Mental health conditions can affect a person’s cognitive, physical, and social health. The symptoms of mental health conditions can keep people from taking care of themselves. People may not be able to make good decisions about their well-being.
Many people with mental health conditions do not seek treatment when they need it. Denial about their condition and lack of access to resources can keep people from realizing they need help. Severe symptoms can prevent people from seeking the treatment they need to manage their mental health.
In the state of Florida, family members and other loved ones may use the Baker Act to help someone with mental illness get treatment. This Florida statute allows for involuntary inpatient placement for those living with a severe mental illness.
This article will provide an overview of the Baker Act. You will learn:
- The Baker Act criteria for involuntary examination and treatment
- When it is appropriate to use the Baker Act
- How to get court-ordered mental health treatment for a loved one
- Where to find advice, treatment, and support
If someone you love struggles with a mental health condition and needs treatment, you are not alone. Support and mental health treatment are available at Agape Behavioral Center. Contact our specialists to learn more about using the Baker Act in Florida or to explore our treatment programs.
What is the Florida Baker Act?
The Florida Mental Health Act (which many call the Baker Act) is a Florida law. This law allows for the involuntary evaluation and treatment of people with severe mental health conditions. This law allows people to seek involuntary commitment for someone who refuses to seek treatment for mental health issues.
The Baker Act was named after Maxine Baker, a Florida legislator who helped to pass this law. This critical legislation allows for involuntary commitment to a mental health facility for mental health examination and treatment. It can help people get treatment for mental illness when they are unable to make decisions in their own best interest.
When is it Right to Use the Baker Act?
According to the language of the Baker Act, “mental illness” means “an impairment of the mental or emotional processes that exercise conscious control of one’s actions or the ability to perceive or understand reality.”
Using the Baker Act can be a significant step toward getting someone the help they need to manage their mental health symptoms. Friends, family members, and other loved ones may not understand when it is appropriate to use the Baker Act.
The Baker Act is a critical tool that may help people with mental health conditions get crucial help. Often, the symptoms of a mental illness can keep people from recognizing the need for treatment. Mental health symptoms can also impact a person’s ability to seek treatment independently. It can also keep people from participating in their treatment plans.
Family members or friends may enact the Baker Act to commit someone to a treatment center involuntarily. While involuntarily committed, mental health professionals, including psychiatrists, clinical social workers, and others, may evaluate the person and recommend treatment.
Here are some signs that it may be appropriate to enact the Baker Act:
- The person is an immediate risk to themselves or others
- The symptoms of a mental health condition are severe and require immediate intervention
- Your loved one is in crisis and requires immediate help to remain safe
- The person can no longer make healthy decisions about their mental or physical health treatment
- You have attempted to convince them to seek treatment but have been unsuccessful
There are strict criteria someone must meet in order to use the Baker Act. These include:
- The person is unable to care for themselves because of their mental health symptoms
- They are experiencing severe symptoms of depression or anxiety
- There is a risk of self-harm, suicide, or injury to others
- The person is experiencing hallucinations or delusions
If someone you love meets any of these criteria and refuses to seek treatment on their own, you may be able to enact the Baker Act for involuntary commitment.
In Florida, there is also a law called The Marchman Act. This law allows concerned loved ones to petition someone for involuntary substance abuse evaluation and treatment.
How to Baker Act Someone in Florida
If you believe your loved one meets the criteria for an ex parte order for involuntary examination under the Baker Act, you can follow these steps to start the process.
- Contact your local law enforcement officers or emergency mental health services department.
- Describe your situation. Include information about your loved one’s behaviors and why you believe they need emergency help.
- A mental health professional will assess your loved one to determine if a 72-hour involuntary hold is appropriate.
- If the mental health professional determines involuntary commitment is appropriate, they will apply for involuntary assessment. The professional will submit the application to a mental health treatment facility.
- Law enforcement officers will transport your loved one to the facility for assessment and treatment.
Reach out to the specialists at Agape Behavioral Center to learn more about using the Baker Act.
Find Treatment and Support Now
If you or someone you love requires treatment for a mental health disorder, you are not alone. You can find treatment and support at Agape Behavioral Center. Reach out with questions or to schedule an intake appointment.
References:
- University of Florida Health: Baker Act
- My Florida Families: Baker Act FAQs
