Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (2022)

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (1)

Florida State ArchivesFlorida State Representative Democrat Maxine Baker in Tallahassee in 1971.

No one can say with certainty that if Nickolas Cruz had been committed to a psychiatric facility for evaluation and treatment under Florida’s Baker Act that what happened on Valentine’s Day at Marjory Stoneman Douglas High School might not have.

But what is certain and clear from just-released documents by the Broward County Sheriff’s Office that chronicle every ‘call for service’ to the Cruz house and/or on Cruz himself at other locations, is that on at least two occasions, mental health professionals told police he didn’t fit the criteria to be Baker-Acted. And on both of these occasions, the documents show, police were called because Cruz was either threatening to hurt himself or others, or had hurt himself, in one particular incident in 2016, Cruz attempted suicide by drinking gasoline and was cutting himself. He was not Baker Acted. In 2013, when he was 14, he threw his mother against a wall; Linda Cruz told police he had “anger issues” still it was decided he would not be Baker-Acted.

What you need to know about the Baker Act:

1. What Is Florida’s Baker Act?

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (2)
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Photo Florida State Archives

The Florida Mental Health Act of 1971, more colloquially known as the Baker Act, is the Florida law that allows police, mental health workers, doctors, and judges to involuntarily commit someone to a psychiatric facility to be examined when a person is in danger of harming others or harming themselves. Adults can be committed for up to 3 days, half a day for kids. The idea is the person is to be examined and evaluated medically and treated when appropriate.

The law was named for the bill’s co-sponsor, then Florida legislator Maxine Baker of Miami, and it was meant to replace the draconian existing state mental health law to ensure people had he right of due process before being committed. That is the reason, in part, it is applied carefully by some, but perhaps erring on the side of caution has its downsides. Regardless, the state’s previous mental health law dated back to 1874 and permitted that anyone could be committed if three people signed affidavits and a judge approved: “The law stated that the committing judge was required to have any destitute person with mental illness committed to the sheriff for safekeeping until transferred to the hospital. Children as young as 12 years old could be placed into state hospitals with adults. Payment could be required from friends, parents or guardian for the person’s care. Persons hospitalized in private or public hospitals were allowed only one individual with whom he or she could openly and privately correspond. There was no specific period of commitment before a person’s confinement would be reconsidered by a judge.”

Draconian, yes. So the Baker Act was written and among other provisions, “mandated court-appointed attorneys to represent each person for whom involuntary placement was sought and provided for independent reviews every six months of all involuntary placements.” Placements in hospitals Baker Act receiving facilities. And provides a “patients’ bill of rights, protecting persons’ rights to communicate with whomever they wished, to receive and send unopened mail, to use their own possessions, and to vote, among many other rights. The law also prohibited the placement of persons with mental illnesses in jails, unless they had committed criminal acts.”

2.What Does The Baker Act Say?

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (3)

Florida State ArchivesBaker smiles holding a telegram, letters protesting her mental bill .

The statute is voluminous. Pages of definitions. And much of the language is difficult at best to understand or written in a way to ensure that a police officer or family member or therapist doesn’t commit someone who is not suffering from a psychiatric emergency. Bottom line: the law says someone can be Baker Acted when “abnormalities of thought, mood, or behavior” are psychiatric in nature. In other words, if someone is freaking out it must be clear it’s a psychiatric issue. A trained mental health professional or therapist should know. A parent or cop may not. Indeed, this reporter is aware of a situation where a Florida police department requested a self-aware and in-therapy teen-ager with diagnosed mental health conditions to talk to police officers about what they should be looking for and how to handle a teen in a psychiatric crisis. A hand-raised plea from police: help us help you. One of the positives that may come out of the tragedy that is the Stoneman Douglas massacre, is training of police officers on how to deal with mental health crises and differentiate them from ordinary criminal behavior; training for law enforcement who often encounter people suffering from mental illness sometimes a diagnosed condition, sometimes a psychotic break brought on by substance abuse or similar. Knowing the difference is might save a life.

3.How Does Someone Get Committed Under The Baker Act in Florida?

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (4)

Florida State ArchivesAdvocates for better mental health holding poster in 1957, years before Baker Act becomes law.

