Tampa Baker Act Attorney Advocating For Your Rights

Florida’s Baker Act allows a person who is experiencing a mental health emergency to be taken into custody for involuntary psychiatric assessment and treatment. Although the Baker Act plays a critical role in ensuring that those struggling with mental illness get the help they need when they are unable to access it themselves, it is not uncommon for the Act to be used improperly, in circumstances where less restrictive treatment options are suitable.

If someone you love has been subject to a Baker Act hold in Tampa, the experienced team at Baker Act Attorneys is ready to assist you. Our highly knowledgeable lawyers understand the complexities of trying to help a family member experiencing acute mental illness, and will ensure that you receive exceptional legal support as you challenge your loved one’s wrongful Baker Act hold and seek to provide them with a more appropriate treatment arrangement.

Our dedicated team of Baker Act attorneys has spent their professional lives advocating for the rights of those who have been caught in the dragnet of Florida’s Baker Act, and would be privileged to do the same for your family.

What Is The Baker Act?

The Baker Act – also known as the Florida Mental Health Act – is a statute that was passed by the Florida legislature in 1971 to provide a legal framework for intervening in cases where a person is experiencing severe mental illness. In terms of the Act, a person who meets certain criteria may be taken into custody and placed in a facility (called a ‘receiving facility’ in the Act) for a psychiatric evaluation. A person who has been Baker Acted may only be held in a receiving facility for up to 72 hours while they are being assessed, whereafter they must either be released without conditions, released, agree to remain on a voluntary admission basis, or held for longer term stabilization.

A facility can only hold someone for extended treatment following a successful ‘petition for involuntary placement’. This petition must be brought by a representative of the facility within the 72-hour hold period, and must be accompanied by clear and convincing evidence that the person being held requires long-term psychiatric treatment. If your loved one has been Baker Acted or has been served with a petition for involuntary placement, it is imperative that you contact a reputable Tampa Baker Act attorney as soon as possible.

Who Can Carry Out An Involuntary Baker Act Hold?

There are only three categories of persons who are legally empowered to initiate a Baker Act hold, and they are only entitled to do so once they have determined that the criteria for involuntary examination have been met. A Baker Act hold can be initiated by:

1. A law enforcement officer who witnesses a person behaving in a way that meets the criteria for involuntary examination; or
2. A medical professional who has examined a person within the past 48 hours and determines that the criteria for involuntary examination have been met; or
3. A court, following a successful petition for involuntary examination brought by a family member or concerned individual.

Once a Baker Act hold has been initiated, the person who is the subject of the hold will be taken into custody by law enforcement and delivered to the nearest receiving facility. Once there, they must be examined by an appropriately qualified medical professional (such as a psychiatrist, physician, or clinical psychologist) as soon as possible. If your loved one has been taken to a receiving facility in Tampa, you should immediately contact Baker Act Attorneys to start the process of securing their release.

Criteria For Involuntary Evaluation

A person can only be subject to a Baker Act hold if there is good reason to believe that they are experiencing mental or emotional impairment due to severe mental illness, and because of this impairment:

1. They can no longer cope with the demands of daily life, or can no longer comprehend reality; and
2. They are unable to assess for themselves whether they require a psychiatric examination, or have refused such examination entirely; and
3. If they are not given treatment, there is a real and imminent risk that they will suffer harmful neglect, and this risk cannot be mitigated with the support of family, or there is a real and imminent risk that without treatment they will attempt to harm themselves or others.

Although these criteria set a high bar that must be met before an involuntary examination can be initiated, they are frequently misapplied. If your loved one has been improperly Baker Acted in Tampa, the team at Baker Act Attorneys is on standby to explain your legal options.

Common Cases Of Wrongful Baker Acts In Tampa

The Baker Act’s criteria make clear that a Baker Act hold should only be initiated when a person is experiencing a mental health emergency, for example, they are threatening to harm themselves or they are experiencing psychosis. When the Baker Act is used in these sorts of circumstances, it can be a life-saving intervention. However, it is sadly not uncommon for individuals to be wrongfully Baker Acted, resulting in a traumatic experience that is likely to do more harm than good. For example, the lawyers at Baker Act Attorneys often deal with cases in which Tampa law enforcement officers have misapplied the Act’s criteria and taken a person into custody without a legal basis for doing so. Our team has also had to step in when ER staff initiate a Baker Act hold because a person has refused medical treatment (as is one’s right to do).

Even when the initial Baker Act hold may have been lawful, there is the risk that the person subject to the hold will be held for longer than 72 hours without legal basis. This risk is heightened in circumstances where a person with health insurance is placed in an unscrupulous receiving facility for treatment. Unscrupulous facilities are likely to attempt to hold individuals for treatment longer than is necessary so that they can charge thousands of dollars in medical bills.

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

Finding out that a loved one has been Baker Acted is a frightening experience. In these circumstances, you need a legal team that will pull out all the stops to ensure your loved one is quickly released. Baker Act Attorneys has helped countless Tampa families to navigate the process of challenging a wrongful Baker Act hold, and are on standby to do the same for you.

Demanding the release of your loved one

Following a detailed confidential consultation with you about your loved one’s circumstances, we will develop a legal strategy to ensure that you are reunited as soon as possible. We will begin by demanding that the receiving facility immediately release your loved one, and will threaten legal action should they refuse to do so. In some cases, this will be sufficient to lift your loved one’s Baker Act hold, as treatment facilities tend to avoid litigation where possible. Simply hiring legal representation will signal to the treatment facility that you are serious about challenging your loved one’s wrongful Baker Act.

Filing a writ of habeas corpus

In cases where your loved one has been held for longer than 72 hours but a petition for involuntary placement has not yet been filed with a Tampa court, our skilled Baker Act attorneys will prepare a petition known as a ‘writ of habeas corpus’. We will challenge the facility’s legal right to continue to hold your loved one, and will seek to demonstrate that they lack a legal basis for doing so.

Challenging the petition for involuntary placement

If you have been notified that the receiving facility intends to file a petition for involuntary placement, we will meticulously prepare opposing papers that clearly demonstrate why the petition should be denied. To support the petition, we will build a strong body of evidence, including medical records and witness statements, to show why it would be more appropriate for your loved one to be released into the care of family, and where necessary, enrolled into an outpatient treatment program.

Leading Tampa Baker Act Attorneys Are Ready To Fight For Your Loved One’s Release

At Baker Act Attorneys, we blend skill, compassion, and exceptional client service to provide Tampa families with invaluable legal support as they navigate the distressing experience of challenging a loved one’s wrongful Baker Act hold.

Our renowned Baker Act attorney, Mark Astor, is available round-the-clock to take care of every aspect of the process required to secure your loved one’s release, so that you can focus on supporting them through this challenging time. With years of experience under his belt and an impressive track record of success, Mark is the only attorney you’ll want in your corner when you need to challenge a wrongful Baker Act hold – give us a call at 855-429-0074 to arrange an emergency consultation.