The Baker Act exists to provide assistance during a mental health crisis. The correct implementation of Baker Act guidelines should provide support, but incorrect use of these guidelines can lead to distress for individuals.
Signs That Baker Act Guidelines May Have Been Crossed
Here are some warning signs that the Baker Act might have been applied improperly:
- No Immediate Danger – The Baker Act went into effect without detecting immediate risks to yourself or others.
- Lack of Proper Evaluation – The person received no assessment from a qualified mental health professional prior to their detention.
- Failure to Notify Family – The legal right of families or guardians to receive information about the situation remained unfulfilled.
- Unnecessary Detainment – Healthcare providers detained patients beyond legal detention times without showing sufficient cause for retention.
- Coercion or Deception – A person’s rights remain undisclosed when they accept treatment through deception or under coercion.
Violation of guidelines becomes a possibility when you observe these specific issues.
Your Rights Under the Baker Act: What You Should Know
The Baker Act process requires a full understanding of your rights. Here are the basic rights of individuals who are in the Baker Act process:
- Timely Evaluation – The Baker Act requires that every person who undergoes this process receives a timely evaluation.
- Right to Legal Representation – All individuals have access to legal counsel.
- Right to Communication – People undergoing Baker Act procedures can reach out to their families.
- Proper Care and Respect – Each person undergoing this process deserves both humane treatment and dignity throughout the process.
These rights exist to protect people. The violation of these rights indicates a serious problem.
What to Do If You Suspect a Violation
If you feel the Baker Act guidelines have been violated it’s really important to know what you should do.
- Stay Calm and Gather Information
- Request Records
- Communicate Concerns
- Contact Advocacy Groups
Your Rights Matter – Contact Talmadge Law Firm
Are you facing the Baker Act alone? Well, you don’t have to face this alone. If you believe your rights under the Baker Act have been violated, contact Talmadge Law Firm immediately. The attorneys at our firm specialize in mental health law, and they will defend your rights while ensuring you receive appropriate medical care. Don’t wait – contact us today or visit our website to schedule your consultation.
