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The primary things about how to baker act someone!

The baker act attorney Florida allows for the temporary detention and investigation of persons showing signs of mental illness at risk of harming own self or others. This causes danger from self-neglect as well as physical harm. The Baker Act was aim at protecting the rights of the involuntarily committ. It replaced the previous State Mental Health Act of 1874.

What are the criteria for Baker’s act?

Acceptance of the Baker Act may be voluntary or involuntary.

  • To involuntarily commit someone to probation under the Baker Act, the following criteria must be met:
  • It is necessary “reason to believe” that the person suffers from a mental illness, and because of the mental illness:
  • The person refused to be examin, even after a “conscientious” explanation and disclosure of the purpose of the examination. Or, due to mental illness, the person cannot determine that an A examination is need.
  • Lack of proper treatment will present a “real and present” threat of substantial neglect from lack of self-care. That cannot be avoide by intervention. Assistance from family and friends, or other quick services.
  • In the absence of less treatment. The individual is highly likely (based on recent behavior) to reasons serious physical injury to himself or others in the future.

How does Baker act someone?

There are three ways a person can be Baker act: through the circuit court, the police, and some medical professionals.

Circuit Court

The court system is divide into 20 judicial districts. Petition and affidavit seeking an ex parte order requiring an involuntary trial must be file in the court where the person you want Baker Act lives. Once you search your court below, you can either visit the website or request specific instructions on how to apply and submit the forms. In some cases, further documentation will be required, which will save you time. There is no fee for completing the form. In some cases, you may also need to file a lawsuit with the County Clerk rather than the District Court.

A law enforcement officer

A law enforcement officer can able to take a person meeting the criteria of the Baker Act into custody and facilate them to the nearest receiving facility. It is usually recall with a phone call from a friend, family member, or bystander (if the incident is in public) after witnessing behavior that suggests the person may be mentally ill and in danger. The police officer again submits a written report detailing the circumstances of the detained person.

Some professionals!

A qualified expert can submit the certificate, authorizing the law enforcement officer to take the person into custody and transport him to a reception facility.

Professionals who can do this are:

  • Doctors
  • Clinical psychologists
  • Psychiatrists
  • Mental health counselors
  • Marriage and Family Therapist
  • Psychiatric nurses
  • Clinical social workers

The certificate states that within the past 48 hours, they have personally investigated someone they believe meets the criteria for the Baker Act, including a report of the observations on which they based that conclusion. Again, a police officer is employ to take the person into custody and transport him to the nearest reception facility. Both the report and the certificate become part of the clinical record.

What happens after the Baker Act expires?

Within three days, the person must be release either for patient treatment or on their recognizance if:

  • They are charge with a crime.
  • They give “express and informed consent” to voluntary detention or admission.
  • A consultant must certify that the individual is capable of making “well-reasoned, voluntary, and informed decisions” about his or her mental health and medical condition, OR
  • The facility manager files a motion for involuntary placement in the circuit court for the baker act. In the latter case, the initial three-day holding period may be longer if the period falls on a weekend or holiday. In such a case, the proposal must be submit on the following working day.
  • If the facility administrator has filed a motion for involuntary placement, a regular hearing will be hold within five business days. The only thing is if the subject of the Baker Act requests – and is grant – a continuance from the court.

What is it like to play Baker act?

Regardless of the three methods used, it all starts with the person being pick up by a law enforcement officer. That is, if the person is no longer in the reception facility. For example, if the hospital serves the receiving facility and the person goes to the emergency room for care, whether related or unrelated to mental illness.

The attending physician can determine that the person meets the criteria of the Baker Act and detain the person in the facility. If a police officer picks up a person, they will be take to one of three locations: Hospital Emergency. If a police officer determines that an individual is experiencing a medical emergency (as stated in the law), they can take them to a hospital emergency. This hospital may or may not be a Baker Act receiving facility.

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