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University of Florida Health makes the careful point that, “People who require the use of the Baker Act have often lost the power of self-control, and they are likely to inflict harm to themselves or others. It is important that 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.” It’s this very point that may have some police and even mental health professionals not using the Act when they should and conversely, and often unintentionally, using it when it’s not appropriate. When you’re Baker Acted in Florida, you’re taken into custody, handcuffed and brought before a judge. In Miami, just days before the mass murder in Parkland, a 7-year-old was Baker Acted. The child punched a teacher and was taken by police from the school in handcuffs.

4. Florida Officials Reignited The Baker Act Discussion In the Wake of the Stoneman Douglas Shooting

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (5)

GettyAriana Gonzalez is over come with emotion at the memorial in front of Marjory Stoneman Douglas High School as teachers and staff are allowed to return to the school for the first time since the mass shooting.

There’s little doubt that Baker Acted or not, if Nickolas Cruz wanted a gun, he could buy one and use it. At a Florida sheriff’s summit this week, Pinellas County Sheriff Bob Gualtieri’s point was that no matter how many times someone is committed, they can still buy a gun saying it’s “wrong, it’s erroneous, it’s false” that if Cruz was committed under the Baker Act that would have somehow prevented him from buying weapons. But, Gualtieri says, weapons should be confiscated by police when in doubt to safeguard legal rights and also the community.

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (6)

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GettyFlorida Attorney General Pam Bondi,(C), Florida Governor Rick Scott,(R), and Broward County Sheriff, Scott Israel,(L) speak to the media about the mass shooting.

But Florida Attorney General Pam Bondi met with President Trump this week to talk in part about strengthening the Baker Act as a preventative measure.

5.Cruz Was Not Baker-Acted by Police or Mental Health Professionals Despite Evidence That He Was a Harm To Himself & to Others

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (7)

GettyNikolas Cruz’ mugshot

When he was around 10, Nickolas Cruz threw rocks at kid that threw rocks at him. Benign enough. But soon, Cruz would start acting out more aggressively starting with fights with his brother serious enough for his mother to phone cops, punching a hole in the wall, throwing his mother against a wall and, when he was 15, Cruz used an airsoft rifle to shoot chickens (he admitted firing the gun but denied he hit chickens).

In the interest of full transparency, we are making available the list of all 23 calls for service at the Cruz home. 18 involved Nikolas Cruz. None appeared arrestable under Florida law. However, two of the calls remain under internal investigation. https://t.co/JJANWVeo9q

— Broward Sheriff (@browardsheriff) February 23, 2018

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By 2016 calls to police came with alarming reports. Cruz, who by then had amassed an arsenal of weapons, shared both suicidal and homicidal thoughts and ideation and in the case of the former, his self harm was likely indicative of suicidal intentions; he drank gasoline and cut himself with knives, yet according to police documents, he was not committed for evaluation and treatment. Therapists from Henderson Behavioral Health, told police, who followed those recommendations, that the teen with established mental health issues that included admissions by his mother that her son had disorders—over the course of several years in calls to police—inexplicably did not fit the Baker Act criteria: mental health professionals deemed Cruz was not a danger to himself or others. The police reports show he clearly was both.

The Cruz incident of Sept. 28 2016, shows that even with a peer counselor, the School Security Officer, a social worker from DCF and police involved, a therapist from Henderson said no Baker Act commitment was needed. When in 2013 Cruz threw his mother into a wall after an outburst and violence, Henderson Behavioral Health also advised Baker Act commitment was not warranted.

Florida’s ‘Baker Act’: 5 Fast Facts You Need to Know (8)

GettyThis video screen grab image shows shooting suspect Nikolas Cruz on February 15, 2018 at Broward County Jail .

This is what the Broward County Sheriff’s Department’s document called ‘Cruz Calls Details’ says:

“A peer counselor reported to the School Resource Deputy that Cruz was alleged to have ingested gasoline a week prior in an attempt to commit suicide and he’s cutting himself. Cruz indicated he wished to purchase a gun for hunting and was in possession of items concerning hate related-communications/symbols. Mental health counselor advised Cruz did not meet criteria for Baker Act. The School Resource Deputy …initiated a report; High School indicated it would conduct a threat assessment on Cruz. The indication was that Cruz suffered from depression. A DCF investigator advised 18 year old male on scene. Allegations of immediate self-harm. Subject is talking about purchasing a gun. But therapist from Henderson Behavioral Health was on scene and advised Nickolas was not currently a threat to himself or others at this time. No criminal activity reported.”

