In Florida, the Baker Act dictates that an individual can be held in an involuntary psychiatric admission and evaluation for up to 72 hours. During that time, a physician must evaluate the individual to determine if longer involuntary commitment or further treatment is necessary.
After the initial 72 hour period, the individual can be held for an additional 18 days in some cases. However, extensions beyond 18 days are rare and must be authorized by the court. If a person is found to need further care, they can be moved to a psychiatric hospital or other mental health treatment facility.
In rare cases, they must also be involuntarily committed to continued care, in which case they may be held in a psychiatric facility until they no longer pose a threat to themselves or others.
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Does a Baker Act stay on your record in Florida?
Yes, a Baker Act stay will be kept on record in Florida. The Baker Act, or the Florida Mental Health Act, is a set of laws that allow a person to be involuntarily admitted to a mental health facility if they are deemed to be a threat to themselves or others due to mental illness.
Once a person is Baker Acted, their name and date of birth are entered into the Baker Act Database, along with a brief clinical summary of the circumstances. This information can be accessed by law enforcement and other state agencies.
Additionally, the Department of Children and Families (DCF) will maintain records of a Baker Act for up to seven years. Depending on the individual’s case, their court records may also remain available up to five years after the incident.
For that reason, it is important to keep in mind that a Baker Act stay will remain on one’s record in the state of Florida, and possibly even beyond.
What is a 72 hour hold for Baker Act?
A Baker Act is a Florida law that allows for an individual, 18 years or older (or an emancipated minor) to be involuntarily committed for an evaluation of mental health for up to 72 hours. This can occur when it is believed an individual is suffering from a mental illness and is a danger to self or others, or to him/herself unable to determine their needs for care or treatment.
During the process, an evaluation is held to determine if a longer-term treatment is necessary. The individual is brought to a receiving facility, typically a psychiatric hospital, where they may receive medication, therapy, assessments, and other treatments.
Family members and friends, as well as other third parties such as employers and teachers, can file a petition to involuntarily commit the person based on their observations and certain criteria. Once committed, the professional staff of the receiving facility will be responsible to complete the evaluations.
The Baker Act is significant in that it allows for an individual to be put in a safe and secure environment, where they can be quickly evaluated and treated. This is especially critical in instances where the individual may be a danger to themselves or others, or unable to make decisions about their mental wellbeing.
What are the consequences of being Baker Acted?
The consequences of being Baker Acted vary depending on the individual, but they can be significant. First and foremost, being Baker Acted may negatively affect a person’s psychological state as it can come with a large stigma.
It could also impact their civil liberties and employment opportunities. Furthermore, people who are Baker Acted may become targets for discrimination or may have a harder time finding housing or applying for financial assistance.
In addition, being Baker Acted may require a person to voluntarily or involuntarily submit to a mental health evaluation. This evaluation may require them to answer difficult questions about their mental health and can be both an emotionally and financially draining process.
The evaluation may also require them to take various medications or treatment plans prescribed by their mental health provider, meaning their autonomy is limited.
Furthermore, being Baker Acted typically triggers a 72-hour period in which that person cannot be discharged. This can be especially problematic if they do not have family or friends in the area who can assist with the cost of the facility or provide other necessary assistance.
If the person is under 18, being Baker Acted may require the family to seek counseling or support services.
Last, being Baker Acted can have a long-term impact on an individual’s mental health. While the Baker Act may be necessary in some circumstances, its misuse or abuse could make an individual more resistant to seek help in the future, out of fear of being Baker Acted.
Can you visit someone who has been Baker Acted?
Yes, you are allowed to visit someone who has been Baker Acted, given that the person is allowed visitors. Each facility that houses people Baker Acted has its own rules and regulations regarding visitors.
Generally, it is necessary to get approval from the facility and show identification. In addition, certain behaviors or items are prohibited, like bringing in food or weapons of any kind. It may be possible to talk to the person held through a window or through other reasonable measures taken by the staff, such as video chat.
It is important to remember that visiting any person confined in a mental health facility is subject to the rules and regulations of that facility and that it is important to respect the facility’s regulations and be courteous to the staff.
Can Baker Act patients refuse treatment?
Yes, in certain circumstances, Baker Act patients do have the right to refuse treatment. The Florida Mental Health Act of 1971, also known as the Baker Act, allows for individuals to be involuntarily detained for a mental health evaluation for up to 72 hours if it is believed that they are in need of mental health services and are a danger to themselves or others.
In most cases, a person cannot be forced to receive mental health treatment if they are competent and able to make a decision for themselves, although there are some exceptions for emergency situations.
If it is found that the patient does not need an evaluation or further hospitalization, they can be released and are free to refuse treatment at that time.
However, if the Baker Act patient is believed to be of unsound mind or mentally incompetent, they may not be able to deny treatment. In this case, the treating professional must assess the patient and make a decision based on that individual’s circumstances.
Ultimately, the decision to accept or refuse treatment ultimately lies with the patient, so long as they are of sound mind and capable of making decisions regarding their health.
Can you sue for being wrongfully Baker Acted?
Yes, it is possible to sue for being wrongfully Baker Acted. The Baker Act is a Florida law that allows for individuals to be involuntarily committed to a mental health facility for evaluation if it is felt that they are a danger to themselves or others.
However, due to the involuntary nature of the Baker Act, it is illegal for a hospital or other facility to wrongfully or unjustly Baker Act individuals.
