Florida Mental Health Act

The Florida Mental Health Act of 1971 is commonly known as the "Baker Act" in Florida. It was originally enacted, at least in part, because of widespread instances of elder abuse, in which one or more family members would have another family member committed in order to gain control over their estate prior to their death. Once committed, it was difficult for many of the patients to obtain representation, and they became warehoused until their death. The Florida State Hospital at Chattahoochee, Florida was notorious for housing many such patients.

The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act). Examinations may last up to 72 hours and occur in 100+ Florida Department of Children and Families (DCF; originally Department of Health and Rehabilitative Services, or HRS) designated receiving facilities statewide.

There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect in 2005.

The nickname of the legislation has led to the term "Baker Act" as a transitive verb, and "Baker Acted" as an intransitive verb, for invoking the Act to force an individual's commitment.

References

* [http://www.mhsource.com/expert/exp1092401c.html Continuing Medical Education: Ask The Expert About The Baker Act]
* [http://bakeract.fmhi.usf.edu Baker Act Reporting Center]
* [http://www.dcf.state.fl.us/mentalhealth/laws/index.shtml Florida Department of Children and Families - Baker Act info - including the Baker Act, Administrative Rule 65.E.5, Forms, FAQ's etc.]