What Is the Baker Act?

Witnessing a loved one suffer from a mental health crisis can be terrifying, especially if they refuse treatment or do not understand the seriousness of their illness. When someone cannot make rational decisions, they may need support, but knowing how to help them or what you can do can be difficult. You may have heard the term “Baker Acting someone” regarding committing someone to mental health treatment. So, what is the Baker Act, and how can you use it to help a loved one struggling with mental health concerns?

 

Understanding the Baker Act

The Baker Act, also known as the Florida Mental Health Act of 1971, is a statute designed to assist people with mental health issues, especially if they are a danger to themselves or others. This statute applies only in Florida; however, there are equivalent laws in other states, and Baker Acting someone has become a common term for involuntary mental health commitment throughout the U.S.

The act allows mental health professionals, doctors, law enforcement, and judges to commit someone to a mental health facility for up to 72 hours. The Baker Act allows time for a mental health evaluation, treatment, and 24-hour care to de-escalate a crisis. Clinicians can confirm whether the person is experiencing a mental health issue and determine whether they are a danger to themselves or others. If they are not, they will be released after the holding period.

Purpose of the Baker Act

To understand what is the Baker Act, let’s explore its purpose. It’s a means of providing people with emergency mental health services and temporary detention for up to 72 hours. It is only intended to initiate psychiatric examination and treatment. This law helps people help their loved ones who are impaired because of mental illness and unable to determine their treatment needs get help in a safe environment. Its purpose is not to provide treatment but to evaluate, stabilize, and develop an ongoing treatment plan. The person may be discharged before the 72-hour hold if the patient is no longer a threat to themselves or others. The Baker Act aims to help the person get the best level of appropriate care while respecting their rights.

What Is the Baker Act? Criteria for Involuntary Examination

The statute states that a person may be transported to an approved receiving facility. It is also possible for a person to Baker Act themselves, but they must be willing and able to consent to treatment. To invoke the Baker Act in Florida and commit someone to a mental health hospital, they must meet the following criteria:

• The person is mentally ill or believed to be so. This does not include substance abuse impairment or developmental disability.
• The person refuses voluntary mental health evaluation or does not understand why one is necessary.
• The person is a threat to themselves or others or is incapable of caring for themselves.

Some behaviors that are considered indicators of a mental health crisis include hallucinations, suicidal thoughts, inability to care for oneself, depression and hopelessness, and, at times, substance abuse. The Marchman Act is more appropriate for someone with excessive substance abuse that incapacitates them, but under certain circumstances, the Baker Act may apply as well.

The Process of the Baker Act

Family members or loved ones of a person experiencing a mental health crisis can call law enforcement, who will initiate the process immediately and transport the person to a Baker Act-receiving facility. Alternatively, a petition can be filed through the court to have the person’s mental health evaluated. A written statement documenting details of the person’s mental illness and reasons for a Baker Act need to be provided.

When a person is Baker Acted in Florida, they are taken to a mental health hospital that is also a Baker Act-receiving facility. Once at the receiving facility, the person must be psychologically examined within 72 hours, beginning as soon as the Baker Act form is filed and admitted. A psychiatrist and a second mental health professional must both personally evaluate the patient to ensure they meet The Baker Act criteria.

Duration and Outcomes of the Baker Act

Baker Acted people may not be held for longer than 72 hours at the receiving mental health facility conducting the initial evaluation. Within 72 hours, one of the following events must take place:

• The person must be released within 72 hours unless charged with a crime.
• The person must be released for outpatient treatment.
• The person must express or ask for continued treatment voluntarily.
• A petition for involuntary treatment placement must be filed with the court by the mental health facility’s administrator if the person is determined to be a danger to themselves or others still and does not understand the need for treatment.

Legal and Ethical Considerations

The Baker Act can help stabilize someone who does not realize they are experiencing a mental health crisis. However, it does not guarantee the person receives continued mental health treatment after the 72-hour hold. A mentally ill person can be released into a world with little or no after-care services.  Without continued care, it is too easy for the person to fall back into a crisis. There are also concerns about The Baker Act being misused on young children or the elderly as a way for caregivers to not deal with difficult people.

Impact of the Baker Act on Families

The Baker Act may lead to continued involuntary treatment if the receiving mental health facility administrator and the court deem it necessary. Involuntary treatment can give the person the help they need, even if they don’t recognize the need for treatment. The person may be resentful towards their loved ones, in this case, while they come to terms with their mental health issues and how their loved ones acted out of concern. Being Baker Acted may be the wake-up call the person in question needs to seek ongoing voluntary mental health treatment.

Once the 72-hour hold is up, the person may be released to their loved ones with a plan for outpatient treatment. This may put some strain on families, ensuring their loved one goes to outpatient treatment after being stabilized. Once they are released, nothing is forcing the person to continue with treatment.

Alternatives to the Baker Act

When someone is Baker Acted in Florida and taken to a receiving facility, those facilities tend to be in a sterile hospital setting. If your loved one is going through a mental health crisis and refusing to get treatment, you can let them know you intend to use the Baker Act. You can offer to take them to a private, inpatient treatment center as an alternative, which may help them agree to voluntary treatment.

Another alternative is the Marchman Act in Florida, which is the voluntary and involuntary assessment/stabilization of someone struggling with substance abuse. This law allows family members to petition courts when seeking mandatory assessment and treatment of severe substance use disorders. It helps families get their loved ones into court-ordered assessment, detox, and long-term treatment programs when they refuse treatment.

If You’re Wondering What Is the Baker Act, WhiteSands Treatment Can Help

Mental health disorders sometimes co-occur alongside substance abuse, which can worsen symptoms and even lead to a crisis. If your loved one is struggling with mental health and substance abuse, getting them to agree to treatment for dual diagnosis as soon as possible can prevent a crisis and having to use the Baker Act. People with co-occurring disorders need personalized treatment, and WhiteSands Treatment offers top-rated dual-diagnosis treatment programs to treat mental health disorders with substance abuse simultaneously. We offer all levels of care, including medical detox, inpatient treatment, and outpatient treatment, to meet each person’s needs.

If you want more information about our programs or how to start the admissions process, please contact us online or call 877-855-3470.

If you or a loved one needs help with abuse and/or treatment, please call the WhiteSands Treatment at (877) 855-3470. Our addiction specialists can assess your recovery needs and help you get the addiction treatment that provides the best chance for your long-term recovery.