How to Survive a baker act or the psych ward

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Intro 

 

 

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Now the baker act law

 

Now read this and you cant find laws you can use in the law its self just read i will post things that you would want to know here is the full law here

 

Baker Act
Involuntary Examination
Criteria, Processes and Timeframes
s. 394.463, F.S. Ch. 65E-5.280, FAC
Intent
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. 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 under the
involuntary provisions of the Baker Act.
Criteria
A person may be taken to a receiving facility for involuntary examination if the
following three criteria are met:
1. There is reason to believe that he or she is mentally ill. This means an
impairment of the mental or emotional processes that exercise conscious
control of one’s actions or of the ability to perceive or understand reality,
which impairment substantially interferes with a person’s ability to meet
the ordinary demands of living, regardless of etiology. For the purposes of
this part, the term does not include retardation or developmental disability
as defined in Chapter 393, intoxication, or conditions manifested only by
antisocial behavior or substance abuse impairment.
2. 2. Because of his or her mental illness the person has refused voluntary
examination or is unable to determine whether examination is necessary;
and
3. 3. Without care or treatment, the person is likely to suffer from neglect
resulting in real and present threat of substantial harm that can’t be
avoided through the help of others; or there is substantial likelihood that
without care or treatment the person will cause serious bodily harm to self
or others in the near future, as evidenced by recent behavior.
Initiation
An involuntary examination may be initiated by any one of the three following
means:
• A circuit court may enter an ex parte order, based upon sworn testimony,
directing a law enforcement officer to take the person to the nearest
Baker Act Involuntary Examination: Criteria, Processes and Timeframes
State of Florida Department of Children and Families Mental Health Program Office
Florida’s Baker Act Website – May 2002
2
receiving facility. A law enforcement officer may serve and execute an ex
parte order on any day of the week, at any time of the day or night and
may use such reasonable physical force as is necessary to gain entry to
take custody of the person.
• A law enforcement officer shall take a person who appears to meet the
above criteria into custody and deliver the person to the nearest receiving
facility.
• 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 observations upon which that conclusion is
based. A law enforcement officer shall take the person into custody and
deliver him or her to the nearest receiving.
Transportation
Designated receiving facilities must accept persons brought by law enforcement
officers for involuntary examination. If appropriate under state and federal law,
the person may later be transferred to another facility.
An officer may request assistance from emergency medical personnel if such
assistance is needed for the safety of the officer or the person in custody. If the
officer believes that a person has an emergency medical condition as defined in
law, the person may be first transported to a hospital for emergency medical
treatment, regardless of whether the hospital is a designated receiving facility.
When a law enforcement officer has custody of a person based on either
noncriminal or minor criminal behavior that meets the statutory criteria for
involuntary examination, the officer must transport the person to the nearest
receiving facility for examination. When an officer has arrested a person for a
felony and it appears that the person meets the statutory criteria for involuntary
examination, the person must first be processed in the same manner as any
other criminal suspect.
Examination at Hospital after Emergency Medical Condition
A person for whom an involuntary examination has been initiated who is being
evaluated or treated at a hospital for an emergency medical condition must be
examined by a receiving facility within 72 hours. The 72-hour period begins when
the person arrives at the hospital and ceases when the attending physician
documents that the person has an emergency medical condition. One of the
following must occur within 12 hours after the person’s attending physician
Baker Act Involuntary Examination: Criteria, Processes and Timeframes
State of Florida Department of Children and Families Mental Health Program Office
Florida’s Baker Act Website – May 2002
3
documents that the person’s medical condition has stabilized or that an
emergency medical condition does not exist:
• The person can be examined by a physician or clinical psychologist at the
medical hospital, and if found not to meet the criteria for involuntary
placement, released or transferred to voluntary status; or
• The person must be examined by a physician or clinical psychologist from
a designated receiving facility and released; or
• The person must be transferred to a designated receiving facility in which
appropriate medical treatment is available.
Examination at a Receiving Facility
Upon arrival at a receiving facility, a person must be examined without
unnecessary delay by a clinical psychologist or a physician experienced in the
diagnosis and treatment of mental and nervous disorders. The person shall not
be released by the receiving facility without the documented approval of a
psychiatrist or clinical psychologist.
Reporting
Receiving facilities must send a copy of the court order, law enforcement officer’s
report, or professional’s certificate initiating the involuntary examination (with the
required cover sheet) to the Agency for Health Care Administration (AHCA) on
the next working day after the person’s arrival at the facility.
