member, friend or other concerned person.

In all three cases, the person initiating the Baker Act hold must be satisfied that the Act’s strict criteria for involuntary examination have been met. In the case of a law enforcement officer or medical professional, they must have witnessed firsthand the behavior that indicates someone has met the criteria for a Baker Act hold. In the case of a judge hearing a petition for involuntary examination, sufficient evidence that demonstrates the criteria have been met must have accompanied the petition.

Criteria For Involuntary Examination

A Baker Act hold is a serious legal intervention that deprives someone of their personal liberty in order to protect them from harm. For this reason, a Baker Act hold can only be initiated in very specific circumstances, when a person meets the following criteria:

1. They are experiencing significant psychological impairment as a result of mental illness, and because of this impairment, they are unable to cope with the demands of daily living, or are unable to comprehend reality; and
2. They have refused to undergo a voluntary psychiatric evaluation, or are unable to recognize that they require such an evaluation; and
3. Without treatment, there is a real risk that the person will experience neglect to such an extent that they will suffer significant harm; alternatively, without treatment, there is a real and present risk that they will cause serious harm to themselves or others.

Once it has been determined that a person meets these criteria and a Baker Act hold is initiated, they will be taken into custody by law enforcement and transported to the nearest receiving facility for an involuntary examination. This examination must take place as soon as possible after their arrival, and must be carried out by a psychiatrist, physician, clinical psychologist, or other appropriately qualified mental health professional.

Common Cases Of Baker Acts In St Petersburg

Although in many cases the Baker Act is used for its intended purpose – protecting and treating people experiencing a mental health emergency – it is unfortunately also common for it to be misused. The team at Baker Act Attorneys routinely assists families in St Petersburg and across Florida whose loved ones have been Baker Acted. We frequently deal with cases in which law enforcement officers have taken an individual’s irregular behavior out of context – for example, an elderly person with Alzheimer’s or a child with autism spectrum disorder – and carried out a Baker Act hold.

We have also assisted people who have been Baker Acted by hospital staff after refusing medical treatment, even though they had no existing mental health issues. If your loved one finds themselves in a similar situation, our St Petersburg Baker Act attorneys are your first port of call. Even in circumstances where your loved one’s Baker Act may have been justified, it is important that you obtain legal guidance as soon as possible. Unscrupulous facilities have a tendency of holding patients for longer than 72 hours to charge thousands in medical bills, and may even attempt to file a petition for involuntary placement without notifying you.

How Can A Baker Act Attorney Help Challenge My Loved One’s Involuntary Baker Act?

Finding out that a family member has been Baker Acted can leave you feeling helpless. However, with the right legal support behind you, you will be anything but: there a several different steps that you can take to challenge your loved one’s Baker Act hold. As your representatives, we will exhaust all legal options available to ensure that your loved one’s rights are protected and that you are reunited with them as soon as possible.

Demanding the release of your loved one

Families of people who have been Baker Acted often find that the receiving facility their loved one is being held at is, at best, not very communicative, and at worst, entirely uncooperative. However, once you have appointed legal representatives to manage your communications with facility personnel, you can expect a different outcome. We will demand the immediate release of your loved one from the facility, and threaten legal action if necessary. This alone may be sufficient to secure your loved one’s release, especially if the facility has little appetite for litigation.

Filing a writ of habeas corpus

If the facility refuses to release your loved one, our next step will be to file a writ of habeas corpus. This petition will challenge the facility to provide a lawful justification for the continued detention of your loved one. If the receiving facility’s personnel are unable to satisfy the court that they have good reason for continuing to hold your loved one, the court will likely order that they be released immediately.

Challenging the petition for involuntary placement

In some cases, family members only find out that their loved one has been Baker Acted once a petition for involuntary placement has already been filed. In this scenario, we will represent your loved one at the placement hearing, and will argue that their continued involuntary detention is inappropriate. To persuade the court of our position, we will present relevant evidence, including medical records and witness statements, and will show that that your loved one would be better served by an outpatient treatment program (if necessary).

St Petersburg Baker Act Attorneys Are Ready To Fight For Your Loved One’s Release

At Baker Act Attorneys, we pride ourselves on our reputation for providing outstanding round-the-clock legal support to families seeking to challenge a loved one’s Baker Act. Our deep expertise in Florida mental health law, our compassionate client support, and our passion for fighting for the rights of the vulnerable are just a few of the reasons why so many families across Florida have turned to us in their hour of need.

For an emergency consultation with leading St Petersburg Baker Act attorneys, give us a call today at 855-429-0074.