There are 3 ways that a Baker Act gets initiated:
1. Somebody files a Baker Act case in court
2. A qualified professional such as an ER doctor initiates the case
3. A law enforcement officer initiates the case
What happens then?
In many cases, law enforcement is called to an emergency where they determine that the individual in question is a danger to themselves or others, so that person is transported to a hospital or Baker Act Facility.
In other cases, an individual may go to the emergency room voluntarily to seek help, and the emergency room doctor determines that they meet the qualifications to be held under the Baker Act statute.
Once a Baker Act case has been initiated, the individual can be held for a 72-hour observation period to determine if they meet the criteria to extend the involuntary hold.
If the person doesn’t meet criteria, the facility is supposed to release them after the initial 72-hour hold, but that doesn’t always happen…
If the facility believes that the situation is ongoing and requires further intervention, they can file a petition for involuntary placement. This means that they are asking the judge to allow the state to take control and hold the individual in a state facility for up to 6 months.
These proceedings take place behind closed doors, meaning that parents, spouses, and loved ones may not be able to attend. In fact, they might not even be informed that a hearing is taking place!
Once a Baker Act is initiated, you have a very short window of time to protect your loved one’s rights.
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Don’t leave your loved one’s care in the hands of the state.
If your loved one has been Baker Acted, it is imperative that you call right away. The race to the courthouse begins as soon as the Baker Act is initiated, and the one who gets there first usually wins.
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