You asked for a summary of florida s law on substance abuse treatment, including involuntary commitment provisions and how these compare to connecticut law. The baker act is a florida law that allows for a person to be held involuntarily for up to 72 hours for psychiatric evaluation and stabilization. Florida baker act form printable fill out and sign printable pdf. Before the florida mental act, the mental health laws were established in 1874. Chapter 394 of the florida statutes is known as the baker act and as the florida mental health act. The baker act, first enacted in 1971 and subsequently amended, represented floridas attempt to regulate the involuntary examination and commitment of persons who allegedly were mentally ill. An involuntary baker act is when a person is taken to a receiving facility for involuntary examination when there is reason to believe that he or she is mentally ill and because of his or her mental illness, the person has refused voluntary examination. The baker act allows for the initiation of involuntary psychiatric examination of children without parental knowledge or consent and according to the annual report of baker act data, 32,475 minors.
Certificate of professional initiating involuntary examination. Act trainings, c developing and maintaining eight online training modules related to the baker act, d providing technical assistance in the form of reports of data and responses to questions from a variety of stakeholders, and. Florida baker act forms university of south florida. There is reason to believe the above named person has a mental illness, as defined in 394. Even if she seems to be improving, watch her very carefully. Under the baker act, as the mental health authority of florida, the department is responsible for the planning, evaluation, and implementation of a complete and. The baker act the florida mental health act the baker act is named after maxine eldridge baker, the former dade county representative for the florida house of representatives who sponsored and championed the legislation for seven years before its passage in 1971 and enactment in 1972. Involuntary commitment under the baker act laws of florida. The baker act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its consequences and are able to fully exercise their rights for themselves. It sounds to me like you are seeking to have a court record sealed or expunged in florida so that the fact that the baker act was used to hold you for a while in 1997 does not appear on the records of the court.
The florida mental health act today is known more commonly as the baker act. Baker act forms baker act reporting university of south florida. Marchman act citrus county citrus county intervention help marchman act citrus county florida marchman act beverly hills, marchman act black diamond, marchman act citrus hills, marchman act citrus springs, marchman act crystal river, marchman act floral city, marchman act hernando, marchman act homosassa springs, marchman act homosassa, marchman act inverness, marchman act lecanto, marchman. The florida mental health act of 1971, also referred to as the florida baker act and the, is a florida statute found under chapter 394 that allows for the involuntary examination though of an individual through involuntary or emergency commitment.
Baker act and marchman act petitions will be accepted and processed at the clerks probatemental health office from 8. Hello therei am sorry to hear about all of this and hope i can provide some assistance. These laws were out of touch and outdated with the needs of patients in society. Crisis stabilization units csu fl agency for health care. Alterations of recommended forms may jeopardize this status. Top annual report of baker act data university of south florida the law is widely referred to as the baker act in honor of maxine baker, the former state representative who sponsored the act. Since the baker act as well as free, online training. The baker act benchguide was developed to serve as an educational resource and a userfriendly reference for florida circuit judges who are dealing with proceedings under the baker act. Baker act mandatory form format required by department and may not be altered by authority of s. The baker act handbook for 2008 the florida department of children and families in conjunction with south florida university has composed a handbook for 2008. The baker act is a florida law that enables families and loved ones to provide emergency mental health services and temporary detention for people who are impaired because of their mental illness, and who are unable to determine their needs for treatment. The florida mental health act, or the baker act obr. Mental health office location lake county courthouse ch 550 w. Selected sample baker act forms for involuntary inpatient.
