Saturday, May 18, 2013

How to Baker Act Someone

Baker Acting someone is not an easy thing to do. If someone you love is out of control and you fear for their safety or the safety of others, you can have them involuntarily Baker Acted and observed for 72 hours. This term is only used in Florida; other states usually refer to it as an involuntary psychiatric hold.

Suggestions

  1. Review the requirements for the Baker Act. You can speak to a psychologist or other mental health care professional, or review chapter 394 of the Florida statutes.
  2. Keep an eye on your friend or family member. Try to get her help in the form of mental health counseling or medication. Even if she seems to be improving, watch her very carefully. Using the Baker Act is a last resort.
  3.  Talk to your friend about voluntarily Baker Acting himself. Anyone 18 years of age or older can Baker Act himself. If the person is under 18, parents must provide the authorization.
  4. Contact your friend's mental health professional. If she doesn't have one, skip to Step 5. Any mental health professional can authorize the psych hold if he feels it's necessary.
  5. Call the police if the person is placing himself or someone else in immediate danger. This includes threats of suicide or initiating a suicide attempt. Law enforcement officers can take him into custody and request that he be put on a 72-hour psych hold.
  6. File an ex parte order at the clerk of court's office for your county. To do this, you must have witnessed the criteria for initiating the Baker Act and swear to it. You must have discussed voluntary Baker Acting with the person previously. Fill out the necessary paperwork at the clerk's office, and after it's processed, a law enforcement officer will take the person into custody. A mental health professional will then evaluate your friend.

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