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FOR IMMEDIATE RELEASE
Oct., 2011 -- What is a Baker Act?
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.
How are voluntary and involuntary Baker Act
Admissions different?
A voluntary Baker Act is when a person 18 years of age or
older, or a parent or guardian of a person age 17 or under,
makes application for admission to a facility for observation,
diagnosis or treatment.
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 person is unable to determine for himself or herself whether
examination is necessary and without care or treatment, the
person is likely to suffer from neglect or refuse to care
for himself or herself and such refusal could pose a threat
of harm to his or her well being; and there is a substantial
likelihood that without care or treatment, the person will
cause serious bodily harm to himself, herself or others in
the near future as evidenced by recent behavior.
Are there other criteria to know if a Baker
Act is appropriate?
Yes, there is an additional criterion for a voluntary and
involuntary Baker Act not included here. For example, a law
enforcement officer may transport an individual to a facility
for evaluation if there is reason to believe that the individual's
behavior meets statutory guidelines for involuntary examination.
What is an ExParte Petition for Involuntary
Examination?
If you are willing to swear in a Petition for Involuntary
Examination that you have personally witnessed an individual
causing harm to themselves or others, an "ExParte"
for an Involuntary Examination can be completed at the Clerk's
Office, Mental Health Division.
What is the procedure for filing the Petition and Affidavit
Seeking ExParte Order Requiring Involuntary Examination?
A family member or interested person may fill out the petition
and affidavit in the Clerk's Office. You will need to provide
proper identification and have personally witnessed the individual's
actions.
What happens after I file the Petition and Affidavit?
Your sworn affidavit will be reviewed by the court. If the
court believes, based on the evidence provided in the petition
and affidavit, the judge will enter an order for the sheriff
to pick up and transport the person to the nearest receiving
facility.
When will the order be served on the person?
The sheriff will make every attempt to take the person into
custody and transport the person to a facility. If the person
cannot be located by the sheriff, the sheriff will hold the
order for seven (7) days and continue attempts to take the
person into custody.
How long will the order hold the person in a facility?
A person may not be detained for more than 72 hours.
Inspirations for Youth and Families, aka
Inspirations Teen Rehab is providing the Baker Act information
above due to the high volume of parents questioning about
The Baker Act and how it can help them in getting their adolescent
to and addiction treatment facility.
Reach out to us. Recovery from addiction is just a click or a phone
call away. If the information you are looking for is not found here and you
need immediate attention you may contact us:
Teen Addiction Help: 1-888-757-6237
Addiction Treatment for Young Adults and Adults : 1-888-387-6237
http://www.covecenterforrecovery.com
or e-mail
us.
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