The Baker Act, also referred to as the Florida Mental Health Act, permits the involuntary commitment of an individual to a mental health treatment center. This occurs when a person is considered a threat as a result of a mental disorder.
Here’s a breakdown of what happens when you are baker acted and steps you can take to protect yourself if you think you might be Baker Acted:
Understanding the Baker Act
Mental health practitioners, relatives, and police officers can initiate a Baker Act under the Florida Statutes. Therefore, the Baker Act has two main purposes:
- Preventative Measure: To protect a person from inflicting harm on themselves or other people.
- Evaluation and Treatment: To give a person a mental assessment and treatment that he or she requires in a safe environment.
What Happens When You are Baker acted?
The Baker Act process typically involves the following steps:
- Initial Baker Act Hold: A law enforcement officer, psychiatrist, or court can order a Baker Act hold. This hold usually lasts for 72 hours and enables the assessment of the person’s mental health.
- Evaluation: A mental health professional will evaluate the person’s mental status to ascertain whether this individual meets the criteria for involuntary confinement.
- Extension of Hold: If the evaluation shows that the person is dangerous to himself or others, the hold may be continued by court order.
- Involuntary Commitment: If a commitment proves necessary, a hearing may be conducted to determine if the court agrees.
Protecting Yourself
If you are concerned about the possibility of being Baker Acted. Here are some steps you can take to protect yourself:
- Seek Voluntary Treatment: If you have mental health problems, you should seek treatment with a mental health care professional. Seeking help can be useful in avoiding the Baker Act.
- Know Your Rights: Get more information about your rights under the Baker Act.
- Communicate Openly: If you are questioned about your mental health by the police or a mental health worker, speak the truth about your condition, explaining how you are managing your mental health.
- Seek Legal Counsel: If you believe you were Baker Acted without proper cause, you may want to consult a lawyer specializing in mental health law. They can inform you of your legal rights and the available actions you can take.
Facing a Baker Act case can be stressful and confusing. Don’t navigate the legal system alone.
The Talmadge Law Firm specializes in Baker Act defense. Attorney Talmadge has a unique background in law and psychology, giving him a deep understanding of mental health issues and the legal process. So, what are you waiting for? Visit Talmadge Law Firm today and schedule a consultation to discuss your case!
