The Baker Act is a law in Florida that was created in 1972 to establish legal procedures for the involuntary examination and treatment of individuals with mental illness. This law was put in place to prevent the indiscriminate admission of individuals to mental health institutions and to ensure that people are only admitted to such facilities with just cause. The Baker Act allows for a mental health professional to initiate an involuntary examination if they believe a person is a danger to themselves or others or is unable to care for themselves. It’s important to note that the Baker Act is only applicable in the state of Florida.
It can be terrifying to watch a loved one suffer from a serious mental illness, especially when they refuse treatment or do not understand the seriousness of their illness. Florida’s Baker Act provides a process to get individuals the treatment they need, even when it is against their wishes.
The Florida Mental Health Act, commonly known as the Baker Act, enables loved ones or others to request emergency mental health services for a person who cannot or will not request help for themselves. Emergency services may include voluntary admission to a hospital or other receiving facility, or if the person cannot understand the severity of their condition, involuntary admission.
Legislators enacted the Baker Act to intercede on behalf of a person suffering from a mental illness who may cause harm to themselves or another but is not willing to seek treatment. Maxine Baker, a former Florida state representative, sponsored the Act, which was passed in 1971. Most states have enacted legislation similar to the Baker Act, but each state has its own name for its specific legislation.
Under What Circumstances is a Person Subject to the Baker Act?
The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria:
- They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability.
- They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
- Without treatment, they may suffer personal neglect or may cause harm to themselves or others.
Refer to the Statute or a summary of the Statute for additional details.
How Does the Process Work?
The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual is not open to voluntary treatment for a severe mental health crisis, family members, health professionals, law enforcement or others can ask the circuit court for an involuntary mental health examination.
Ordered by Court
A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. If a judge grants the order, a law enforcement officer enforces the ruling by taking the person into custody and transporting them to the nearest receiving facility.
Court Hearing
The court must conduct the involuntary placement hearing within five days. A court-appointed public defender represents the person unless they have other legal representation. The defendant has the right to an independent expert examination provided by the court.
The court considers testimony and evidence regarding whether the person is competent to consent to treatment. If found not competent, the court appoints a guardian advocate.
If the court finds the person meets the criteria for involuntary placement, they issue an order remanding the individual to an inpatient mental health facility for up to six months. The court has the option to extend this period.
Ordered by Health Professional
If the person received an examination by a physician, clinical psychologist, psychiatric nurse, or clinical social worker within the preceding 48 hours and was found to meet the criteria for involuntary examination, a law enforcement officer will transport the individual to the nearest receiving facility.
Examination
If a hospital admitted the person because of an emergency medical condition, a psychiatrist and a second mental health professional must conduct an examination within 72 hours to determine if a transfer to a receiving facility for medical treatment is appropriate.
If the physician determines the person’s medical condition has stabilized or is not an emergency, one of the following must occur:
- If the examining doctor finds the person does not meet Baker Act criteria for involuntary admission to a receiving facility, they must release the person or transfer them to a voluntary status.
- If the examination took place at a receiving facility and a psychiatrist or clinical psychologist provides documentation supporting the release of the person, the person is released.
- They are transferred to a receiving facility that offers appropriate medical treatment.
What Happens After the Involuntary Examination Period?
The involuntary examination period cannot exceed 72 hours for adults and 12 hours for minors. Within that time, a clinical psychologist or a physician experienced in the diagnosis and treatment of mental health disorders must examine the individual. After completion of the examination, one of the following must happen:
- The person is released unless charged with a crime.
- The person is released for outpatient treatment.
- The person gives informed consent for voluntary placement in a treatment facility.
- Medical professionals file a petition with the circuit court for involuntary placement.
The receiving facility cannot file a petition with the court for involuntary placement unless they have documented clear evidence the person is mentally ill, is in danger of self-neglect, and poses a threat to themselves or others.
What Else Do Family Members Need to Know?
If you have a loved one suffering from a mental illness and believe they are a threat to themselves or others, talk to a mental health professional or another person qualified to initiate the Baker Act. These professionals include:
- Psychiatrists
- Physicians with mental health training
- Clinical Psychologists
- Psychiatric Nurses
- Clinical Social Workers
- Licensed Mental Health Counselors
- Judges
- Law enforcement personnel
Adults can use the Baker Act to apply for voluntary admittance to an inpatient treatment facility. Parents can also use the Act to have a minor child voluntarily admitted.
The Baker Act requires “substantial” evidence, showing a person’s recent behavior suggests they pose a risk to themselves or others.
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