- The Baker Act which is also commonly known as the Florida Mental Health Act set forth in Florida Statutes, Chapter 394, Park I.
- The Baker Act provides legal procedures for mental health examination and treatment, which includes:
- Voluntary admission
- Involuntary examination
- Involuntary inpatient placement
- Involuntary outpatient placement
What is the Meaning of the Baker Act?
The Baker Act Pensacola, FL is a law in Florida that was passed in 1972 to establish legal procedures for the involuntary examination and treatment of individuals with mental illness. Similarly, this law was put in place for one main reason. There were people who were admitted unjustly, so to prevent the indiscrimination, the law was created.
If a person is believed to be a danger to themselves or people around them, the Baker Act allows for a mental health professional to initiate an involuntary examination. You should note that the Baker Act is only applicable in the state of Florida.
We know how terrifying it is to watch a loved one struggling with mental illness, and if they refuse treatment that can be tough. In that case, the Baker Act Pensacola, FL provides a process to get your loved one the treatment they need, even if they are volunteering for it.
Under What Circumstances is a Person Subject to the Baker Act?
- If a person is emotionally unstable to the extent that they can’t control their own actions or understand reality, they come under this category. However, this does not include substance abuse.
- They cannot understand why they need to be examined due to their mental illness.
- Without treatment, the individual might be a threat to people or others.
What’s the Process of the Baker Act in Florida?
Ordered by Court
There are times when an individual does not want to get help. This is where their loved ones need to step up. Moreover, a loved one can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. So, this is when the law enforcement officers take the individual into custody and transport them to the nearest receiving facility.
Court Hearing
The court conducts an involuntary placement hearing within five days. Similarly, one of the defenders represents the person unless they already have someone representing them. After that, the court considers testimony regarding whether the person is competent to consent to treatment.
Ordered by Health Professional
Whoever the person is being examined by within the preceding 48 hours and if they were found to meet the criteria, a law enforcement office will transport that individual to the nearest receiving facility.
Examination
A mental health professional must conduct an examination within 72 hours if the hospital admitted the person because of an emergency medical condition. Moreover, this determines if they need to be transferred to a receiving facility for treatment.
