When your child is in mental distress, you want to do everything within your power to help them. However, navigating a loved one’s mental health emergency is rarely straightforward, and this complexity only compounds in the case of children. In these circumstances, the best thing you can do to protect your child’s well-being is to consult with an experienced Baker Act attorney. Whether your child has already been subject to a Baker Act hold and you need urgent legal assistance, or you are concerned that your child is at risk of being Baker Acted in the near future, obtaining the support of a reputable Baker Act attorney is essential. They will provide you with comprehensive legal guidance to ensure that your child’s best interests are protected at all times and that a prolonged Baker Act detention is avoided.
How Is The Baker Act Used In Mental Health Emergencies?
The Baker Act is a Florida statute that regulates the provision of emergency mental health treatment to citizens. Its key provision sets out the process in terms of which a person may be involuntarily detained and taken to a facility for stabilization and an involuntary psychiatric assessment. This process is commonly referred to as a ‘Baker Act hold’. The purpose of a Baker Act hold is to ensure that people who are experiencing a mental health crisis benefit from a timely intervention that protects them from harming themselves or others and ensures that they are able to access appropriate psychiatric treatment and mental health support.
However, although Baker Act holds can be life-saving interventions, they are drastic measures that should only be used as a final resort. Unfortunately, many Baker Act holds are initiated when less restrictive interventions would be more appropriate. This can have traumatic consequences for the individual concerned, especially if they are a minor. For this reason, it is essential you contact a Baker Act attorney if your child is experiencing a mental health emergency.
How Do Baker Act Holds Apply To Children?
Many of the Baker Act provisions that apply to adults apply equally to children. A child can be subject to a Baker Act hold at the instance of a law enforcement officer; a medical professional; or a court, following a petition for involuntary examination brought by a parent, guardian or other interested party. However, a law enforcement officer, doctor or judge may only initiate a Baker Act hold if they have good reason to believe that:
- The child concerned is experiencing mental or emotional impairment to such a degree that they can no longer perceive reality or are unable to cope with daily life; and
- As a result, the child is unable to appreciate that they require a psychiatric evaluation, or they have outright refused such an examination; and
- If no intervention takes place, there is a real, imminent risk that the child will attempt to harm themselves or others; or they are likely to suffer harmful neglect, the risk of which cannot be mitigated with the care of family.
These are strict criteria, and it is clear that only in cases where children are experiencing significant mental distress will a Baker Act intervention be appropriate.
What Will Happen If My Child Is Baker Acted?
The process of involuntary assessment applies differently to minors. In the case of both minors and adults, as soon as a Baker Act hold has been initiated, they will be taken into custody by law enforcement and transported to a licensed treatment facility, called a ‘receiving facility’ in the Act. Once they have been moved to the facility, they must be examined by an appropriately qualified mental health professional as soon as possible. However, in the case of minors, this assessment must take place in a extremely short timeframe: within 12 hours of their arrival. In the case of adults, this timeframe is 72 hours. There are also special procedures set out in the Act to regulate the treatment of minors in facilities and ensure their well-being and safety.
Once the assessment has been concluded, the facility must either immediately release the child or petition the court to grant an order for their long-term treatment. Unfortunately, these procedures are often ignored, and it is not uncommon for minors to be detained for longer than 12 hours. For this reason, it is essential to contact a Baker Act attorney immediately if you learn your child has been Baker Acted.
Why Do I Need To Hire An Attorney For My Baker Acted Child?
It is crucial to obtain reliable legal support in the event your child is experiencing a mental health crisis that may lead to a Baker Act detention. There are many reasons why such legal support is indispensable, but we have highlighted just a few below.
1. Preventing Baker Act holds
If you are worried your child is likely to be Baker Acted, it is essential to make contact with a reputable Baker Act attorney immediately. Your attorney will be able to guide you on your legal options and, where appropriate, help you facilitate a voluntary Baker Act process that ensures your child benefits from mental health treatment on an outpatient basis so that they can remain in your care. Baker Act detentions can be very traumatic for children, so it is always better to be proactive and get your child the help they need as soon as possible, so that a drastic intervention of this nature can be avoided.
2. Immediate action to secure your child’s release
If you have just learned that your child has been subject to a Baker Act hold, you are likely to be feeling very overwhelmed and distressed. In these circumstances, you need a legal advisor on hand who can spring into action immediately to start working to secure your child’s release. A reputable attorney will be intimately familiar with the complex legal and administrative processes set out in the Baker Act, and will have had many years’ experience negotiating with treatment facility personnel. They will have extensive knowledge of your child’s rights in the Baker Act process, and will act immediately if it is clear that the facility is acting unlawfully in detaining your child.
3. Representing your child’s case in court
If you have attempted to secure your child’s release yourself to no avail, it is imperative that you hire a Baker Act attorney to defend your child’s Baker Act as soon as possible. The longer your child is held for, the greater the risk that the facility will file a petition for their long-term treatment. In most cases, this measure will be inappropriate, and it is usually far better for children’s long-term well-being if they remain in the care of their parents while benefiting from outpatient treatment. Your attorney will strategically use the legal tools at their disposal to challenge your child’s detention and ensure their release. This may include filing an urgent habeas corpus petition, or opposing the facility’s petition for the long-term involuntary placement of your child.
4. Advising on your rights as a parent
If you’ve never encountered the Baker Act and its processes before, you’re unlikely to be aware of the special rights that it grants to parents of children who are in Baker Act custody. Hiring an attorney for your Baker Acted child is the best way to ensure that you are fully apprised of your rights: your attorney will help you to exercise them at each relevant stage of the process, from being notified of your child’s whereabouts, to having contact with them while they are in custody, to being involved in their psychiatric assessment and having input on their treatment.
5. Invaluable support during a harrowing experience
There are many practical reasons to hire a Baker Act attorney when your child is experiencing a mental health emergency. However, many parents find that the real benefit of appointing a trustworthy attorney is that they gain access to an invaluable sounding board and source of moral support during an incredibly distressing time in their lives. Your attorney will help you to make sense of the process, address your questions and concerns, and give you the confidence that, whatever decision you make, you are acting in your child’s best interests.
Leading Florida Baker Act Attorneys Are Here To Help Your Child
Hiring an experienced Baker Act attorney should be the very first thing you do once your child has been Baker Acted. With their guidance, you can focus on giving your child much-needed support, knowing that the legal and procedural details of negotiating your child’s release are being taken care of.
At Baker Act Attorneys, we routinely provide legal advice and representation to Florida parents, helping them to navigate what can be an incredibly stressful experience. Our renowned Baker Act attorneys are available round-the-clock to assist you, and will immediately begin working to reunite you with your child once we receive your call.
For compassionate, reliable legal support during your family’s hour of need, contact us at 855-429-0074.