Csus must be designated as a baker act receiving facility by the department of children and families dcf prior to being licensed by the agency for health care administration. Baker act involuntary examination quick reference guide for receiving. The baker act, formally known as the florida mental health act, gives officials, as well as those who deem it necessary, the right to examine those who are suspected of suffering from a mental illness within the state of florida, even against their will. How are voluntary and involuntary baker act admissions different. Cfmh 3052b, jul 2020 obsoletes previous editions baker act mandatory form format required by department and may not be altered by authority of s. The florida mental health act the policy and services. Ex parte order for involuntary examination spanish. Has the professional completed the baker act training offered through fmhi. Baker act receiving facility staff perceptions of community. Cfmh 3002, feb 05 obsoletes previous editions recommended form baker act. Baker act hearings because of limited resources in the state courts system, the offices of the public defender and state attorney of the thirteenth judicial circuit, it is necessary to reduce the number of mental health receiving facilities at which baker act hearings are scheduled. The florida mental health act baker act 2003 annual report 5 while law enforcement and the forms from judges designate the county, the mental health professional form does not ask the individual completing the form to indicate the county in which. The baker act provides for voluntary or involuntary examination and treatment of mentally ill persons. The baker act, part 1 of chapter 394, florida statutes, provides for voluntary or involuntary examination and treatment of mentally ill persons.
Baker act florida mental health act the baker act also known as the florida mental health act, named after former state representative maxine baker, was enacted in 1971. Provisions of the act allow for the involuntary treatment of those individuals if very specific. If you believe you need mental care, you know someone who you believe needs to be committed for his or her own safety, or youre on the opposite side and someone else is taking or has taken. Interim report 2009105 october 2008 florida senate. The legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the baker act, part i of this chapter, which is intended to provide shortterm treatment to individuals with serious mental disorders and then return them to the community. The florida mental health act of 1971 florida statute 394. Sutton place behavioral health, inc 463142 sr 200 yulee fl, 32097. The act, usually referred to as the baker act, was named after maxine baker, former state representative from miami who sponsored the act, while serving as chairperson of the house committee on mental health. The clerk of the court shall immediately notify the public defender of such. Cchr florida applauds passage of law to protect children. Once the student has met legal criteria for a baker act, law enforcement will follow st. A copy of the baker act form shall be part of the patients clinical record. Cfmh 3052b, jul 2020 obsoletes previous editions baker act mandatory form format required by department and may not be.
St johns county school district student services department. Aug 25, 20 last week i did my very first involuntary hospitalization or as we call it here in florida, a baker act of an adult involuntary hospitalization or commitment is actually a legal procedure where an individual who is showing severe signs of a mental illness such as suicidal thoughts, homicidal thoughts, selfneglect or any other potential to intentionally or unintentionally harm themselves. Please note, that mandatory forms may not be altered. Also, srts must be affiliated with a designated baker act receiving facility prior to being licensed. Try to get her help in the form of mental health counseling or medication. A copy may be retained by the law enforcement agency and by the medical transport service. The florida mental health act of 1971also frequently called the baker act due to being named after florida state representative miriam baker, who was a major advocate of mental health issues and sponsored the original billallows for the involuntary or emergency institution of an individual for the purpose of an examination. While the baker act defines mental illness as excluding conditions manifested only by substance abuse impairment. Last week i did my very first involuntary hospitalization or as we call it here in florida, a baker act of an adult involuntary hospitalization or commitment is actually a legal procedure where an individual who is showing severe signs of a mental illness such as suicidal thoughts, homicidal thoughts, selfneglect or any other potential to intentionally or.
Forms submitted to the baker act reporting center include. This individual was transported from an emergency department ed to a baker act receiving facility. Under florida law, email addresses are public records. Marchman act citrus county citrus county intervention help marchman act citrus county florida marchman act beverly hills, marchman act black diamond, marchman act citrus hills, marchman act citrus springs, marchman act crystal river, marchman act floral city, marchman act hernando, marchman act homosassa springs, marchman act homosassa, marchman act. It is named for maxine baker, a state representative who worked to strengthen the rights of mental. Annual report of baker act data university of south florida the law is widely referred to as the baker act in honor of maxine baker, the former state representative who sponsored the act. Cfmh 3052a, jul 2020 obsoletes previous editions baker act mandatory form format required by department and may not be altered. Sutton place is outpatient only, no inpatient or detox in nassau county if you have experience with the marchman act or associated treatment programs in nassau county we invite you to share you experience below. Bakers intention was to have more people seek mental health help on their own as opposed to having people committed by their friends and family. The baker act is a tool to facilitate the proper care and treatment of mentally ill individuals in a dignified manner and to ensure the return of the patient to the community as soon as possible. This is after former representative maxine baker who supported the florida mental health act. A psychiatrist will evaluate the patient within 24 hours of arrival at the david lawrence center.
