Florida Mental Health Act
The Florida Mental Health Act, commonly known as the Baker Act, is a significant piece of legislation established in 1971 that addresses the rights and treatment of individuals with mental health conditions in Florida. It allows for both voluntary and involuntary mental health assessments and treatment, providing a framework to ensure individuals can be detained for up to 72 hours if they pose a danger to themselves or others. The act emphasizes the protection of the rights of individuals experiencing mental health issues, mandating that those involuntarily placed in care have access to legal representation and regular reviews of their status.
Historically, Florida's mental health laws had been largely outdated and insufficiently protective of patients' rights, leading to potential abuses and inadequate treatment. The Baker Act introduced essential reforms, including the right to communicate freely, retain personal belongings, and receive treatment regardless of financial capability. It has also eliminated the previous practice of placing individuals in prisons based solely on their mental health status. Overall, the Florida Mental Health Act seeks to provide humane and respectful treatment for all individuals with mental health needs, reflecting a commitment to dignity and informed consent in mental health care.
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Florida Mental Health Act
The Florida Mental Health Act, also known as the Baker Act, is a piece of Florida legislation regarding mental health services. Passed in 1971, it allows an individual to be involuntarily detained and sent for a mental health evaluation and treatment, if necessary. The act also governs voluntary admissions and involuntary placement for people with mental health conditions. The law protects the rights of individuals with mental illness and ensures their safety.
Background
Mental health laws in the state of Florida date back to about 1874. At this time, a person could be committed with three signed affidavits, which are formal written statements, and a county judge's approval. The laws required judges to sign over the person to a sheriff until that person could be transferred to a mental health facility, such as a state hospital, for an evaluation. In the meantime, individuals who needed care could be held in jail even if they had committed no crime.
The law had no special mandates for children, so those under twelve years of age could be placed in adult facilities. The law required immediate payment from the friends, parents, spouses, or guardians of the person being hospitalized. Once hospitalized, individuals could only correspond with one representative. At the hospital, individuals might wait a long time for their case to be reconsidered by a judge since no mandates existed to outline how long a person could be held. People were also subjected to poor treatment while being held in such facilities.
The Baker Act is named for former Dade County representative Maxine Eldridge Baker. A member of the Florida House of Representatives, Baker learned about mental health issues while serving as chairperson of the House Committee on Mental Health. She introduced the bill seven years prior to 1971. She realized that Florida's mental health laws, which had not been altered in nearly a century, needed to be revised to protect the growing number of mental health cases in the state and move past outdated conceptions of mental illness.
The laws did not protect the freedoms and liberties of individuals with mental health conditions; the laws allowed individuals to be committed without the right to due process—even when there was no evidence that they were dangerous to themselves or others. Baker contended that individuals with mental illness were entitled to dignity, informed consent, and humane and timely treatment—regardless of ability or inability to pay for services. She sought to strengthen the legal and civil rights of individuals being treated in mental facilities. Baker wanted to see the use of confinement only in cases where people are considered a danger to themselves or others. She also wanted to return patients who undergo treatment to the community and require that the state offer services to people with mental illnesses.
Overview
The Baker Act went into effect in July 1972. It protects all people with mental illness, including individuals of all ages, races, sexes, and socioeconomic statuses. The law covers voluntary and involuntary cases, people who are competent and incompetent, and those who are hospitalized or under treatment. It prohibits people with mental illnesses from being retained in mental health facilities without just cause. It mandates that each person placed in care on an involuntary basis be appointed an attorney or representative and be granted reviews on a regular basis.
The law provides individuals with a "bill of rights." Some of these rights include the ability to communicate with as many people as they wish—not just one representative—in person, by phone, or by mail. They can receive and send mail without it first being opened and read. They can keep their own personal items such as clothing as long as these possessions do not pose harm to the individuals. If registered, they can continue to vote in elections. They do not have to pay upfront for care and cannot be denied treatment for their inability to pay for care. They have the right to a representative, the right of confidentiality, and the right to report physical and sexual abuse without fear of retribution. The law prohibits the courts from placing individuals with mental illness in prisons. However, people with mental illness who commit crimes can be jailed.
The Baker Act protects people with mental illness by allowing them to be involuntarily detained for up to seventy-two hours to undergo a mental health examination if deemed necessary. Still, certain conditions must be met for this to occur. Individuals must show signs of mental illness. They must be a threat to themselves or others. They must be unwilling or unable to give consent to voluntary exams and treatment.
A parent, guardian, relative, spouse, or medical service provider, such as a physician, can initiate an involuntary assessment by filing an affidavit or a petition that explains why a person should be involuntarily assessed. A court then decides whether the person meets the criteria for involuntary detainment and directs law enforcement to take the person to a mental health facility.
Once individuals are taken in for an involuntary examination, providers at the facility will determine how to proceed. Providers will assess whether patients are a threat to themselves or others and if they require immediate care. Patients who do not meet the criteria will be released. They may be prescribed outpatient care.
Patients who are considered a danger require immediate care. Some patients may consent to treatment. For patients who do not agree to treatment, providers can file a petition for involuntary placement. A hearing will be held within five days of the filing, and a representative will be appointed to the patient. If the court decides the patient needs treatment, he or she will be held against his or her will to receive treatment. The case will be revisited by the courts to determine if the patient needs to continue treatment or can be released.
Bibliography
Axelbank, Evan. "Baker Act: What Happens When Someone Is Committed?" FOX 13, 18 May 2017, www.fox13news.com/health/baker-act-what-happens-when-someone-is-committed. Accessed 18 Dec. 2024.
“Baker Act.” UF Health, ufhealth.org/baker-act. Accessed 18 Dec. 2024.
"The Baker Act." Ninth Judicial Circuit Court of Florida, www.ninthcircuit.org/sites/default/files/TheBakerAct-English.pdf. Accessed 18 Dec. 2024.
“History of the Baker Act.” UFS, www.usf.edu/cbcs/baker-act/documents/bakeracthistory.pdf. Accessed 18 Dec. 2024.
“Marchman Act vs. Baker Act: Key Differences Explained.” Meltzer and Bell P.A., 14 Aug. 2024, www.meltzerandbell.com/news/marchman-act-vs-baker-act-key-differences-explained/#:~:text=The%20Baker%20Act%20targets%20severe,of%20up%20to%20five%20days. Accessed 18 Dec. 2024.
"Executive Summary." Florida Courts, www.flcourts.org/core/fileparse.php/243/urlt/bakeract.pdf. Accessed 19 Dec. 2024.
Santich, Kate. "Florida's Baker Act—A Revolving Door?" Orlando Sentinel, 25 Aug. 2017, www.orlandosentinel.com/news/os-does-florida-baker-act-work-20170823-story.html. Accessed 18 Dec. 2024.
"What Is the Florida Baker Act Law?" WKMG ClickOrlando, 22 Aug. 2017, www.clickorlando.com/news/what-is-florida-baker-act-law. Accessed 19 Dec. 2024.