What is the Baker Act?

Mental health conditions are common in the United States. According to the Centers for Disease Control and Prevention (CDC), 1 in 5 adults struggle with a mental health condition, and 1 in 25 deal with a severe mental illness like schizophrenia or bipolar disorder.[1]

Watching your loved one struggle with their mental health is never easy. Oftentimes, when a mental illness is severe, the individual suffering is not well enough to seek help for themselves. This might leave you wondering what you can do to help them.

If you are worried that your loved one is becoming a harm to themselves or others, there is something you can do to get them the support they need. In Florida, there is a law that allows the loved ones of a person suffering from a mental health crisis to force them into treatment. Commonly known as the Baker Act or Florida Mental Health Act, this law is a type of involuntary treatment that will get your loved one under professional supervision for at least 72 hours.

It is important to note that involuntary placement under the Baker Act requires your loved one to meet the criteria. If they qualify, they will be placed under a 72-hour hold within a mental health facility. Your loved one will receive treatment from clinical social workers, physicians, clinical psychologists, psychiatric nurses, and other types of mental health professionals.

In this article, you will learn:

• What is the Florida Baker Act?
• What criteria your loved one must meet for the Baker Act
• How Long the Florida Mental Health Act Lasts
• Signs that indicate a Baker Act is necessary

What is the Florida Baker Act?

The Florida Baker Act allows family members or friends of a mentally ill person to submit a petition to have them involuntarily placed in a mental health treatment center.[2] You can begin the process by speaking with a doctor, mental health professional, law enforcement officer, or judge. After speaking with them and confirming that your loved one meets the criteria, they will be placed on a 72-hour hold to receive treatment and an official mental health assessment.

During the 72-hour hold, the psychiatric assessment is used to determine whether further action needs to be taken. If at least two mental health professionals decide that your loved one is a danger to themselves or others, they will be admitted to a long-term mental health facility. If they are considered to be stable during the 72 hours, they will be released.

It is important to note that the Baker Act should only be used when your loved one is refusing voluntary examination by a mental health professional. If they are agreeing to treatment from a therapist or mental health counselor, you should let the professionals make recommendations on what would be best for your loved one.

What are the Criteria for Baker Acting Someone?

The Florida Statute has specific criteria for involuntary examination under the Baker Act to prevent people from being wrongfully committed. In other words, the criteria just ensures that the person being forced into treatment truly needs it.

The following criteria must be met to Baker Act your loved one:[3]

• There is reason to believe that the person has a mental illness and they are refusing or unable to submit to an examination
• Without treatment, the person will be unable to care for themselves and experience substantial harm to their well-being
• Without treatment, the person will be a danger to themselves or others

It is important to note that the Baker Act is not intended for people suffering from substance abuse, intellectual disabilities, or developmental disabilities. If you are looking for involuntary treatment for a substance use disorder, you should research the Florida Marchman Act.[4]

How Long Does a Baker Act Last?

For people aged 13 and older, the Baker Act can only last 72 hours. Within that time, a mental health professional will examine your loved one to determine what the next steps should be. They might also be stabilized on medication within 72 hours.

After the completion of the examination and the 72-hour hold, one of the following actions will occur:

• The person is released unless they are charged with a crime
• The person is released and required to attend outpatient treatment
• The person gives informed consent to be transferred into an inpatient mental health facility
• Medical professionals file a petition to have the person involuntarily placed into an inpatient mental health treatment center

The only reasons a mental health professional can successfully require long-term treatment after a Baker Act include clear evidence that your loved one is mentally ill, is in danger of neglecting themselves, and poses a threat to the wellbeing of themselves or others around them.

Signs That a Baker Act is Necessary

If you are wondering whether you should attempt to Baker Act your loved one, it’s important to understand what symptoms to look out for. The Florida Baker Act should only be used when someone is experiencing a mental health crisis and is at risk of suicide or harming people around them.

The signs that indicate a Baker Act might be necessary include:

• Experiencing hallucinations and delusions
• Being unable to care for themselves, including neglecting self-hygiene, not eating or sleeping, or neglecting to clean the home in a manner that poses a danger of harm
• Experiencing frequent thoughts or attempts of suicide
• Posing a danger to those around them by behaving in a paranoid or violent manner
• Experiencing the symptoms of psychosis, which include delusions, hallucinations, detachment from reality, disorganized thinking, and strange speech patterns

If your loved one is displaying any of the above-mentioned symptoms and refusing professional treatment, it might be time to consider using the Florida Baker Act.

Get Connected to a Sober Living Program

If your loved one suffers from mental health issues and addiction, they might need dual diagnosis treatment. Whether you have used the Baker Act or Marchman Act to get them involuntarily committed, they might need extra support once they finish their program.

New You Sober Living offers transitional housing and support to keep your loved one sober once they complete an inpatient program. Contact us today to learn more about how sober living works and whether your loved one is a good fit for our program.

References:

1. The Centers for Disease Control and Prevention (CDC): About Mental Health
2. University of Florida Health: Baker Act 
3. Florida Department of Children and Families: Baker Act 
4. Eleventh Judicial Circuit: Marchman Act