Edit Article

Three Methods:Review the RequirementsInitiate the Baker ActFollow Up

When you Baker Act someone, you admit that person for an involuntary and emergency psychiatric exam. Note that the phrase "Baker Act" only applies to proceedings within the state of Florida. Other states have their own rules and proceedings concerning involuntary psychiatric care.

Ad

EditPart 1 of 3: Review the Requirements

  1. Baker Act Someone Step 1 Version 2.jpg
    1
    Educate yourself about the Baker Act. The Baker Act—more formally known as Chapter 394, Part I, Florida Statutes—is a piece of legislation that ensures and regulates emergency mental health services for individuals who pose a threat to themselves or others.
    • Note that the Baker Act is specific to the state of Florida.
    • The Baker Act covers both voluntary and involuntary emergency services, and these services include temporary detention, mental health evaluation, and mental health treatment.
    • The Baker Act also covers involuntary inpatient placement, involuntary outpatient placement, and the rights of patients admitted for mental health services either voluntarily or involuntarily.
    • You can review the full Baker Act manual online: http://www.dcf.state.fl.us/programs/samh/mentalhealth/laws/BakerActManual.pdf
    Ad
  2. Baker Act Someone Step 2 Version 2.jpg
    2
    Understand the difference between voluntary and involuntary admissions. A voluntary Baker Act is initiated by the actual patient. An involuntary Baker Act is initiated by an outside party and done against the patient's will.
    • A patient must be at least 18 years old to initiate a voluntary Baker Act. If the patient is a minor, the process must be started by a parent or guardian.
    • If a patient refuses voluntary entry due to his or her mental illness, a family member or other related party can initiate an involuntary Baker Act. When someone “Baker Acts” another person, involuntary admission is usually what's being referred to.
  3. Baker Act Someone Step 3 Version 2.jpg
    3
    Know the requirements for involuntary admissions. Understandably, you can only initiate an involuntary Baker Act if someone is in legitimate and obvious need of help. To that end, there are three basic and essential qualifications you must abide by.
    • The individual must appear to have a mental illness. He or she must also refuse voluntary examination or must be unable to understand the need for the exam due to that apparent mental illness.
    • The individual must appear to present a danger to himself/herself or to others. This also applies if the individual is incapable of living alone or with help, or if that individual is likely to suffer from neglect without treatment.
    • All less restrictive treatment options must be exhausted or otherwise inappropriate to the case.
  4. Baker Act Someone Step 4 Version 2.jpg
    4
    Check for certain signs. When assessing whether or not someone has a serious mental health problem in need of emergency care, there are a few behaviors to watch out for. That individual may exhibit some of the behaviors without demonstrating all of them.[1]
    • The individual may struggle with substance abuse, including the abuse of both legal and illegal drugs or the abuse of alcohol.
    • The individual may show excessive low self-esteem accompanied by feelings of hopelessness or helplessness, or that person may react with little interest to his/her surroundings.
    • Self-care issues are another major concern. These concerns address anyone who is barely sleeping or sleeping too much, or someone who refuses to eat, take prescribed medications, or maintain personal hygiene.
    • Elderly patients who wander at night, are especially and dangerously forgetful (leaving the stove on, etc.), or displaying uncontrollable anxiety may also qualify.
    • Other erratic behavior, including talk of suicide, hallucinations, disoriented actions or speech, and aggressive behavior can also qualify.

EditPart 2 of 3: Initiate the Baker Act

  1. Baker Act Someone Step 5 Version 2.jpg
    1
    Watch the individual. Monitor the patient's behavior and mental state closely. The Baker Act should only be used as a last resort, especially when considering involuntarily admission. If you think that there is another way to address your loved one's mental health problem or if you believe that it does not warrant emergency treatment, you should consider other alternatives.
    • Consider talking to your loved one about voluntary admission. Approach the topic in a non-threatening manner and back off if the individual becomes violent or shows signs of distress accompanied by adamant refusal. Keep in mind that the patient must refuse treatment before you can begin the proceedings for involuntary admission.
  2. Baker Act Someone Step 6 Version 2.jpg
    2
    Call the facility ahead of time. If you intend to go through with the process and suspect that the individual will be admitted involuntarily, it may help to call the mental health facility you expect that person to go to before you do anything else.
    • This step is not strictly necessary but may make the process easier.
    • Involuntary patients will go to the nearest receiving facility, so locate the nearest facility to determine who to call.
    • Get in touch with the admissions staff there. They can review clinical information and may give you approval for the admission. They can also verify if the patient will be admitted to their facility or to another one.
  3. Baker Act Someone Step 7 Version 2.jpg
    3
    Contact a mental health professional. A physician, clinical psychologist, psychiatric nurse, or clinical social worker has the authority to begin the process.[2]
    • If your loved one has a preferred mental health professional, consult that individual first. If not, turn to your loved one's physician or consult any local mental health professional.
    • The mental health worker will need to examine the patient and determine that he or she qualifies for involuntary admission. That doctor or case worker will then need to execute a certificate stating that the examination has taken place within the past 48 hours.
    • Any certificate issued will be sent to local law enforcement. From there, a law enforcement officer will take the named patient to the nearest receiving facility.
  4. Baker Act Someone Step 8 Version 2.jpg
    4
    Get help directly from the police if necessary. If your loved one is in need of urgent care and you cannot afford to wait long enough to go through other channels, call your local law enforcement and inform them of the situation. An officer can take a person who displays outward signs of the necessary criteria to a receiving facility for an examination.
    • This is usually done in cases where no time can be wasted. For instance, if someone has attempted suicide or is threatening suicide, self-harm, or harm to another individual, you should call the police instead of resorting to a longer method.
  5. Baker Act Someone Step 9 Version 2.jpg
    5
    File an ex parte order. If you have observed the individual in question and have witnessed troubling behavior, you can go to your local court clerk and file a Petition for Involuntary Examination. If the petition goes through, a judge will order a sheriff to transport the patient to the nearest receiving facility.
    • You must file this petition along with an affidavit stating that you have personally witnessed the individual causing harm to himself/herself or others. You must also state that you have talked to the individual about voluntary admission within the past several days.
    • You alone can file this petition if you are a family member of the patient. If you are not a relative, you will need to file alongside two other interested people.
    • The court will review the petition and affidavit(s). If the evidence seems significant enough, local law enforcement will then be sent for the patient in question.

