Navigating Florida’s mental health laws can be a complex exercise, even for those with years of experience in the field. The Baker Act is only one part of this legal framework, but it is the most frequently misapplied and misunderstood. At Baker Act Attorneys, we recognize that knowledge is power – that’s why we’ve compiled a high-level overview of the legal process behind involuntary Baker Act detention and examination. Whether you are considering Baker Acting a loved one or have been the victim of a wrongful Baker Act admission, it is critical that you understand the processes and implications of the Act.
Baker Act: The Basics
The Baker Act was passed in 1971 with the intention of replacing Florida’s centuries-old mental health laws and ensuring the protection of mentally ill people’s freedoms. The Act deals with various aspects of Florida’s mental health services, including voluntary admissions, involuntary examination, and involuntary placement in psychiatric hospitals and institutions (called ‘receiving facilities’ in the Act). Most Floridians will be familiar with the notion of ‘Baker Acting’ someone – this refers to the involuntary examination process, which is the most frequently invoked section of the Act. Every year, thousands of involuntary Baker Act admissions occur in Florida, and while some of them are much-needed interventions for the person concerned, others are clearly unnecessary and result in wrongful detention.
Involuntary Examination
The involuntary Baker Act examination criteria are set out in section 394.463 of the Florida statutes. This is the section that regulates the detention and involuntary psychiatric evaluation of a person at a receiving facility. This section also requires that the individual being examined first receive emergency medical care when necessary. The purpose of the examination is to determine whether the person requires further treatment, whether through involuntary placement in a mental health facility for a number of months or through an outpatient treatment program.
A person can only be held in a facility for an initial involuntary examination for a maximum of 72 hours. In that time, they must be examined by a physician who has specialized in mental health care, or a clinical psychologist. After assessment, the person must either be released, placed in a treatment facility by consent, or placed in a treatment facility involuntarily, following the filing of a petition to the circuit court for involuntary placement. Strict criteria must be met for the court to grant a facility’s petition for involuntary placement.
The Legal Process For Involuntary Baker Act Examination
Before we set out the legal process for involuntary Baker Act examinations, it’s important to understand the kinds of cases that the Baker Act should not be used for. If a person has a developmental disability, is intoxicated, or is experiencing a mental health crisis primarily due to a substance abuse disorder, then they should not be involuntarily examined under the Baker Act. Often, families with loved ones who are struggling with addiction attempt to use the Baker Act to get them the help they need, when in fact they should be using the Marchman Act process.
Criteria for involuntary examination
Bearing the exclusions above in mind, a person can only be involuntarily Baker Acted if they meet the following three criteria:
- There is good reason to believe that the person is experiencing mental and/or emotional impairment to such a degree that they are unable to control their actions or perceive reality, and this impairment significantly hinders their ability to meet the demands of day-to-day life;
- Because of this mental and/or emotional impairment, the person is unable to determine whether they require a psychiatric examination, or they have outright refused a psychiatric examination; and
- Without intervention and treatment, the person is likely to suffer from neglect to such an extent that they are at risk of substantial harm, or there is a real risk that without treatment the person will cause serious harm to themselves or others.
There must be clear evidence that each of these criteria have been met before a person can be taken into custody.
Petition to court
The Act sets out three ways in which the involuntary examination process may be initiated. The first is through filing a Petition for Involuntary Examination. A concerned person may complete an affidavit (i.e. a sworn statement of fact) that sets out why a person meets the three criteria for involuntary Baker Act examination. The person completing the affidavit must be able to swear that they have personally witnessed the mentally ill person causing harm to themselves or others.
A judge of the circuit court will then review this written evidence, which may include medical records, witness statements, and other relevant documentation, and decide whether the criteria have been met. If the judge decides they have been met, then they will grant an ex parte order for involuntary examination and require law enforcement to take the person concerned into custody and deliver them to the nearest receiving facility. An ex parte order is an order that is granted without notice to the party who will be affected by the order.
Intervention by law enforcement
The second way a person can be Baker Acted does not involve court oversight, but rather consists of a law enforcement officer exercising their discretion to decide involuntary examination is required. If a law enforcement officer encounters a person who meets the criteria for involuntary examination, they may take the person into custody and deliver them to the nearest receiving facility. Many wrongful Baker Act cases involve law enforcement officers who have improperly, and without justification, exercised their powers to detain someone in terms of the Baker Act.
Intervention by a qualified mental health professional
The third way a person can be Baker Acted is through the intervention of a qualified mental health care professional. A physician, psychiatrist, clinical psychologist, or other appropriately qualified medical professional, who has examined an individual who they believe meets the above criteria, may issue a certificate to this effect, thereby initiating involuntary detention and examination. They must obtain the assistance of law enforcement to move the person concerned to the nearest treatment facility.
Detention and transportation by law enforcement
If a petition has been successfully obtained, law enforcement may serve and execute the ex parte order at any time of day or night, on any day of the week, using such reasonable force as is necessary to gain entry and take custody of the person. They must then transport the person to the nearest receiving facility (unless the person is experiencing an emergency medical condition, in which case they must first be transported to hospital for treatment). The facility must accept persons brought to it by law enforcement in terms of the Baker Act.
The Legal Process For Challenging A Wrongful Baker Act
Involuntary Baker Act admission can be a life-saving intervention for those suffering from an acute mental crisis. However, the Act is sometimes used inappropriately to detain a person who does not meet the criteria for involuntary examination. For example, a person who accidentally took too much pain medication might be held for involuntary examination by the hospital they attended due to a suspected overdose. Whatever the nature of the misunderstanding, wrongful Baker Act cases can be very traumatizing for the persons involved. If you or a loved one has been wrongfully Baker Acted, you need to take action as soon as possible.
Your first port of call is to contact a reputable Baker Act attorney, who can advise you on your legal options. One common approach is to have your attorney file a petition for the immediate release of your loved one or petition for a writ of habeas corpus. A writ of habeas corpus requires that a person in custody be brought before a judge so that they have an opportunity to challenge their detention.
Ultimately, your priority should be to ensure that the receiving facility does not petition the court to grant an order for involuntary placement – if this occurs, the facility could hold your loved one for up to six months, and make important clinical decisions on their behalf.
Once your loved one has been involuntarily detained for examination under the Act, you need to petition for their release before the facility applies for involuntary placement. Alternatively, if they have already filed such a petition, you’ll need a Baker Act attorney to represent you at the placement hearing. They will challenge the State’s evidence, showing why the involuntary Baker Act admission was unlawful, and why the criteria for long-term involuntary placement have not been met.
Florida’s Leading Baker Act Attorneys Are Ready To Assist You
At Baker Act Attorneys, we know from firsthand experience with hundreds of clients just how important it is to act quickly if a loved one has been wrongfully Baker Acted. Navigating complicated circuit court procedures and complex mental health laws regulating involuntary Baker Act examinations is no small task, and you need a highly qualified attorney by your side.
Our strategic insight, legal acumen, and compassionate client care make us the leading Baker Act firm in Florida. If you or a loved one have been wrongfully Baker Acted, contact us today at 855-429-0074 – we’re always ready to fight for your rights.