Baker Act

Baker Act is a Florida law, officially known as the Florida Mental Health Act of 1971 (Florida Statute 394.451-394.47891), which allows for involuntary examination (also known as emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person:

• possibly has a mental illness (as defined in the Baker Act).
• is in danger of becoming a harm to self, harm to others, or is self-neglectful (as defined in the Baker Act).

History

The Baker Act was named after Maxine Baker, former Miami state representative who sponsored the Act in 1971. She had a strong interest in mental health issues, and many of her constituents were elderly, who were being committed to mental health facilities by their families without their consent, often as a means of seizing their assets.

Procedure

Under the Baker Act, a person may be held involuntarily in a mental health facility for up to 72 hours for an initial psychiatric examination. If the examination reveals that the individual is indeed suffering from a mental illness and is a threat to themselves or others, they may be held for further treatment.

Criticism

The Baker Act has been criticized for potential misuse and lack of civil liberties protections. Critics argue that the Act is often used as a means of retaliation or control, rather than as a genuine concern for the person's mental health.

See also

• Involuntary commitment
• Mental Health Act
• Maxine Baker

References

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