EditPart 3 of 3: Follow Up

  1. Baker Act Someone Step 10 Version 2.jpg
    1
    Understand that this is only temporary. The nearest mental health receiving facility will gain custody of the individual after the Baker Act is initiated, but that custody will only last for 72 hours after the patient's arrival.[3]
    • Upon admission, the patient will receive a mental health examination and any emergency treatment necessary to stabilize his/her immediate condition. Treatment or the lack thereof will be applied as needed based on the results of this exam.
    • After 72 hours pass, the patient must be released or the facility must file a petition for involuntary placement.
    • The release must be approved by a psychiatrist or clinical psychologist.
  2. Baker Act Someone Step 11 Version 2.jpg
    2
    Learn about Involuntary Inpatient Placement (IIP). If the situation proves serious enough after the initial exam, the mental health facility might petition to place the patient under IIP.
    • IIP is the same thing as civil commitment. The individual will be admitted for further mental health treatment beyond without consent.
    • The patient must meet criteria similar to the criteria for involuntary admission and examination. A psychiatrist must support the decision and must also be backed by a second psychiatrist or a clinical psychologist.
    • After filing the petition, a court must order IIP.
    • IIP can be ordered for up to six months, but the stay can be extended after additional court hearings. Treatment will be received at a state mental health treatment facility or at a short-term residential treatment facility.
  3. Baker Act Someone Step 12 Version 2.jpg
    3
    Learn about Involuntary Outpatient Placement (IOP). IOP is less common than IIP. This is a form of commitment that mandates treatment for a patient who needs mental health care but does not need to be kept on-site at a treatment facility.
    • If IOP is ordered, the patient will be released into another individual's custody for the duration of his/her treatment.
    • The patient must have a history of noncompliance with treatment and must demonstrate that he or she is unlikely to survive within the community without supervision.
    • Within the last 36 months, that person must have received at least two Baker Act involuntary exams, received mental health services at a qualified facility, or demonstrated serious violent behavior or self-harm.
  4. Baker Act Someone Step 13 Version 2.jpg
    4
    Show your support. Recovery from a mental health disorder can be an uphill climb, and your loved one will need compassionate and watchful support during the entire process. Continue to show support during any court ordered treatment and after that treatment has after.
    • Those who struggle with mental health problems once are generally at a higher risk for later mental health problems, as well. Even if your loved one is healthy after treatment, you should continue to watch over him or her. If you suspect that the problem is returning, address those concerns appropriately by discussing them with the individual in question or by consulting a mental health professional.
    Ad


We could really use your help!

Can you tell us about
ankle injuries?
Yes
No
ankle injuries
how to tape an ankle safely
Can you tell us about
bruise removal?
Yes
No
bruise removal
how to get rid of bruises fast
Can you tell us about
Minecraft?
Yes
No
Minecraft
how to download Minecraft for free
Can you tell us about
pool tables?
Yes
No
pool tables
how to level a pool table
Thanks for helping! Please tell us everything you know about
...
Tell us everything you know here. Remember, more detail is better.
Tips
Provide Details.
Please be as detailed as possible in your explanation. Don't worry about formatting! We'll take care of it. For example:
Don't say: Eat more fats.
Do say: Add fats with some nutritional value to the foods you already eat. Try olive oil, butter, avocado, and mayonnaise.
Submit

EditSources and Citations

  1. ↑ http://www.windmoor.com/programs/baker-act.stml
  2. ↑ http://www.escambiaclerk.com/clerk/coc_baker_act.aspx
  3. ↑ http://www.dcf.state.fl.us/programs/samh/mentalhealth/docs/Baker%20Act%20Overview%202013.pdf

Article Info

Categories: Legal Matters

In other languages:

Русский: применить закон Бейкера, Español: Cómo aplicar la ley Baker, Italiano: Come Ricorrere al Baker Act in Florida

Thanks to all authors for creating a page that has been read 10,401 times.

Did this article help you?
Yes No

Become
an Author!

Write an Article