Florida’s Baker Act allows law enforcement, judges, and mental health professionals to authorize the involuntary detention and psychiatric evaluation of a person who meets the Baker Act’s strict criteria. For decades, this process has been used to carry out life-saving interventions for Floridians suffering from acute mental health crises. However, it is not uncommon for individuals to be Baker Acted in circumstances that do not warrant their confinement, or for a Baker Act to be extended when release and outpatient care would be more appropriate.
Understanding which officials have the authority in terms of Florida law to authorize a Baker Act release is crucial if you or a loved one wishes to challenge an involuntary Baker Act hold.
What Is A Baker Act Hold?
A ‘Baker Act hold’ is shorthand for the process by which a person is placed in a psychiatric facility – referred to as a receiving facility in the Act – against their will for emergency stabilization and evaluation. The legal process behind a Baker Act hold is complex. In brief, it can be initiated in three ways:
- by a psychiatrist or other mental health professional who has recently examined a person and determines they have met the Act’s criteria for involuntary examination;
- by a law enforcement officer who reasonably believes a person meets the Act’s criteria; and
- by a judge who assesses a petition brought by a concerned party requesting a person be taken in for involuntary examination, and who grants the petition after determining (on the evidence presented) that the Act’s criteria for involuntary examination have been met.
In essence, the Baker Act criteria stipulate that a person only be taken into custody for an involuntary psychiatric evaluation if there is reason to believe that (i) they have a mental illness, and because of this mental illness, they are unable to ascertain whether they require treatment; (ii) without intervention, they will be unable to care for themselves, leading to a risk of substantial harm and neglect; or (iii) without intervention, there is a real possibility, based on past behavior, that they will cause serious harm to themselves or others.
Who Has The Power To Authorize A Baker Act Release?
Once a person has been subject to a Baker Act hold, there are effectively only two authorities that can authorize their release: a court or an attending psychiatrist at the receiving facility. Each of these routes to obtain a Baker Act release follows a different process, and in both, the assistance of an experienced Baker Act attorney will likely be necessary.
Release by a psychiatrist
When a person is subject to an involuntary Baker Act hold, they may only be held at the receiving facility for a maximum of 72 hours, and should be evaluated by a psychiatrist (or other appropriately qualified professional, such as a physician or clinical psychologist) as soon as possible. If the attending psychiatrist determines that the person is mentally well and was improperly Baker Acted, they should be released, but that is not always the case. If the psychiatrist determines that the person requires mental health care, but that they are well enough to be discharged, a Baker Act release should be granted.
It is only in circumstances that the person requires longer-term stabilization that a psychiatrist may petition the court to grant an order that the person be held to receive longer-term psychiatric treatment (this is called a petition for involuntary placement). If you or a loved one has been subject to an involuntary Baker Act, you should contact a reputable Baker Act attorney as soon as possible so that you can begin preparing your case against long-term involuntary detention. In many cases, once a person has been stabilized, outpatient treatment is a more appropriate intervention.
Release by the court
The second way a Baker Act can be lifted is by the court. If a receiving facility has brought a petition for involuntary placement, the court will give the person who is the subject of the petition an opportunity to argue against their continued confinement and treatment. In some cases, when a person is ruled to be incompetent to make legal decisions, the court will appoint a guardian advocate (also called a patient advocate) to advocate on that person’s behalf. Those who do not require a guardian advocate may hire a specialized Baker Act attorney to represent them in court. They can produce evidence, such as witness statements and evidence from medical experts, to convince the court that further involuntary treatment would not be appropriate.
A court can also authorize a Baker Act release if the attorney or loved one of a person subject to a Baker Act hold brings a writ of habeas corpus, and the court finds that there was no lawful basis for the person’s detention and involuntary examination. Petitioning for a writ of habeas corpus is an especially effective way to secure a Baker Act release in circumstances where the 72-hour involuntary examination period has expired, but the receiving facility has not lifted the Baker Act hold.
Criteria Determining Whether A Baker Act Hold Will Be Lifted
Whether it is a judge or a medical professional who is deciding whether a Baker Act hold should be lifted, several factors must be taken into account. These include:
- The person’s mental state and response to treatment: If the person’s mental state has stabilized and psychological assessments indicate that they are responding positively to treatment, this is a strong justification for their release.
- Risk of neglect and/or harm: The most important factor to be considered is whether the person is likely to cause harm to themselves or others, or suffer neglect, if they are released. If their recent behavior suggests that no such risk is present, a Baker Act release should be granted.
- Suitability of outpatient treatment programs: If the person has indicated their willingness to participate in outpatient treatment programs, and this treatment will be sufficient to help prevent a mental illness relapse, release is a more appropriate option.
- Support of family and friends: The Baker Act explicitly provides that long-term involuntary placement should be avoided in circumstances where family and/or friends are willing to help support and care for the person.
It goes without saying that, if the court or medical professional determines that a person is mentally well and should never have been Baker Acted in the first place, some of the above criteria will not need to be considered.
Acclaimed Baker Act Attorneys Are Here To Assist You In Securing A Speedy Baker Act Release
Navigating the intricacies of the legal and administrative process that needs to be followed to secure a Baker Act release can be daunting. The experienced lawyers at Baker Act Attorneys have helped hundreds of families challenge involuntary Baker Act holds and obtain the speedy release of their loved ones. Our track record of successful legal interventions speaks for itself.
Whether you require emergency legal assistance or want to find out more about our services, don’t hesitate to give us a call at 855-429-0074.