Understanding the Florida Baker Act and What Every Family Should Know

Friends and family may have suggested that you have your loved one involuntarily examined under the Baker Act.

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Trying to help a loved one who is experiencing mental distress can be very overwhelming. Your only concern is that their well-being be protected – but it is very difficult to know the best way to approach this. Friends and family may have suggested that you have your loved one involuntarily examined under the Baker Act. This is a drastic measure, and you should seek to understand its implications fully before seeking assistance in terms of the Act.

What Is The Baker Act?

The Baker Act, officially referred to as the Florida Mental Health Act, is a piece of legislation that was passed in 1971 after being sponsored by state representative Maxine Baker. The Act regulates the provision of mental health services in Florida, and its various provisions cover voluntary admissions, involuntary psychiatric examinations, and involuntary placements in psychiatric facilities. The overarching purpose of the Act is to safeguard the rights and liberties of patients with mental illnesses while ensuring they receive the care that they need. However, as any Baker Act attorney will tell you, the Act is sometimes misused – achieving the very opposite of the purpose for which it was originally passed.

What Is Involuntary Examination?

When people suggest that you ‘Baker Act’ your loved one, they are usually referring to the involuntary examination process set out in section 394.463 of the Act. This section allows for an individual to be taken to a mental health facility – referred to as a ‘receiving facility’ in the Act – for an involuntary psychiatric evaluation and/or emergency treatment. They can only be held in a receiving facility for up to 72 hours.

What Criteria Must Be Met Before Someone Can Be Held For Involuntary Examination?

A person can only be taken into custody and transported to a receiving facility for involuntary examination if three criteria are met. These are:

1. There is reason to believe that they are mentally ill, that is, they are experiencing mental and/or emotional impairment to such an extent that they are unable to control their actions or perceive reality, and this impairment substantially interferes with their ability to live their day-to-day life; and
2. As a result of this mental and/or emotional impairment, the affected individual is unable to determine if they require psychiatric examination, or they have altogether refused voluntary psychiatric evaluation; and
3. If they do not access treatment, they are likely to suffer neglect that will result in serious harm, or they are likely to cause serious harm to themselves or others.

It is important to note that the Baker Act specifically excludes people living with developmental disabilities, suffering from intoxication, or experiencing mental impairment due to substance abuse from these criteria. Many of the wrongful admission cases that Baker Act attorneys are asked to assist with involve persons who have been detained for mental impairment due to suspected overdoses.

What Process Must Be Followed To Commit Someone?

The Baker Act sets out three ways in which an involuntary examination at a receiving facility may be initiated. In all cases, if the law enforcement officer responsible for taking the mentally ill individual into custody believes that the person is experiencing an emergency medical condition, they must first be taken to a hospital for treatment and stabilization before being transferred to a receiving facility.

Court order

The first way in which someone may be Baker Acted is through a court order. A loved one or other concerned person may petition the circuit court to issue an ex parte order directing law enforcement to take custody of the person who meets the above criteria and take them to the nearest receiving facility.

Law enforcement intervention

A law enforcement officer may take custody of a person who meets the above criteria and transport them to the nearest receiving facility. This route to involuntary examination can be controversial, as there is no court or medical oversight involved but only the judgment of the law enforcement officer. If your loved one has been wrongfully Baker Acted by law enforcement, you should immediately contact a Baker Act attorney to explore your options.

Order by healthcare professional

A physician, psychiatric nurse, clinical psychologist or clinical social worker may issue a certificate stating that they have determined through an examination that was carried out within the preceding 48 hours that the person meets the above criteria for involuntary examination. They must set out the clinical observations that have led them to this conclusion. A law enforcement officer must then take the individual concerned into custody and deliver them to the nearest receiving facility.

What Happens After Commitment?

Once a person has been committed to a receiving facility, they must be examined within 72 hours if they are an adult and within 12 hours if they are a minor. In this period, the person must be examined by a clinical psychologist or a physician who has specialized in mental illnesses. After the examination, one of the following must happen:

1. The person must be released (unless they have been charged with a crime);
2. The person must be asked to give informed consent to their voluntary placement in a facility; or
3. The administrator of the receiving facility must petition the circuit court for involuntary placement of the mentally ill person. If such a petition is filed, a hearing must be held to decide the matter within five days. Involuntary placement is an extreme measure and is subject to strict criteria.

Is Involuntary Examination The Right Option For Your Loved One?

Ideally, family members and mental health professionals should encourage individuals to voluntarily access treatment at a facility of their choosing, long before the situation develops to the point that they are a danger to themselves or others. Holding a mentally ill person in a receiving facility can be a traumatic experience that leaves them in a worse state than they were before admission. This is particularly the case if the individual experiences stigma, shame, and stress during the involuntary admission.

In contrast, those who are given assistance in a way that does not stigmatize or shame them for having mental illness are more likely to be effectively treated. Encouraging them to seek treatment in other ways may therefore be a preferable option. It is strongly recommended that you speak to an experienced Baker Act attorney about other legal avenues for helping your loved one, such as using the Marchman Act or applying for guardianship, before you take the step of invoking the Baker Act.

Of course, there are circumstances in which Baker acting your loved one may be the only way to protect them from themselves. If your loved one is threatening to self-harm or is attempting to harm others, temporarily stabilizing them through involuntary examination may be the best way to eliminate the immediate danger they pose. However, in an ideal scenario, they should have a say in how and where they receive treatment, and be informed and empowered to make mental healthcare decisions for themselves.

While some people do receive the help they need through involuntary examination under the Baker Act, there is also a risk that they end up being detained against their will for many months in a facility that does not let them have a say in the medical decisions being made on their behalf.