The Baker Act can provide involuntary examination for individuals going through a mental health crisis. This can lead to the person coming to terms with what they need, even if they didn’t realize what they need. Finally, to make better decisions, it is important to understand the consequences of being Baker Acted.
The Criteria For Assessment
The Baker Act has specific criteria for assessing whether an individual requires further placement. This helps to prevent abuse and misuse of the law and to avoid needless suffering. We use the Baker Act for people who cannot understand due to their poor mental health.
Here are a few pointers on Baker Act criteria:
- The person is mentally ill or suffering from an emotional crisis.
- Refuse to participate voluntarily in a mental health evaluation or believe they do not need one.
- Are a threat to themselves and others around them.
- They are incapable of taking care of themselves.
Furthermore, a person can become a volunteer patient during mental health evaluation. This gives the individual service because they enter treatment willingly.
Consequences Of The Baker Act
It is important to note that the Baker Act is the last resort for someone suffering from mental illness and is in dire need of intervention. Typically, this is what happens when someone gets Baker Acted;
Evaluation: A mental health professional, judge, or law enforcement officer thinks the individual meets the Baker Act criteria. Then, they are involuntarily transported to a facility for up to 72 hours of examination and stabilizing treatment.
Involuntary Examination: Law enforcement agencies or equivalent services transport the individual to a mental health facility.
Assessment: An expert in mental health assesses the mental health of the individual in the facility.
Involuntary Examination: An individual can be kept for 72 hours for examination and stabilizing treatment.
Court Hearing: The court can grant the facility’s petition after examination and order confinement for up to six months. The hearing is often in the facility.
Release or Commitment: The judge may order discharge of the individual or admit them for continued placement depending on the result of the hearing.
Are You A Victim Of Wrongful Baker Act? Contact Talmadge Law Firm For Assistance
Talmadge Law Firm is your go-to source of assistance against wrongful Baker Acting. Involuntary admission and examination can be a traumatic experience. To protect yourself and your rights, our Baker Act lawyers are here to assist you. Visit us at Talmadge Law Firm for more information!
