A Baker Act can be a terrifying experience for many individuals. It can be traumatic, whether due to miscommunication or misunderstanding. While the involuntary examination at a mental health facility can last up to 6 months, the first 72 hours are critical to you and your loved one’s. Hence, it is important to understand the purpose and the critical 72 hours of the Baker Act.
What Is The Purpose Of The Baker Act?
The purpose of the Baker Act is to detain an individual with mental health issues. It involves either mental health professionals, judges, or law enforcement. One of these professionals start an involuntary examination to determine whether the individual is dangerous due to mental illness.
If they are a danger to themselves or others around them, the entire process can take up to 6 months. However, the first 72 hours are crucial for protecting your rights.
The First 72 Hours
As explained above, a court can place an individual in a mental health facility for up to 6 months during their involuntary examination. After the facility files a petition to continue involuntary placement, there will be a hearing. If the petition is approved, a judge will issue a court order. During the first 72 hours, a clinical assessment determines if the patient meets the criteria to continue involuntary placement.
Oversight is necessary to prevent these facilities from ignoring the criteria for involuntary examination. This is why, during this time, an individual can petition the court for an emergency order to get your loved one ordered out. Otherwise, the mental facility will continue to hold you or your loved one for up to six months following the court order.
The Examination At Mental Health Facility
The receiving mental health facility is required to perform a mental health assessment performed by a skilled medical professional. The individual cannot be kept confined for examination beyond seventy-two hours. One of the activities should happen during the examination period:
- Release
- Outpatient treatment
- Voluntary continued treatment
- The filing of a petition for involuntary treatment
Choose Talmadge Law Firm And Receive Assistance From An Actual Baker Act Lawyer
Talmadge Law Firm provides assistance to victims of the Baker Act through an experienced Baker Act lawyer. They are experienced in law, rules, and typical procedures associated with the Baker Act. Overcome the 72-hour period with our lawyers by your side. They will help you be successfully discharged from the involuntary examination. Complete your discharge with Talmadge Law Firm and visit us for more information!