The baker act allows for involuntary examination what some call emergency or involuntary commitment, which can be initiated by judges, law. Baker act involuntary examination criteria, processes and. Involuntary exams of those in question would take place after the accused has refused a voluntary exam, is shown to be unable to. Those affected by the baker act are only examined against their will because it is in their best interest, as deemed by the officials in each individual case. Notary public state of florida deputy clerk my commission expires. Mar 29, 2019 how to understand your rights under the baker act. Fill out, securely sign, print or email your florida baker act forms instantly with signnow. The florida mental health act was passed in 1971 and was a substantial change to the preexisting mental health laws in florida. Please click here for department of children and families mandatory and suggested baker act forms in english, spanish and creole. Florida s substance abuse impairment act governs the voluntary and involuntary commitment and treatment for substance abuse fl. The links on this page all require the use of the adobe reader which is free from the web site or microsoft word. Within 1 court working day after the filing of a petition for involuntary inpatient placement, the court shall appoint the public defender to represent the person who is the subject of the petition, unless the person is otherwise represented by counsel. Baker act forms please click here for department of children and families mandatory and suggested baker act forms in english, spanish and creole. The baker act is not to be used as a form of punishment for the person in question but, rather, as an avenue to treatment.
You can go to any clerk of court in floridas website and look up a persons name online, or go to the clerks and ask for the file. Advisory legal opinion confidentialitydeputys event. With its large influx of elderly persons, and with a similar problem in dealing with increased numbers of homeless persons, florida adopted a law which. Florida baker act forms florida department of children. This form must be delivered with the person to the receiving facility for inclusion in the clinical record. Access mandatory and suggested baker act forms by the department of children and families.
You can go to any clerk of court in florida s website and look up a persons name online, or go to the clerks and ask for the file. This individual was first transported to an ed to address a medical issue. This individual was transported directly to a baker act receiving facility. The baker act, also known as the florida mental health act florida statute chapter 394, part i is a law that was passed to ensure and regulate emergency mental health treatment services for those suffering from a mental illness. Involuntary examination under the baker act in 1971, the legislature passed the florida mental health act also known as the baker act1, codified in part i of ch. The baker act ninth judicial circuit court of florida. The baker act is the florida mental health law in the state of florida. Is it public record when a person is baker acted but not. Marchman act forms recommended recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. A baker act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required, either on a voluntary or an involuntary basis. Certificate of professional initiating involuntary examination all sections of this form must be completed and legible please print. If baker act is warranted if the student qualifies for a baker act, the following will occur. Floridas baker act law is a means of providing individuals with emergency services and temporary detention for up to 72 hours for mental health examination.
Free online training baker act free training programs. Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. It is named for maxine baker, a state representative who worked to strengthen the rights of mental patients. Cchr florida applauds passage of law to protect children from. Baker act forms baker act reporting university of south. Cfmh 3001, jan 98 obsoletes previous editions recommended form baker act.
Has the law enforcement officer initiating this examination. Crisis stabilization units csu fl agency for health. The fact that a person has had a baker act against them is public record in florida. Dec 20, 2012 another florida act the florida mental health act, or baker act governs voluntary and involuntary examinations and treatment for mental illness other than substance abuse impairment fl. Jun 29, 2017 the baker act allows for the initiation of involuntary psychiatric examination of children without parental knowledge or consent and according to the annual report of baker act data, 32,475 minors. Johns county sherriffs office baker act protocol regarding transportation to the nearest designated child.
256 1133 1102 221 596 639 90 467 1281 92 79 654 947 228 313 1424 677 1278 591 1532 1561 80 1497 1428 980 1431 878 71 1236 548 54 38 748 429 985