Learning that your loved one has been detained under Florida’s Baker Act can be incredibly distressing. Although the Baker Act was introduced to facilitate much-needed interventions in cases where people are experiencing severe mental illness, it is often misapplied in circumstances where less invasive interventions would be more appropriate, or when a person’s behavior has been taken out of context. In this scenario, you need to take steps to challenge your loved one’s Baker Act detention as soon as possible to ensure that they are not committed for an extended period. In this article, leading Florida Baker Act attorneys answer the key questions most frequently asked by families navigating a loved one’s Baker Act hold.
What Is A Baker Act Detention?
A Baker Act detention – commonly referred to as a Baker Act hold – is when an individual who is displaying behaviors indicative of a mental health emergency is taken into custody and delivered to a psychiatric treatment facility (called a ‘receiving facility’ in the Act) for examination and stabilization. A Baker Act hold can be initiated by law enforcement, a qualified professional who has examined the person in the preceding 48 hours, or a court, following the filing of a petition for involuntary examination. A Baker Act detention can be challenged in court in the event that a receiving facility refuses to release a person subject to a Baker Act hold.
Baker Act interventions are only intended to be used in extreme cases where a person poses a serious risk of harm to themselves or others if they are not provided with a psychiatric evaluation and treatment. If your loved one’s Baker Act detention seems inappropriate, challenging it as soon as possible is the best course of action you can take to ensure their rights are protected. Unfortunately, Baker Act holds are frequently initiated in cases where a person is experiencing poor mental health but does not meet the criteria for involuntary examination. It is important that families act quickly to prevent the long-term detention of their loved ones when less restrictive treatment options are available.
Families’ Most Frequently Asked Questions When Navigating A Loved One’s Detention
If you have just found out that your loved one is being held at a receiving facility following a Baker Act, your head is likely spinning with questions. It’s important to recognize that this is a distressing time, and that feelings of confusion, stress, and fear are normal. To help make this challenging period just a little bit easier, we’ve set out our answers to families’ most commonly asked questions when dealing with a loved one’s Baker Act hold.
How long can someone be held under the Baker Act?
A person can only be detained for involuntary examination for an initial detention period of of 72 hours. A patient can be lawfully held for an extended period of time, potentially up to 6 months, following the filing of a petition for involuntary placement. This petition must be filed within the 72-hour hold period, so it is crucial that you take steps to challenge your loved one’s Baker Act detention immediately to prevent their long-term confinement.
What are the legal grounds to challenge a Baker Act detention?
There are numerous grounds on which a Baker Act can be challenged. The most common approach to defending against a Baker Act hold is to demonstrate that the person detained did not meet the Act’s criteria. For example, if it can be shown that the person was not experiencing mental impairment to such an extent that they posed a risk of harm to themselves or others, the court may order that they be released from the receiving facility. Similarly, if it can be shown that other forms of treatment would be more appropriate – for instance, treatment at an outpatient facility, or treatment under the Marchman Act – then the court may order your loved one be released for alternative treatment.
What evidence is used to challenge a Baker Act detention?
Any evidence that demonstrates your loved one does not meet the criteria for involuntary examination and/or involuntary placement is relevant to your loved one’s case. Typically, families rely on medical records, sworn witness statements, and expert evidence to demonstrate that their loved one should be released. Your loved one may also choose to address the court directly when your Baker Act attorney agrees that this would be advantageous.
Can I hire an attorney to help challenge a Baker Act detention?
Any person who has been subject to a Baker Act hold is entitled to legal representation, and any person who wishes to challenge a Baker Act detention is entitled to hire a Baker Act attorney to assist them in their case. If your loved one has been subject to an improper Baker Act hold, it is strongly recommended that you contact an experienced Baker Act attorney without delay. They will be able to advise you on your next steps, will liaise with court administrators and receiving facility personnel on your behalf, and will gather evidence and build a strong legal argument to support the case for your loved one’s release.
What rights does my loved one have while being held?
Those held in receiving facilities under the Baker Act enjoy several important procedural and substantive rights. Procedural rights include the right to be informed of one’s rights, the right to an attorney, and the right to communicate with loved ones and legal representatives.
The substantive rights afforded to those detained under the Act include the right to humane and skillful medical treatment delivered by a suitably qualified medical professional, the right to the least restrictive treatment in the circumstances, and the right to access medical records. Your loved one also has the right to vote and the right to retain their personal belongings while in a facility (provided these belongings cannot be used to self-harm).
What if my loved one continues to need help after release?
Many families struggle to support loved ones who are battling mental illness, and navigating your loved one’s release from detention is often only the beginning of a long road towards healing. Your Baker Act attorney will be able to provide you with comprehensive guidance on how best to support your loved one so that future Baker Acts can be avoided. Many attorneys working in the mental health law field have developed strong relationships with reputable treatment facilities, psychologists, psychiatrists and counselors, and will be able to put you in touch with experienced mental health professionals who can give your loved one the treatment they need.
Challenge Your Loved One’s Baker Act Detention With The Help Of An Experienced Attorney
The sooner you take steps to challenge your loved one’s detention under the Baker Act, the more quickly you can ensure that they receive appropriate care and treatment. Hiring a knowledgeable, experienced and compassionate Baker Act attorney to help you navigate the complexities of Florida mental health law is the best thing you can do to support your loved one during this distressing time.
When your loved one has been Baker Acted and you don’t know where to turn, contact Baker Act Attorneys today at 855-429-0074 and we’ll take care of the rest.