If your loved one has been subject to a Baker Act hold, securing their release will be your first priority. However, Florida’s Baker Act is complex, and you may find trying to make sense of the legislation and its processes overwhelming. If you want to understand the substantive and procedural grounds on which a Baker Act hold can be challenged, an experienced Baker Act defense attorney should be your first port of call.
What Is An Involuntary Baker Act Hold?
A person who is showing signs of experiencing a psychiatric emergency can be taken into custody by law enforcement and delivered to a psychiatric facility for stabilization and a mental health evaluation. This process is colloquially referred to as a ‘Baker Act hold’, and it is intended to operate as a life-saving intervention for those who are, for example, at risk of self-harm or are experiencing a psychotic episode.
However, Baker Act holds are unfortunately sometimes carried out in inappropriate circumstances, where the individual concerned does not meet the Act’s criteria for an involuntary hold. For this reason, it is essential that you contact a Baker Act defense attorney if your loved one has been detained in terms of the Act. An attorney can help you determine if your loved one’s hold was lawful and develop a legal strategy for securing their immediate release.
How Are Involuntary Holds Carried Out?
A Baker Act hold can be initiated by a law enforcement official, a qualified professional who has recently examined the individual being held, or a court, following the filing of a petition for involuntary examination. In most wrongful Baker Act cases, the holds have been initiated by law enforcement or a qualified professional.
A Baker Act hold can only be initiated when there is good reason to believe that a person:
- Is experiencing mental impairment to such a degree that they are unable to perceive reality, or can no longer cope with the demands of day-to-day life; and
- As a result of this impairment, they are unable to determine for themselves whether they require a psychiatric evaluation, or they have outright refused such evaluation; and
- If the hold is not carried out, the person is likely to suffer serious harmful neglect due to their inability to care for themselves, or they are imminently likely to harm themselves or others.
These criteria are strict, and any person who is detained in circumstances where they have not been met is being held unlawfully and in violation of their rights. If you suspect your loved one’s Baker Act hold is unlawful, you should immediately contact a Baker Act defense attorney.
How Long Are Baker Act Holds In Place For?
A Baker Act hold is intended to serve a limited purpose only: to ensure that a person experiencing significant mental distress undergoes a psychiatric examination and receives stabilizing treatment. The person may only be held for an initial period of up to 72 hours, and must in any event be released once they have been examined. If the examining psychiatrist determines that they need to be held for a further period, the facility’s representatives may file a ‘petition for involuntary placement’. This petition essentially seeks a court order committing the person for psychiatric treatment for a period of up to 180 days.
At What Stage Can A Hold Be Challenged?
An involuntary Baker Act hold can be challenged at any point during your loved one’s confinement. However, it is easier to mount a legal challenge to the hold earlier in the process, before an involuntary placement petition has been filed. The longer someone has been held for, the harder it will be to challenge their detention. For this reason, Baker Act defense attorneys recommend initiating legal proceedings to challenge the hold as soon as possible, even if you think it is likely that your loved one will be released after 72 hours. Unscrupulous facilities have been known to detain Baker Act patients longer than is necessary in order to charge exorbitant medical bills, so it is never safe to assume a loved one will be released, even if they are relatively stable.
What Role Does A Baker Act Defense Attorney Play In Developing A Legal Strategy?
The Baker Act’s processes and criteria are complex, and it can be difficult to determine, without legal training and experience, whether its provisions have been violated in a particular case. Your Baker Act attorney will play an essential role in crafting a legal strategy to secure your loved one’s release as soon as possible. They will consult with you in detail about your loved one’s personal circumstances, their medical history, and the sequence of events which resulted in their hold. Using this information, they will determine which grounds would be most appropriate to rely upon in a legal challenge, and will begin to put together a body of evidence that can be used in support of your loved one’s case.
What Legal Arguments Can Be Raised To Challenge An Involuntary Hold?
A Baker Act hold can be challenged on procedural grounds, substantive grounds, or a combination of both.
Procedural arguments
Procedural arguments relate to how the hold was carried out. If a person was subject to a hold when the necessary criteria were not met – for example, a hold was initiated when there was no evidence that the person was likely to suffer neglect or cause harm to themselves or others – the hold can be challenged on this basis. Similarly, if a person has been held at a facility for more than 72 hours but has not been examined, or has been examined but has not been immediately released, the hold can be challenged on the basis of procedural irregularity. Other procedural grounds that Baker Act defense attorneys often rely on include those relating to the conditions the person is being held in, or whether they were given proper notice of the petition for involuntary placement, or given an opportunity to acquire legal representation.
Substantive arguments
Substantive arguments relate to whether a hold (or continued involuntary placement) is justified. The most common a substantive argument for challenging a hold is to demonstrate that an individual’s mental illness is not severe enough to warrant in-patient treatment, and that less restrictive interventions – such as medication and therapy on an outpatient basis – would be more appropriate. In these circumstances, your Baker Act defense attorney will commission an expert report from an independent psychiatrist, who will testify that the hold is not medically necessary and that your loved one’s best interests would be best served by their release into your care.
Florida’s Leading Baker Act Defense Attorneys Are Here To Help Secure Your Loved One’s Release
When a loved one has been taken into custody in terms of the Baker Act, you need to act as quickly as possible to secure their release. In many Baker Act cases, individuals do not meet the criteria for the hold, or are held for longer than is medically necessary. A reputable Baker Act defense attorney can help you to determine how best to make the case for your loved one’s release.
At Baker Act Attorneys, we have a wealth of experience challenging wrongful Baker Act holds, and our lawyers have an impressive track record of success in challenging unlawful Baker Acts. Don’t navigate this time of crisis alone – contact our offices 24/7 at 855-429-0074 and we’ll immediately begin working on reuniting you with your loved one.