It’s challenging to see someone you care about experiencing a mental health crisis, especially if they refuse to seek help or you’re concerned that they might cause harm to themself.
Fortunately, Florida residents have many resources that can help with mental health and co-occurring disorders like addiction. That includes local treatment centers and Florida mental health laws designed to assist.
One of those laws that can assist when someone you care about is experiencing a mental health crisis is the Baker Act, Florida’s involuntary mental health intervention law.
What is the Baker Act?
The Baker Act, also called the Florida Mental Health Act of 1971, is a law that provides criteria and guidelines for when someone experiencing a mental health crisis can be temporarily detained and undergo an involuntary psychiatric examination.
Since its creation, Florida residents have frequently used the Baker Act. Data shows that over 170,000 involuntary exams were conducted between 2021 and 2022.
During the detention period, the goal is to help stabilize their condition and identify potential treatment options. This is a helpful tool for ensuring someone you care about receives treatment during a struggle or crisis.
However, before initiating the act, the person needs to show clear signs that:
- Their mental health condition is putting them at risk where they may cause harm to themself or others
- They’re unable to recognize that they need to seek treatment on their own
Therefore, when researching how to get someone Baker Acted, you should be aware of the proper legal process for preparing.
Who Can Initiate a Baker Act Hold?
The right professionals need to initiate and approve the use of the Baker Act for the law to take effect. Those who can initiate it include:
- Judges
- Law enforcement officers
- Clinical psychologists
- Mental health counselors
- Physicians
- Psychiatric nurses
If you’re concerned about a loved one struggling with mental health, starting the process would involve presenting information about your loved one’s condition to one of these qualifying professionals. They would then analyze and determine if initiating the Baker Act is the right fit for the situation.
A qualifying professional can also note an individual’s condition independently and initiate the Baker Act to provide the right care for health and safety in times of crisis.
How Long Does It Last?
After initiating the Baker Act, the person can be held for up to 72 hours. During that time, a mental health evaluation is conducted to assess the individual’s condition, and stabilization is provided to reduce mental distress.
After the initial 72-hour timeframe, the individual is released if their condition appears stable and it’s determined that they don’t need further treatment. However, if more treatment is necessary for their health and safety, they can be placed into involuntary inpatient treatment that can last up to 90 days or longer.
Additionally, even if someone is eligible for release after 72 hours, they can still opt for voluntary inpatient treatment if they feel more help would benefit them.
What’s the Difference Between the Baker Act vs. 5150 Hold?
While researching involuntary psychiatric evaluation, you may have also seen the term “5150 hold” come up. The main difference is that the 5150 hold is California’s law for involuntary psychiatric evaluation, whereas the Baker Act is the law in Florida.
They cover similar terms, where if someone is experiencing a mental health crisis and can’t recognize the need for evaluation on their own, they can be placed under an involuntary 72-hour hold and evaluation. However, some minor details may differ based on California’s and Florida’s state laws for mental healthcare.
Please refer to the laws and regulations in your state to ensure proper care measures are provided and the necessary criteria are met.
Criteria for Involuntary Examination
To qualify for the Baker Act, an individual needs to meet specific criteria. That includes:
- They have to be diagnosed with mental illness as defined by Florida Statutes, or there must be reasonable evidence that they have a diagnosable mental illness.
- The individual must have recently refused voluntary treatment and show clear signs that they cannot recognize the need for evaluation.
- There must be recent signs that they’re a danger to themself or others due to their mental health condition.
- They need to showcase an inability to care for themself, leading to serious risks.
The guidelines under the Baker Act state that these criteria must be met recently, so past actions from months or years prior won’t qualify someone.
Additionally, while substance abuse can co-occur with mental illness, symptoms caused only by substance use also don’t qualify someone for the Baker Act. It has to be specific to mental illness.
Suppose someone is struggling with substance abuse and refusing treatment. In that case, another Florida law called the Marchman Act may be able to help, or you can seek help from a local addiction treatment center like ours at United Recovery Project.
The Baker Act Process
To help sum things up, let’s review the entire step-by-step process of the Baker Act:
- Initiation: To initiate the Baker Act, you would need to bring the situation to the attention of a qualified person, such as a law enforcement officer, physician, or clinical psychologist, to get a statement that the individual in question qualifies for the Baker Act. You would then submit a petition to the local county court where the individual resides.
- Evaluation and treatment: If a judge determines that the Baker Act should be initiated, the individual will be held for medical and psychological assessment and stabilization for up to 72 hours. Treatment teams can help ease mental distress, provide a diagnosis, and recommend further treatment options during that time.
- Outcomes after initial evaluation: After the assessment and stabilization are complete, the individual may be released if it’s determined that no further risk is present, but they can still opt for more extended voluntary treatment. Or, if medical professionals determine that more treatment is necessary for health and safety, longer court-ordered involuntary inpatient treatment can be initiated.
Rights and Protections Under the Baker Act
Both the petitioner and the individual the Baker Act is filed against have rights and protections available.
The Rights of the Individual
The individual the Baker Act is filed against has a right to legal representation. They can present their case and explain why they don’t qualify or require evaluation.
They also have a right to communicate with family and legal counsel throughout the process. Even if the individual undergoes involuntary treatment, they can still contact others outside the treatment facility as long as it’s determined that being in contact with those people won’t cause more harm or distress.
The individual also has a right to confidentiality of medical records. Initiation of the Baker Act doesn’t give someone a criminal record, so more confidentiality is available, and it won’t appear under a criminal background check.
The Rights of the Petitioner
The petitioner has a right to present their case and is protected from legal or criminal liability when acting in good faith and out of concern for someone.
How United Recovery Project Can Assist
Research shows that about half of those who struggle with mental illness also struggle with a substance use disorder. Therefore, getting treatment for both conditions is crucial to making a full recovery. The Baker Act’s guidelines recommend seeking additional substance abuse treatment when needed after mental health stabilization is provided.
At United Recovery Project, we offer dual-diagnosis treatment for mental health and substance abuse. Our team provides residential care after a Baker Act hold is completed. Additionally, we assist with family consultation, crisis intervention, and stabilization to support your needs.
Contact us today to learn more about how the United Recovery Project can help with a transition to longer-term treatment or provide a consultation on the best treatment options for you or a loved one.
References
- Baker Act House of Representatives Staff Analysis. https://www.flsenate.gov/Session/Bill/2024/7021/Analyses/h7021c.HHS.PDF
- “Chapter 394 Section 455 – 2021 Florida Statutes – the Florida Senate.” Flsenate.gov, 2021, https://www.flsenate.gov/Laws/Statutes/2021/394.455
- “Statutes & Constitution: Online Sunshine.” Florida Legislative Statutes, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/Sections/0394.467.html
- Bethesda. Common Comorbidities with Substance Use Disorders Research Report. PubMed, Bethesda (MD), National Institutes on Drug Abuse (US), Apr. 2020, https://www.ncbi.nlm.nih.gov/books/NBK571451/