Discharge or Release
A person may not be held for involuntary examination longer than 72 hours.
Within the 72-hour examination period, one of the following must take place:
• The person must be released unless charged with a crime;
• The person must be released for outpatient treatment;
• The person must be asked to give express and informed consent to
voluntary placement; or
• A petition for involuntary placement must be filed with the circuit court by
the facility administrator.
Baker Act Involuntary Examination: Criteria, Processes and Timeframes
State of Florida Department of Children and Families Mental Health Program Office
Florida’s Baker Act Website – May 2002
4
Involuntary Placement
394.467 F.S. 65E-5.290, F.A.C.
Criteria:
If a petition for involuntary placement is filed by the receiving facility with the
circuit court, there must be clear and convincing evidence that the person is
mentally ill and because of his or her mental illness:
• She/he has refused voluntary placement or is unable to determine
whether placement is necessary; and
• She/he is incapable of surviving alone or with the help of others and
without treatment is likely to suffer from neglect which poses a real and
present threat of substantial harm to his or her well-being; or
• There is substantial likelihood that in the near future she/he will inflict
serious bodily harm on self or other person, as evidenced by recent
behavior causing, attempting, or threatening such harm; and
• All available less restrictive treatment alternatives which would offer an
opportunity for improvement of his or her condition have been judged to
be inappropriate.
Initiation
Within 72 hours of the person’s arrival at the facility, or if the 72 hours ends on a
weekend or holiday, no later than the next working day thereafter, a petition for
involuntary examination, must be filed by the receiving facility administrator and
supported by the opinion of a psychiatrist and the second opinion of a clinical
psychologist or another psychiatrist, both of whom have personally examined the
person within the preceding 72 hours, that the criteria for involuntary placement
are met (in certain rural counties the second opinion may be provided by a
physician or psychiatric nurse, both with special training and experience as
defined in the statute).
Court Hearing
The person will have the public defender appointed by the court to represent him
or her unless otherwise represented by counsel. The state attorney shall
represent the state, rather than the petitioning facility administrator, as the real
party in interest in the proceeding. The person has the right to an independent
expert examination provided by the court.
The court must hold the involuntary placement hearing within 5 days, unless a
continuance is requested by the person and granted by the court. The court may
appoint a master to preside at the hearing. One of the professionals who
executed the involuntary placement petition must be a witness. At the hearing,
the court must consider testimony and evidence regarding the person’s
Baker Act Involuntary Examination: Criteria, Processes and Timeframes
State of Florida Department of Children and Families Mental Health Program Office
Florida’s Baker Act Website – May 2002
Baker Act Involuntary Examination: Criteria, Processes and Timeframes
State of Florida Department of Children and Families Mental Health Program Office
Florida’s Baker Act Website – May 2002
5
competence to consent to treatment. If the court finds that the person is
incompetent to consent to treatment, it must appoint a guardian advocate. If the
court concludes that the person meets the criteria for involuntary placement, it
must order that the person be retained at or transferred to, or treated at an
appropriate receiving or treatment facility on an involuntary basis, for a period of
up to 6 months. The administrator of a treatment facility may refuse admission to
any person directed to its facilities on an involuntary basis, whether by civil or
criminal court order, who is not accompanied at the same time by adequate
orders and documentation.
Continued Involuntary Placement
s. 394.467(7), F.S. Ch. 65E-5.300, FAC
If a person continues to meet the criteria for involuntary placement, the
administrator must, prior to the expiration of the period during which the
treatment facility is authorized to retain the person, file a petition requesting
authorization for continued involuntary placement. The request must be
accompanied by a statement from the person’s physician or clinical psychologist
justifying the request, a brief description of the person’s treatment during the time
he/she was involuntarily placed, and an individualized plan of continued
treatment.
Hearings on petitions for continued involuntary placement are administrative
rather than judicial hearings and are conducted by an administrative law judge.
Unless the person is otherwise represented by counsel, he/she must be
represented at the hearing by the public defender. If at a hearing it is shown that
the person continues to meet the criteria for involuntary placement, the
administrative law judge must sign the order for continued involuntary placement
for a period not to exceed 6 months. The same procedure must be repeated prior
to the expiration of each additional period the person is retained.
Discharge of Persons on Involuntary Status
s. 394.469, F.S. Ch. 65E-5.320, FAC
Receiving and treatment facilities must discharge a person at any time the
person no longer meets the criteria for involuntary placement, unless the person
has transferred, by express and informed consent, to voluntary status. This
discharge does not require consent of the court.

 

 

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Now i hope this helps you understand the real deal in the psych system only use what i told you if you where in dire harm are need to save your own life

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