Title: Baker Act Cases
Headings: Baker Act Cases, Involuntary Confinement
Baker Act Cases, Involuntary Confinement
Baker Act Defense, Involuntary Baker Act Confinement, Involuntary Confinement in Hospital, Confinement in Baker Act Facility, Mental Health Confinement, Psychiatric Confinement, Petition for Writ of Habeas Corpus

Content: To see the entire act, click here. Loosely speaking, the Baker Act allows a physician or other health professionals to order that an individual who is a threat to himself or to others because of a mental illness to be involuntarily held for a psychiatric evaluation for up to 72 hours, in certain designated health facilities. Overzealous or overcautious physicians, emergency room personnel, school officials, Department of Children and Families (DCF) officials, nursing home staff and other authorities will often have those they suspect may have a mental problem and to be a threat seized and involuntarily confined under the Baker Act. Seniors living on their own and teenagers are often the "victims" of this. If the psychiatrist examining the involuntarily confined individual feels that he or she should be held for further evaluation, then he or she can be held another period of time, up to a week, for further evaluation and treatment. Examples of abuses that can occur as a result include: -Individuals who do not have a mental condition and do not meet the basic criteria for the Baker Act are involuntarily confined and deprived of their freedom. -Children are involuntarily confined at facilities that are not really set up for children. -Because of overcrowding the person is taken to or transferred to a facility far away from his or her home, family and friends. -A person who has medical problems (especially true with the elderly) is confined in a Baker Act facility and is unable to receive regular medical care or attend scheduled appointments with their regular treating physicians.