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FAQs

Does Baker Act go on your record? ›

Yes. There will be a medical record, a police record if law enforcement was involved and if a petition is filed for involuntary placement then also a court record. There is no procedure in the law to remove or seal the records of a Baker Act.

Can you be fired for being Baker Acted in Florida? ›

You're not legally obligated to inform your employer when you've been Baker Acted, and your employer is also not legally allowed to fire you for having a mental illness.

What are the consequences of being Baker Acted? ›

If a patient meets all criteria to be Baker Acted, then they will be involuntarily placed into inpatient or outpatient programming for six months following their involuntary institutionalization.

Can someone with dementia be Baker Acted? ›

A person with dementia would not be eligible for voluntary admission because of inability to make well-reasoned, willful and knowing decisions about their medical and mental health treatment – the definition of competence in the Baker Act.

Can you get fired for being Baker Acted? ›

Can you get fired for being Baker Acted? No, that is not the case. In fact, it is illegal for a corporation to terminate you if your handicap or mental condition is the reason for your termination.

Are Florida Baker Act records public? ›

Because the Baker Act is a civil proceeding, much of the information contained in the court file is available to the public for inspection. According to Florida law, only the clinical records of a patient being treated for mental illness under the Baker Act are confidential.

How long can someone be Baker Acted in Florida? ›

What Is the Baker Act in Florida? The Florida Baker Act law allows doctors, mental health professionals, judges, and law enforcement to commit a person to a mental health treatment center for up to 72 hours if they display certain violent or suicidal signs of mental illness.

Can Baker Act patients refuse treatment? ›

You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment. The advocate or public defender can assist you with this matter.

Who can lift a Baker Act in Florida? ›

A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the ...

What happens after a 72 hour hold? ›

The 72 Hour Rule

However, after 72 hours, the patient can refuse to cooperate with further medical treatment. The medical providers must decide between releasing the patient or requesting a mental health hearing to persuade a judge that the patient needs further help to prevent self-harm or harm to others.

What are the requirements for Baker Act in Florida? ›

Under What Circumstances is a Person Subject to the Baker Act?
  • They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. ...
  • They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
26 Apr 2021

What happens if I Baker Act yourself? ›

If a patient is on a voluntary status in the Baker Act unit, prior to psychiatrically discharging the patient, the patient develops a medical complication and is discharged from the psychiatric unit and admitted to a medical floor.

What does marchman acted mean? ›

Under the Marchman Act, law enforcement officers are permitted to take a person under Protective Custody (with consent) to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate.

What is an ex parte order Florida? ›

A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on sworn testimony, written or oral.

Who can authorize an involuntary 72 hour hold in Florida? ›

A person may be placed in a treatment facility involuntarily by several specific types of people. A doctor or law enforcement officer has the ability to file a petition for a 72-hour hold.

Is anxiety a disability for work? ›

Key Takeaways. If anxiety is severely restricting a life function, it may be considered a disability protected by the Americans with Disabilities Act (ADA). You can request accommodations such as a flexible schedule, support animal, or special rest area to help manage your anxiety.

What to say instead of I got fired? ›

If you prefer, you can simply write "job ended," "laid off," or "terminated" on your job application. This is recommended since your goal with your application and resume is to get an interview.

Should I quit my job if it is affecting my mental health? ›

Quitting a job to save your mental health can be worthwhile — especially if the environment is toxic and you have no support for your mental health in the workplace — but quitting without a plan will not solve everything. Try your best to leave your job on good terms.

How do I expunge my Baker Act in Florida? ›

Law enforcement initiates the Baker Act about 49 percent of the time. Usually, that person never has any court interaction. Therefore, there is no court record to expunge. However, there remains a police “incident report.” There is no procedure in the law to expunge or seal the records of a Baker Act.

Is Baker Act protected by Hipaa? ›

HIPAA allows the sharing of confidential records for the purpose of payment, but defers to state laws when the state laws are more protective of a patient's privacy. The Baker Act doesn't make such an exception.

