The Baker Act is a Florida-based law created to establish legal procedures surrounding the involuntary examination and treatment of individuals living with mental illness. This law helps prevent indiscriminate admission, ensuring individuals are only admitted to a mental health facility with just cause. The Baker Act encourages individuals to seek voluntary treatment. However, if any individual may harm themselves or others, this Florida statute allows involuntary intervention.
While the Baker Act applies specifically to Florida, other states have similar involuntary commitment laws surrounding mental health concerns.
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The Baker Act, or the Florida Mental Health Act of 1971, is a law in the state of Florida that allows mental health professionals, doctors, law enforcement, and judges to commit an individual to a mental health treatment facility.
However, these legal mental health examinations and treatment procedures can be voluntary or involuntary. These scenarios apply to individuals 18 years or older who are deemed a threat to themselves or others, focusing on crisis and emergency services.
The criteria are as follows:
While involuntary holds may be necessary, the Baker Act primarily encourages people to seek mental health treatment voluntarily and protects their rights to prevent being held unnecessarily.
The Baker Act is a statute that applies only to Florida. However, Baker Acting has become a common term for explaining involuntary commitment throughout the United States. There are equivalent laws in all states, with involuntary commitment existing to some extent. These laws exist to protect the public, including those who pose risks to themselves and others.
Often, a family member or advocate must step forward to begin the legal process. However, the procedures differ from state to state. Typically, these laws and associated procedures aim to balance public safety and personal rights.
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In 1971, the Florida Legislature passed the Florida Mental Health Act. It went into effect on July 1, 1972, and included some significant revisions — the Baker Act being one of them. This Act aimed to prohibit indiscriminate admission of people to state institutions, including those as young as 12 years old.
The Act was named after Maxine Baker, the former State Representative from Miami. She was the chairperson of the House Committee on Mental Health and was the one who sponsored the Baker Act.
Baker wanted to increase community care for those with mental illnesses and encourage voluntary commitment. She famously said, “In the name of mental health, we deprive them of their most precious possession – liberty.”
Since the Baker Act became effective, several changes were made to protect the civil rights of citizens, with the most substantial reform occurring in 1996, which included:
The Baker Act and the Marchman Act both focus on processes for those incapable of determining their need for treatment and individuals who may harm themselves or others. The primary difference is why someone is committed.
The Baker Act applies to mental illness, whereas the Marchman Act relates to substance abuse. However, based on the link between mental illness and substance use disorder, cases often overlap, applying to the Baker or Marchman Act.
In recent years, there have been concerns surrounding children and involuntary commitments. For over 15 years, the number of children for involuntary psychiatric evaluations under the Baker Act has increased — at a pace faster than any other age group. The issue is that one of the factors to initiate an involuntary exam can not be met with children — which involves someone refusing a voluntary exam or being unable to determine if one is necessary.
Many advocates are pushing back since the Baker Act was not designed for children, and minors cannot legally consent. They want to ensure children are treated differently than adults within the commitment process to avoid traumatic experiences.
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