What is the Baker Act?
The Baker Act is a case type covered under the Mental Health Act, which is governed by §394, Florida Statutes. A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness, and because his or her mental illness meets the following criteria:
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The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination
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The person is unable to determine for himself or herself whether examination is necessary
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Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services
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There is a substantial likelihood that, without care or treatment, the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior
An Ex Parte Petition for Involuntary Examination is also referred to as Ex Parte Baker Act.
Filing a Petition
To file a petition, you must describe the person’s actions that led you to believe there is a substantial possibility that he or she will cause bodily harm to himself or herself or others or will otherwise threaten his or her well-being by failing to practice care.
There is no filing fee required to file a Petition for Involuntary Examination.
The individual’s whereabouts in Jefferson County must be known, and he or she cannot be in jail. Further, Ex-Parte filings are inappropriate if the individual is already in law enforcement’s custody and can be examined by them or other trained personnel.
Who Can File?
An “Ex Parte” Petition for an Involuntary Examination can be completed at the Clerk’s Office. The term “Ex Parte” means that the court will consider the petition without first serving it on the person sought to be Baker Acted. However, the Court may, upon review of the Ex Parte Petition, elect to schedule a subsequent hearing and give notice to the person sought to be Baker Acted.
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The petitioner may be any individual willing to swear in a Petition for Involuntary Examination that he or she has personally witnessed an individual causing harm to themselves or others.
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A law enforcement officer may transport an individual to a facility for examination if there is reason to believe that the individual’s behavior meets statutory guidelines for involuntary examination.
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A physician, clinical psychologist, psychiatric nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed mental health counselor may execute a certificate stating that he or she has observed behavior that meets the Baker Act criteria in the past 48 hours.
What Happens After Filing a Petition?
The judge will review the petition, and if the criteria for an Involuntary Examination have been fulfilled, then a court order will be issued. Upon issuance of the court order, the information is sent to the Jefferson County Sheriff’s Department for service and pick up. The sheriff’s department will transport the individual to the nearest designated mental health facility.
The facility must examine the individual within 72 hours to determine the necessity of his or her placement. If a psychiatrist decides that the individual should be placed for treatment, the facility will petition the court for a hearing within 72 hours. This does not mean the facility will hold the individual for the entire 72 hours.