What happens when a child is Baker Acted in Florida? ›

The Baker Act allows for minors age 13 years and older to access outpatient diagnostic and evaluation services as well as outpatient crisis intervention, therapy, and counseling services without the consent of parent or guardian.

What does getting Baker Acted mean? ›

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.

When an individual is in Baker Act facility they have the right to? ›

The Baker Act requires that the Guardian Advocate be given access to the appropriate clinical records of the person and may also authorize the release of information and clinical records to appropriate persons to ensure the continuity of the person's health care or mental health care. 8.

Is Baker Act only in Florida? ›

Although the Baker Act is a statute only for the state of Florida, use of "Baker Acting" as a verb has become prevalent as a slang term for involuntary commitment in other regions of the United States.

What is a 5270 hold? ›

5270. Also known as 30 day holds."Additional Intensive Treatment" for an additional period of 30 days beyond WIC 5250 (the first 14days) for persons who were gravely disabled on the first 14 day hold and allegedly remain gravely disabled due to a mental disorder.

Can a mental patient be forced to take medication? ›

Generally, yes. A majority of states consider all patients, even mentally ill patients hospitalized involuntarily, competent to make personal decisions, including whether to take psychotropic medications, unless they are specifically found legally incompetent by a court of law.

What is a 72 hour psychiatric hold? ›

The person may remain in hospital for up to 72 hours while they receive an emergency assessment. If the person is not found to be a risk to themself or others, they can leave the hospital if they wish, even if it is against medical advice.

What is a BA 40 in Florida? ›

He added that there are many different types of Baker Acts; BA40 is voluntarily placement, BA52 is involuntarily which is mostly done by cops of a licensed medical personal.

Can a Baker Act be rescinded? ›

The Baker Act was rescinded. Case was discussed with case management and patient is to be discharged to SNF." No evidence was observed or found that the patient was examined by a psychiatrist following initiation of the BA by law enforcement.

Why was the Baker Act created? ›

According to Representative Baker, the intent of the Act was to encourage voluntary commitments as opposed to involuntary (when the person was competent to consent), to separate the process of hospitalization from the process of legal incompetency, to increase community care of persons with mental illnesses, and to ...

What is a 5585 hold? ›

What is an involuntary hold or 5585? A 5585 refers to the Welfare and Institutions Code under California State Law, which allows involuntary detainment of a minor experiencing a mental health crisis for a 72-hour psychiatric hospitalization. A minor is anyone under 18 years of age.

What does 5150 mean in slang? ›

What does 5150 mean? 5150 refers to the California law code for the temporary, involuntary psychiatric commitment of individuals who present a danger to themselves or others due to signs of mental illness. It has been more generally applied to people who are considered threateningly unstable or “crazy.”

What is a 5350 hold? ›

WELFARE AND INSTITUTIONS CODE SECTION 5350

When an individual is involuntarily hospitalized on a 72-hour hold, and then has been placed on 14-day certification, the treating doctor can initiate a referral for Temporary Conservatorship (an additional 30- day-hold).

How do you get someone mental help if they don't want it? ›

Fortunately, there are several ways of getting mental help for someone who doesn't want it without forcing or cornering them.
  1. Listen and Validate Their Feelings. ...
  2. Ask Questions. ...
  3. Resist the Urge to Fix or Give Advice. ...
  4. Explore Options Together. ...
  5. Find Support for Yourself.
31 May 2022

What is the Baker Act and how is it used? ›

What Is The Baker Act? The Baker Act in Florida enables involuntary, also known as emergency, mental health services to become available to a person who cannot or will not request help themselves. This may include law officials or family members who recognize the need for a person to receive immediate help.

How do you convince a schizophrenic to get help? ›

How to Encourage Them to Get Help
  1. Don't use a threatening or confrontational tone.
  2. Close and trusted family members or friends should lead the conversation.
  3. Don't include people your loved one doesn't trust or feel close to, which can cause more anxiety, fear, or confusion.
26 Mar 2014

What is the difference between Marchman Act and Baker Act? ›

These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.

Can you leave a mental hospital without being discharged? ›

Generally, yes. You can leave even if your healthcare provider thinks you should stay. But it will be documented in your record as discharged against medical advice (AMA).

