The Baker Act

The Baker Act, also referred to as The Florida Mental Health Act of 1971, was enacted because of widespread instances of elder abuse in Florida. Family members would have another family member committed in order to gain control over that person's estate prior to their death. Once committed, it was difficult for many of the patients to obtain representation, and they became warehoused until their death. The Florida Hospital at Chattahoochee became notorious for housing many of these patients.

The act itself was named for Florida state representative, Maxine Baker who had a strong interest in mental heath issues, served as chair of a house committee on mental health, and was sponsor of the bill.

What is The Baker Act:

The Baker act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required, either on a voluntary or an involuntary basis.

How are voluntary and involuntary Baker Act admissions different?

A voluntary Baker Act is when a person 18 years of age or older, or a parent or guardian of a person age 17 or under, makes application for admission to a facility for observation, diagnosis or treatment. An involuntary Baker Act is when a person is taken to a receiving facility for involuntary examination when there is reason to believe that he or she is mentally ill and because of his or her mental illness the person has refused voluntary examination; the person is unable to determine for himself or herself whether examination is necessary and without care or treatment the person is likely to suffer from neglect or refuse care for himself or herself and such refusal could pose a threat of harm to his or her well being; and there is substantial likelihood that without care or treatment, the person will cause serious bodily harm to himself, herself or others in the near future as evidenced by recent behavior.

Are there other criteria to know if The Baker Act is appropriate:

Yes, there are additional criterions for a voluntary and involuntary Baker Act not included here. For example, a law enforcement officer may transport and individual to a facility for evaluation if there is reason to believe that the individuals behavior meets statutory guidelines for involuntary examination.

What is Ex Parte Petition for Involuntary Examination?

If you are willing to swear in a petition for involuntary Examination that you have personally witnessed an individual causing harm to themselves or others, an "Ex Parte" for an involuntary Examination can be completed at the clerk's office, Mental Health Division.

What is the procedure for filing the petition and the Affidavit Seeking Ex Parte Order Requiring involuntary Examination?

A family member or interested person may fill out the petition and affidavit in the clerk's office. You will need to provide proper identification and have personally witnessed the individual's actions.

What happens after I file the Petition and Affidavit?

The court will review your sworn affidavit. If the court believes based on the evidence provided in the petition and affidavit, the judge will enter an order for the sheriff to pick up and transport the person to the nearest receiving facility.

When will the order be served on the person?

The sheriff will make every attempt to take the person into custody and transport the person to a receiving facility for care and treatment. If the sheriff cannot locate the person, the sheriff will hold the order for (7) seven days and continue attempts to take the person into custody.

Who can I call for more information:

In the South Florida area there are many resources to learn more about both the Marchman Act as well as the Baker Act. Both laws were designed to help people in the time of crisis. In Florida call the leader in Substance Abuse and Mental Health Treatment, Genesis House Inc. located in Palm Beach County Florida. Genesis House has treated thousands of individuals with substance related addictions and co- occurring mental health disorders. Call 1-800-737-0933 for more information or help. All calls are strictly confidential and protected by federal law. Or visit us on the web at www.genesishouse.net or send us an email at info@genesishouse.net.

Article sources:

Clerk of Court Okeechobee County

Wikipedia