The Baker Act in Florida allows doctors, mental health professionals, judges, and law enforcement to commit a person to a mental health treatment center for up to 72 hours if they display certain violent or suicidal signs of mental illness.
The purpose of the Florida Baker Act is to allow time for a mental health evaluation to be performed and to de-escalate a crisis. This evaluation will confirm whether the individual is experiencing a mental health issue, and if the person is determined not to be a danger to themself or others, they will be released after the holding period.
The act is named after former Florida representative Maxine Baker and was established in the early 1970s as part of the Florida Mental Health Act. Notably, this act restored rights to many individuals with mental health issues by releasing those that were not a danger to themselves or others. But what does the Baker Act process look like?
If a person is Baker Acted in Florida, they are taken to a mental health hospital that is also a Baker Act-receiving facility . At the receiving facility, the individual must be psychologically examined within 72 hours (the 72-hour timeframe begins as soon as the Florida Baker Act form is filed and they are admitted).
If the person is deemed to be dangerous by two different mental health professionals, they will be admitted to a mental health facility (either voluntarily or under involuntary inpatient placement) . Less commonly, outpatient mental health treatment may be recommended for people with mental illness who do not need 24/7 care.
If the person is not found to have any mental health issues, or they have a non-dangerous mental health issue, they will be released within the 72-hour period.
In order to temporarily commit someone to a mental hospital they must meet the following criteria:
A person may also choose to a voluntary Baker Act, but they must be willing and able to consent to treatment.
In general, behaviors that can be considered indications of a mental emergency include the following:
Parties that can enforce a Baker Act in Florida include the court and law enforcement, medical professionals, and mental health professionals. If you’re concerned for the safety of a friend or family member and feel a Baker Act is necessary to evaluate their mental health you have a few options.
First, if a person is actively showing signs of severe mental illness, threatening to hurt themself or others, or appears detached from reality, calling the police will initiate the process of having that person Baker Acted immediately.
Alternatively, you could ask the court to have a person’s mental health evaluated by filing a petition. In this case, you would need to provide a written statement that documents the details of the mental illness and the reasons for a Florida Baker Act. You can do this at the county’s Clerk of Court office (for example, if you are in the Port St. Lucie area you would contact the Martin County Clerk of Court ).
It is in the best interest of both parties if the person filing the petition takes the time to find the best mental health hospital and Baker Act-receiving facility to ensure that the transition into treatment is as smooth as possible.
The Marchman Act and Baker Act are similar but apply to different circumstances. Simply put, the difference between the Florida Marchman Act and Baker Act in Florida is that the Marchman Act concerns a person who is incapacitated due to substance abuse rather than mental illness. When initiating the Marchman Act, the same conditions must be met (the person is unable to care for themselves or is a threat to themself or others, is detached from reality, etc.).
When a person presents with both a mental illness and a substance use disorder, they are said to have co-occurring disorders or comorbidity. Co-occurring disorders are common , with one condition often leading to the other. In these situations, it’s imperative that conditions are treated simultaneously in dual diagnosis treatment , rather than one at a time.
The Port St. Lucie Hospital is one of the dual diagnosis residential treatment centers in Florida that offers inpatient mental health and addiction treatment at the same time. As a Baker Act-receiving facility, we also offer crisis care for those suffering from acute psychiatric distress. The facility also offers medical detox services , which means that the multidisciplinary staff can treat a patient from crisis care admission to detox, to mental health and addiction treatment completion.
In addition to these services, the Port St. Lucie hospital also offers adult and senior mental health programs , and a partial hospitalization program . Each of these programs can be tailored to individual patient needs.
We welcome you to our facility. From Baker Acts to dual diagnosis, support groups, and individual therapy treatment options, we are here to help you achieve long-term recovery. Reach out to us online today, or call us at (772) 238-7734.
