What is baker act

Yes, a Baker Act can be voluntary. However, to willingly Baker Act yourself you must be considered capable of consenting to treatment. To Baker Act yourself, visit an Emergency Room and describe your symptoms to medical professionals. If necessary, the medical staff will request the Baker Act. When a person is Baker Acted in Florida they are taken to a mental health hospital that is also a Baker Act receiving facility.

A mental evaluation must be performed within 72 hours. After 72 hours if deemed mentally stable the person will be released. If further treatment is mandated, the individual can be admitted to a mental health facility for up to six months. Usually, a Baker Act is used in response to a mental health emergency. A Baker Act can be started by medical professionals, the court system, and law enforcement.

Usually, being Baker Acted means that a person was admitted to a mental health hospital to be mentally assessed. The time a person can be held during the Baker Act is 72 hours. Please note: For medical emergencies, please call For other urgent matters, please call our admissions line Submissions after-hours, weekends, or holidays may experience a longer response time.

Mental Heath Screening. Call Main 24 Hour Line. Review Us. Can you visit someone who is Baker Acted? How do you Baker Act a minor in Florida? Do you call to Baker Act someone? Can you baker act yourself? What happens after a Baker Act? What does it take to baker act someone in Florida? After completion of the examination, one of the following must happen:. The receiving facility cannot file a petition with the court for involuntary placement unless they have documented clear evidence the person is mentally ill, is in danger of self-neglect, and poses a threat to themselves or others.

If you have a loved one suffering from a mental illness and believe they are a threat to themselves or others, talk to a mental health professional or another person qualified to initiate the Baker Act. These professionals include:. Adults can use the Baker Act to apply for voluntary admittance to an inpatient treatment facility. Parents can also use the Act to have a minor child voluntarily admitted.

If you need help or know someone who does, please contact our admissions department at or admissions tpoftampa. The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria: They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability. They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.

Without treatment, they may suffer personal neglect or may cause harm to themselves or others. How Does the Process Work? Ordered by Court A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination.

Court Hearing The court must conduct the involuntary placement hearing within five days. Ordered by Health Professional If the person received an examination by a physician, clinical psychologist, psychiatric nurse, or clinical social worker within the preceding 48 hours and was found to meet the criteria for involuntary examination, a law enforcement officer will transport the individual to the nearest receiving facility.

See: Section This does not mean that if a patient is examined and determined to be releasable earlier, that the patient may still be retained for 72 hours. Forms for this are usually made available to patients at the facility. Otherwise, an attorney can prepare and file a petition for a writ of habeas corpus as needed. In our experience, the mere presence of an attorney along with family members lets the facility know that there is a support system in place that will address the needs of the patient.

Your clients should know that hiring an attorney is one of the best ways to indicate to the facility that they are serious about getting released. Customizable plans for solo and small law firms at affordable monthly rates. Once nearly impossible tasks are made possible with Westlaw Edge.