Florida’s Baker Act plays a crucial role in facilitating the emergency stabilization and treatment of those experiencing a mental health crisis. Although the Baker Act is most commonly used to initiate mental health care for adults, its provisions can also be applied to minors. In fact, in recent years, approximately a fifth of all Baker Acts in Florida involved children. Many parents are unaware that the Baker Act could be used to detain their child, and are ill-equipped to respond to this scenario. In this article, we draw on the expertise of our experienced Baker Act lawyers to outline the steps you need to take if your child has been Baker Acted.
How Does The Baker Act Work?
The Baker Act was passed into law in 1971 to provide a legal mechanism for initiating the temporary involuntary detention and psychiatric assessment of individuals experiencing a mental health emergency. This process is often referred to as a ‘Baker Act hold’ or simply a ‘Baker Act’. A Baker Act hold can be initiated by law enforcement, by a medical professional, or by a court, following a petition for involuntary examination brought by a parent, relative or other interested party. It is a serious limitation of an individual’s personal freedoms and can only be initiated in instances of severe mental illness. Before a person can be Baker Acted, the officer, doctor or judge initiating the Baker Act hold must hold a reasonable belief that the person:
- Is experiencing mental or emotional impairment to such a degree that it is interfering with their perception of reality and ability to cope with the demands of daily life; and
- Consequently, they lack the capacity to determine for themselves if they require a psychiatric examination, or they have outright refused such examination; and
- If they are not subject to a Baker Act hold, there is a real and present risk that they 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.
If your child has been Baker Acted, a lawyer can help you to investigate the circumstances of your child’s detention and determine whether the above criteria were indeed met. It is not uncommon for law enforcement officials in particular to misapply the above criteria, leading to unnecessary Baker Acts that can be very traumatizing for children.
What Happens When A Child Is Baker Acted?
In Florida, thousands of children are subject to Baker Act holds each year, usually because schools tend to call law enforcement when a child is experiencing behavioral issues. Sadly, many schools are not equipped with the resources to support children with special needs, and they end up initiating a Baker Act hold in circumstances where less invasive interventions would be more appropriate.
Once a person has been subject to a Baker Act hold, they will be taken to a special facility (called a receiving facility) for an involuntary examination by a mental health specialist, such as a psychiatrist, clinical psychologist, or physician with mental health expertise. Whereas an adult must be assessed in the first 72 hours, a minor must be assessed with the first 12 hours, and they must be examined and released as soon as possible. Unfortunately, many facilities do not follow the correct procedures for minors. For this reason it is imperative that you contact an experienced lawyer as soon as you learn of your child’s Baker Act.
What Steps Should I Take If My Child Has Been Baker Acted?
Receiving the news that your child has been Baker Acted can be incredibly distressing. Although it may be difficult to do so, it is essential that you remain calm so that you can act quickly and effectively: when a child has been Baker Acted, time is of the essence. The longer they remain in a receiving facility, the greater their risk of experiencing emotional trauma and, in the worst-case scenario, being held for extended involuntary treatment. The steps below are a good starting point if you have just found out that your child has been Baker Acted.
1. Locate your child
First, it is of the utmost importance that you locate your child as soon as possible. Making contact with them will immediately put them at ease, and will also signal to the receiving facility that you intend to enforce your right as a parent to be involved in your child’s evaluation and treatment. Try to gather as much information as possible about the circumstances of your child’s Baker Act (this will also assist your lawyer), and establish a line of communication with the facility personnel responsible for your child’s evaluation.
2. Understand your rights
You can’t enforce your rights as a parent if you don’t have a basic understanding of what they entitle you to. Familiarize yourself with your rights under the Baker Act, which include the right to immediately be informed of your child’s Baker Act hold and to be kept updated on their condition, the right to be involved in your child’s psychiatric evaluation, and the right to participate in the development of your child’s treatment plan.
3. Contact a reputable attorney
Consulting with a lawyer after your child has been Baker Acted is essential. They will explain your and your child’s rights under the Baker Act to you in detail, and will help you to ascertain if due process has been followed in your child’s case. They will also communicate with the receiving facility on your behalf, which can be very helpful in circumstances where a receiving facility is ignoring or refusing your requests to be involved in your child’s examination and treatment.
4. Participate in your child’s evaluation
As a parents, you are entitled to be involved in your child’s psychiatric examination. In most cases, your written consent is required before your child can be examined and treated under the Baker Act. You also have the right to access your child’s medical records, and to participate in any decisions concerning your child’s further treatment. Being involved in your child’s examination will also bring enormous comfort to your child during what is likely to be a very overwhelming experience for them.
5. Challenge your child’s continued detention in court
In some cases, receiving facilities attempt to hold children for long-term treatment by urgently seeking what is known as a petition for involuntary placement. This is a petition that may be brought by facility personnel after a child has been examined, in circumstances where they believe extended detention and mental health treatment is necessary.
This is a drastic intervention that is not justified in most cases, yet it is common for unscrupulous facilities to seek involuntary placement so that they can charge exorbitant fees. Having a reputable lawyer in your corner from the inception of your child’s Baker Act process will greatly reduce the likelihood of this scenario. And, in the event that the facility does file a petition for your child’s long-term treatment, your lawyer will help you to challenge your child’s continued Baker Act hold in court.
6. Develop a treatment plan
Whatever the circumstances that precipitated your child’s Baker Act, it is crucial that you address them so that this distressing series of events is not repeated. Where possible, co-operate with receiving facility personnel to develop a treatment plan for your child, or seek independent support from a child psychologist or other appropriately qualified medical professional. There are many outpatient treatment programs and support groups that are specifically designed to assist minors with mental health challenges.
Compassionate Lawyers Are Here To Help Challenge Your Child’s Baker Act
At Baker Act Attorneys, we know that your child’s well-being is your highest priority. Finding out that your child has been Baker Acted is a highly stressful experience, but with our exceptional legal team supporting you, you will be much better positioned to navigate these distressing circumstances effectively and provide emotional support to your child.
Once we have consulted with you and helped you to locate your child, we will do everything in our power to ensure that your child’s rights are protected and that they are released from the receiving facility into your care as soon as possible.
For leading Baker Act lawyers who are ready to assist you and your child at any time of day or night, contact us today at 855-429-0074.