The Baker Act is a Florida Mental Health Statute that employs emergency treatment that includes momentary hold for people impaired with either one or more mental problems. For at least 50 years, Florida residents fitting the criteria of this act have been Baker Acted. Although this isn’t something anyone would want to do for a family member, it has saved many lives.
This statute shouldn’t be confused with the Marchman Act Patient Help. The Baker Act is only invoked by mental health professionals, law enforcement, judges, or physicians. Even if your loved one fits the criteria to be Baker Acted, you cannot invoke this act alone. You can request the Baker Act from the doctor or law enforcement when your loved one has a mental break.
According to the Florida Department of Children, a person can only be Baker Acted if they attain the following criteria:
· There is a convincing reason the person is mentally ill. That refers to an impairment of the emotional and mental processes that determines an individual’s conscious control of his actions and ability to understand and perceive reality.
· The individual has rejected voluntary examination or cannot see the need for this procedure due to his mental illness.
· The individual will likely suffer from neglect causing real threat or substantial harm due to lack of care or treatment. There is also a possibility the person will become a danger to other people based on their present behavior.
People with a developmental disability or mental retardation cannot be Baker Acted. So, you might require legal assistance to establish if your loved one qualifies to be Baker Acted.
How Long the Baker Act Lasts
The Baker Act has a time limit to which the facility can hold the patient involuntarily. Baker Acted individuals cannot be kept for more than 72 hours. During the holding period, these individuals will be subjected to mental health evaluation and treatment by a licensed expert. Minors under the age of 18 can only be held for 12 hours.
After the 12 hours expire, they can undergo a thorough examination. The patient can be discharged if the examination results prove that no further intervention is required. If they need more treatment, they can be asked to admit themselves to the facility or be released and sign up for an outpatient treatment program.
Is it advisable to Baker Act your loved one?
Infringing the rights of your loved one is something you wouldn’t want to do. However, you can continue with the Baker Act Process United States if it is necessary to save their lives. Mental health illnesses have killed many people, and the number of suicide cases is steadily increasing. So, the only way to protect your loved one is by Baker Acting them. After the involuntary treatment, there is a likelihood they will see the need for treatment and commit to it.
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