Source: The Baker Act manual prepared by the Department of Mental Health Law and Policy
1.- The Florida Mental Health Act," or "The Baker Act," is a Florida law that allows authorities, mental health employees, doctors and judges to involuntarily commit someone to a psychiatric facility to be examined when a person is in danger of harming themselves or others.
2.- The legislature enacted the Florida Mental Health Act in 1971.
3.- The Baker Act was named after Maxine Baker; a former Miami State representative who sponsored The Baker Act in 1972.
4.- The law was created to ensure people had the right of due process before being committed.
The Baker Act only be used in situations where the person has a mental illness and meets all the remaining criteria for voluntary or involuntary admission.
5.- The Baker Act encourages the voluntary admission of persons for psychiatric care, but only when they are able to understand the decision and its consequences and are able to fully exercise their rights for themselves.
6.- When this is not possible due to the severity of the person’s condition, the law requires that the person be extended the due process rights assured for those under involuntary status.
7.- Baker Act does not substitute for any other law that might permit the provision of medical or substance abuse care to persons who lack the capacity to request such care.
8.- Within the 72-hour examination period, one of the following three actions must be taken based on the individual needs of the person:
- The person must be released unless he or she is charged with a crime, in which case the person must be returned to the custody of a law enforcement officer.
- The person, unless he or she is charged with a crime, must be asked to give express and informed consent to placement on voluntary status, and if such consent is given, the person must be voluntarily admitted.
- A petition for involuntary placement must be completed within 72 hours and be filed with the circuit court within the 72 hours.
9. - Although the Baker Act Florida is a statute for Florida, the use of the term "Baker Acting" has become very prevalent as a slang term in other parts of the United States for involuntary commitment.
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