Watching someone you care about struggle during a mental health crisis is terrifying. You might feel helpless, unsure of what to do. Taking legal action might not be appropriate in such delicate situations, either. However in Florida, the Baker Act is designed for situations like this. Sometimes, a person’s mental state becomes so unstable that they need urgent help. Invoking the Baker Act helps protect not just others, but the person in need of mental health care, even if they would normally refuse help.
The Baker Act, officially known as the Florida Mental Health Act, gives certain individuals the authority to intervene. It allows trained professionals to evaluate and temporarily detain a person with a serious mental illness if they are a threat to their safety or the safety of others. This law isn’t meant to punish. It’s designed to protect and provide people with the care they need quickly and safely during a mental health emergency.
Before resorting to the Baker Act, it is important to understand who qualifies for this kind of assistance.
When does the Baker Act apply?
Understanding when the Baker Act applies can be confusing, especially during a crisis. It’s important to know the specific criteria that determine whether this legal process can be used to assure safety and provide necessary care.
If you are wondering when this statute applies to a situation, a person must meet all three of the following conditions to qualify:
- The person is experiencing a serious mental illness: Their thoughts, emotions or behavior are so unstable that they can’t manage daily life
- The person is refusing voluntary treatment or are unable to make informed decisions: They might not realize they need help, or may be too impaired to choose care on their own
- The person is posing a danger to themselves or others: This could include suicidal actions, threats of violence or severe self neglect.
If someone meets all these conditions, the next step is to know who can legally start the process.
Who can start the Baker Act process?
There are only certain individuals who have the legal authority to initiate the Baker Act. These include law enforcement officers. They can take someone into custody and transport them to a mental health facility if they observe aggressive behavior caused by mental illness. Licensed mental health professionals, such as psychiatrists or clinical psychologists, are another group that can initiate the statute. They can issue a certificate for an involuntary evaluation based on their observations or credible reports. Lastly, a judge can authorize the Baker Act through a signed court order after reviewing evidence provided by a concerned family member or another individual.
Once any of these authorized personalities initiates the Baker Act on a person, a set of processes begins to make sure that the person gets the appropriate care and evaluation.
What happens when someone invokes the Baker Act?
Once an authorized person initiates the Baker Act, they transport the subject to a designated mental health facility. Here, the staff begins an evaluation that can last up to 72 hours. During this period, mental health professionals assess the person’s condition and determine the best action for the patient. Depending on their findings, the facility may release the subject if they no longer meet the criteria for involuntary examination, or, in rare cases, the facility may request extended care through the court.
While the process is intended to protect those in crisis, starting it is often emotionally difficult, especially if it involves someone you care about.
The difficulties of invoking the Act
Choosing to invoke the Baker Act on someone you love isn’t easy. They may feel scared, angry or betrayed. You yourself may feel overwhelmed with guilt or uncertainty. But stepping in might be the most compassionate thing you can do, especially when they can’t see how much danger they are in.
Invoking the Baker Act on a loved one can be a difficult decision, but you don’t have to make that choice unprepared. Try consulting with a mental health professional. Get legal guidance. Most of all, don’t forget to take care of yourself during this crisis. Compassion matters on both sides of a crisis.