Baker Act
The Baker Act is a unique process of providing individuals with emergency and temporary detention for mental health treatment and checkup as may be required. This is could be on voluntary or involuntary basis.
The Baker Act is said to be voluntary when a person who is 18 years and above applies for admission to a facility for proper observation or treatment. The application can also be made by a parent or a guardian if the individual involved is below the age of 17.
On the other hand, a Baker Act could be involuntary when the person involved is mentally ill and incapable of making decisions. In such cases the Baker Act is made involuntarily on behalf of the person. He or she is automatically admitted for the treatment.
Usually the involuntary decision for such a person could be made by a law enforcement officer who is called to take charge of the situation. In such cases, the law enforcement officer has no choice other than send the mentally ill individual to the right place designated for the right treatment of his or her condition.
Meanwhile, there is what is known as “ExParte” Petition for Involuntary Examination. This is the situation whereby a person witnesses an insane individual causing harm to him or to others. Such a person will now decide to swear in a petition for Involuntary Examination stating he or she has witnessed the incident and is willing to sign in for the mentally ill individual.
However, there is a process involved in securing such an ExParte order. The interested person who wants to sign in for the insane person is usually required to fill out the petition and affidavit forms in the Clerk’s office. The person must as matter of fact provide proper identification and evidence that he or she witnessed the actual event.
After the filing of the Petition and Affidavit, the court will normally review the forms and the sworn affidavit. If the court sanctions them based on the tangible evidence provided by the person, the judge then will enter an order for a sheriff to pick up and transport the mentally ill individual to the nearest treatment facility available.
The sheriff immediately moves out to carry the order, if the individual cannot be located by the Sheriff, the sheriff himself with hold the order for seven days and still makes further attempts to get the individual. However, if the person is actually seen and transported to a facility. He or she can only be detained for a period not more than 72 hours.
In all, the Backer Act is still in vogue especially in the Florida State of the US. It has remained one of the most respected court processes used in helping various cases.