Individuals that are wrongfully Baker Acted can sue for the following: unlawful detention, civil rights violations, damages, and even false imprisonment. In order to pursue a lawsuit, plaintiffs must be able to prove that they were wrongfully Baker Acted and that their rights were violated as well.
It is important to note that the statute of limitations for filing a lawsuit is two years, and filing a wrongful Baker Act suit beyond that timeline will be unlikely to succeed.
The specifics of such a lawsuit will vary based on individual circumstances, and it is best to speak with an experienced attorney to determine if a lawsuit should be pursued. The attorney will consider key factors such as the individual’s rights that were violated and the mental health care facility’s pattern of wrongful Baker Acting individuals in the past.
Pursuing a lawsuit in these cases can provide individuals with the compensation they deserve for being wrongfully Baker Acted.
What is being Baker Acted like?
Being Baker Acted is a term used in the state of Florida in reference to when someone is involuntarily committed to a mental health facility for evaluation and treatment. This type of involuntary commitment typically happens when an individual is perceived as being a danger to himself or herself, or a danger to others.
This type of commitment must be approved by a physician, or a court order and be in the best interest of the individual and their safety.
After an individual is Baker Acted, they will typically be evaluated and examined by hospital staff to assess their mental and physical state, as well as to determine any underlying mental health issues that may be present.
Furthermore, an individual may receive medications, counseling, therapies, and other treatments in order to help them better manage their mental illness and ensure their safety.
Involuntary commitments typically don’t last longer than 72 hours. Although, if deemed necessary, an individual may be held in a hospital or treatment facility for longer periods of time.
Being Baker Acted is a serious matter, as this type of commitment can have a significant repercussions for an individual’s legal and civil rights. Individuals should always strive to seek treatment for mental health issues using more voluntary methods whenever possible.
Why do kids get Baker Acted?
The Baker Act is a Florida law that provides procedures for involuntary examination and commitment of someone when they show signs of mental illness that could potentially lead to harm to themselves, someone else, or their property.
Kids can be Baker Acted when their behavior presents a danger to themselves or to those around them. This might include violent behavior, harming themselves, expressing feelings of wanting to harm themselves, displaying extreme behaviors that go beyond normal actions, substance abuse, and more.
It is important to note that kids are not Baker Acted for disciplinary reasons. The decision to Baker Act a child is not a punishment, but rather an action taken to ensure the safety and health of the child, as well as those around him or her.
A child may be held for up to 72 hours for observation and evaluation, and longer periods may be allowed if needed. After a child has been Baker Acted, the family will be included in the decision making process and involved in the plan of care.
What happens after a Baker Act?
After a Baker Act, the person can be sent to a receiving facility for an involuntary psychiatric evaluation and possibly treatment. Depending on the evaluation results, the person may be admitted for up to 72 hours for further observation and evaluation, or, depending on the situation, they may be discharged.
If the person is admitted, treatment will depend on the needs of the individual, but could include evaluation and observation by mental health professionals, individual and/or group counseling, medications, physical exams and tests, and referrals to other support services.
Once the evaluation period is complete, the person will either be discharged, or may need additional treatments, therapy, or medications. Additional treatments and therapy may be administered on an outpatient or inpatient basis, and further referrals may be made to support services such as day programs, long-term residential programs, supported employment, or community service boards.
What causes a person to be Baker Acted?
The appropriate professional (usually a physician, mental health counselor, or police officer) may order a person be Baker Acted if he or she determines that the individual is a danger to oneself, a threat to others, or is affected by mental illness to the extent that they are unable to take care of their own safety or the safety of others.
Typically, a professional may determine that the person must be Baker Acted if they exhibit behavior or take actions that clearly indicate they are a danger to themselves or others, or demonstrate a severe lack of general understanding of their actions.
Furthermore, the individual may be Baker Acted if they are exhibiting signs of severe emotional distress such as sudden or violent outbursts, severe depression, suicidal thoughts, or other behaviors that clearly indicate that the individual is in immediate need of help.
Can a Baker Act be longer than 72 hours?
Yes, a Baker Act can be longer than 72 hours. Depending on the situation, the individual might be held in involuntary commitment anywhere from 72 hours up to six months. In those cases, the individual must appear before a court hearing where the individual and their legal representation can have a chance to tell their story and the court can decide if further involuntary commitment is necessary.
Even then, the individual will be regularly monitored throughout the process and certain criteria must be met in order to keep the individual under longer term care.
What records Cannot be expunged in Florida?
In Florida, there are a number of records that cannot be expunged, or erased from public view. These include any criminal records for which you have been convicted, any open or in-process cases, and arrests for which the State Attorney has filed charges against you.
Additionally, any records related to a sexual offense, fleeing the police, or DUI that results in serious injury or death cannot be expunged.
In addition, any records related to domestic violence, stalking, aggravated stalking, and cyberstalking, as well as felonies or misdemeanors that involve the use of a firearm or other violent act, are also ineligible for expungement.
Furthermore, offenses against minors or any serious offenses, including murder and manslaughter, are not eligible to be expunged.
Lastly, any records related to violations of probation, failure to appear in court, or failure to pay fines and/or restitution are also ineligible. In summary, an expungement generally cannot be obtained for any felony or misdemeanor criminal records that are on the public record.
