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Florida Baker Act CriteriaThe person is mentally ill (or is believed to be mentally ill).The person refuses a voluntary mental health evaluation or doesn't understand why one would be necessary.The person is a threat to themself or others, or the person is incapable of caring for themself.
The Florida Mental Health Act, commonly known as the Baker Act, enables loved ones or others to request emergency mental health services for a person who cannot or will not request help for themselves.
If the court concludes that the person meets the criteria for involuntary placement, it must order that the person be retained at or transferred to, or treated at an appropriate receiving or treatment facility on an involuntary basis, for a period of up to 6 months.
Many people have heard a reference to someone being Baker Acted. Being Baker Acted essentially means that a person has exhibited some extreme behavior that insinuates a mental illness, and without care or treatment, may result in harm to themselves or to others.
The Baker Act is a Florida law that allows people with mental illnesses to be held involuntarily for up to 72 hours in a mental health treatment facility if they meet certain criteria. The act can be initiated by judges, law enforcement officials, doctors or mental health professionals.
Perform Baker Acts? A psychiatric resident can initiate an involuntary examination under the Baker Act only if he/she is fully licensed in Florida as a medical or osteopathic physician under chapters 458 or 459, FS. If not licensed as a physician in Florida, he/she cannot initiate the Baker Act examination.
If a person in position to initiate the Baker Act deems it appropriate for the person in question, then that person will be involuntarily institutionalized for no more than 72 hours. During that time, an examination will be performed to determine if the person is suffering from a debilitating mental illness.
§32.03. THE BAKER ACT: MENTAL HEALTH. 32-3. DCF is responsible for designing, assessing and implementing Florida's mental health program, which includes community services, receiving and treating facilities, research and training.
BA32 is done when a BA40 runs out and the mental health doctor does not believe the person should be released and they file a BA32 to keep them at the facility. For more information visit , or call the Apalachee Center INC at 850-523-3333.