Can you force someone to go to the hospital? ›

Adults usually have the right to decide whether to go to the hospital or stay at the hospital. But if they are a danger to themselves or to other people because of their mental state, they can be hospitalized against their will. Forced hospitalization is used only when no other options are available.

What happens if you violate a Marchman Act? ›

In a Marchman Act case, the court can issue a bench warrant if you fail to appear in court or violate a court order including an order to complete treatment.

How long can a Marchman Act last? ›

The Marchman Act: Frequently Asked Questions

How Long Does the Marchman Act Last? A person committed to a treatment facility under the Marchman Act will be held for 5 days. The facility may file for a longer-term commitment in some cases, up to 60 days.

Is Marchman Act public record? ›

Number one is the confidentiality component. Pursuant to Florida Statute 397, every step of the Marchman Act process must be confidential and never a matter for public record.

What happens at a Marchman Act hearing? ›

During the hearing, there will be testimony concerning personal observations of the individual in question. This will be heard by a magistrate or judge. Should they determine the testimony provides a real need for an assessment, the magistrate or judge will sign an order for the assessment to be provided.

What happens after 72 hours of Baker Act? ›

A mental evaluation must be performed within 72 hours. After 72 hours if deemed mentally stable the person will be released. If further treatment is mandated, the individual can be admitted to a mental health facility for up to six months.

Can you visit someone who is Baker acted? ›

Yes, unless having visitors will be harmful to the person being treated. If a facility wants to restrict visitors from a patient, they must file a written notice documenting the refusal of visitation.

Can Baker Act patients refuse treatment? ›

You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment. The advocate or public defender can assist you with this matter.

What are the consequences of being Baker Acted? ›

If a patient meets all criteria to be Baker Acted, then they will be involuntarily placed into inpatient or outpatient programming for six months following their involuntary institutionalization.

Who can lift a Baker Act in Florida? ›

A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the ...

How do I expunge my Baker Act in Florida? ›

Law enforcement initiates the Baker Act about 49 percent of the time. Usually, that person never has any court interaction. Therefore, there is no court record to expunge. However, there remains a police “incident report.” There is no procedure in the law to expunge or seal the records of a Baker Act.

Who can lift a Baker Act in Florida? ›

A physician, clinical psychologist, psychiatric nurse, or clinical social worker, each as defined in the statute, may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the ...

How does the Marchman Act work in Florida? ›

Under the Marchman Act, law enforcement officers are permitted to take a person under Protective Custody (with consent) to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate.

Can Baker Act patients refuse treatment? ›

You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment. The advocate or public defender can assist you with this matter.

What happens at the end of a Baker Act? ›

What Happens After the Baker Act is Invoked? Once the act is invoked, the individual is taken to a mental health facility for examination. Law enforcement will pick them up and transport them to the nearest Baker Act receiving facility.

What happens during a 72 hour hold? ›

5150 or 72 hour hold

This 72 hour period is sometimes referred to as an “observation period”. During this 72 hour period, the treatment team assesses whether the patient meets criteria for involuntary hospitalization. The law mandates that all patients must be treated in the least restrictive setting possible.

What happens after 72 hours of Baker Act? ›

A mental evaluation must be performed within 72 hours. After 72 hours if deemed mentally stable the person will be released. If further treatment is mandated, the individual can be admitted to a mental health facility for up to six months.

What is a BA 40 in Florida? ›

He added that there are many different types of Baker Acts; BA40 is voluntarily placement, BA52 is involuntarily which is mostly done by cops of a licensed medical personal.

What happens if I Baker Act yourself? ›

If a patient is on a voluntary status in the Baker Act unit, prior to psychiatrically discharging the patient, the patient develops a medical complication and is discharged from the psychiatric unit and admitted to a medical floor.

What's the difference between Baker Act and Marchman Act? ›

These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.

What does a 5250 mean? ›

A 5250 is a 14-day long involuntary treatment hold in a hospital or mental health facility and an extension of a 5150. If the treating facility wants to extend a 5150 to a 5250, the peer has the right to a Certification Review Hearing. At this time, the peer is entitled to a written notice that they are being held.

Is Marchman Act public record? ›

Number one is the confidentiality component. Pursuant to Florida Statute 397, every step of the Marchman Act process must be confidential and never a matter for public record.

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