The occurrence of mental, emotional, and behavioral disorders was increasing. That is when the Baker Act which is also known as the Florida Mental Health Act was passed. The creation of these programs was taken into consideration and more awareness about mental health was spreading.
The Baker Act encompasses a wide range of provisions, including processes like screening and the appointment of legal guardians. However, it is most widely recognized for its provisions related to involuntary evaluation. In Florida, when someone is subjected to involuntary confinement for a mental health examination, it is often colloquially referred to as being “Baker Acted”. So, this is where we find out the process and the main purpose of the Baker Act attorneys in Florida.
The Process for an Involuntary Evaluation
What do you think being “Baker Acted” means? It means that a certain individual has shown certain behavior that exhibits that they are a danger to themselves or the people around them. And, if they don’t get proper care in time, it might be harmful to the people around us.
Usually, this involuntary confinement and evaluation is only allowed when the person poses a threat to themselves or others around them. However, recently there have been changes made to this amendment.
Who Makes the Determination?
- The court can issue an order which states that the person appears to meet the criteria.
- A law enforcement officer can take a person who appears to meet the criteria into custody.
- A physician, mental health counselor, marriage and family therapist.
For a maximum of 72 hours, the individual can be held in a facility. To determine his/her mental state, the physicians can examine and interview the patient, and if there is any further treatment needed.
Within 72 hours, the facility must do one of the following things:
- Release the patient without a condition.
- Release the patient for voluntary outpatient treatment.
- They can request that the patient give consent to being admitted for the treatment.
How to Get a Client Released?
Now that we’ve covered what it means to be “Baker Acted ” and the process for involuntary evaluation, let’s get into the job of a Baker Act attorney in Florida.
Understand the Basis for Confinement
First and foremost, you should thoroughly understand why your client was subjected to involuntary evaluation. Was it due to behavior that posed a danger to themselves or others? Having a clear grasp of the circumstances will help you navigate the legal process effectively.
Review the Documentation
Gather all the relevant paperwork, including any court orders, law enforcement reports, and medical evaluations. These documents will provide essential information about the case and the reasons for confinement.
Legal Counsel
If you haven’t already, seek the services of an experienced Baker Act attorney in Florida. They will be well-versed in the intricacies of the Baker Act and can provide expert guidance tailored to your client’s situation.
Communication with the Treatment Facility
Engage with the facility where your client is being held. Furthermore, understand their treatment plan and whether they are open to considering a release or voluntary outpatient treatment.
Request a Hearing
In some cases, it may be necessary to request a hearing before a judge. So, this is especially the case if your significant other’s case was unjust.
Advocate for Your Client
Highlight any noteworthy improvements or changes in your significant other’s condition that could justify their release.
Consent for Treatment
If your significant other is willing and able to provide consent for treatment, this can be a path to their release. However, this should be carefully considered based on their mental health needs.
