![]() Either have previously refused a voluntary examination or are unable to decide whether or not to consent to the examination AND. ![]() Individuals must first have a mental illness as laid out in the text of the Baker Act. What is the Criteria For Involuntary Confinement? A physician, clinical psychologist, psychiatric nurse, counselor, therapist, or clinical social worker has, sometime in the previous 48 hours, evaluated someone who appeared to meet the criteria for involuntary confinement.A court can issue an ex-parte order requiring an individual to be involuntarily confined.Law enforcement can take people who appear to meet the Baker Act criteria into custody and start the process of involuntary confinement.People who have been committed under the Baker Act may be held, without their consent, in a medical or mental health facility for a maximum of 72 hours.Īn individual can be involuntarily committed through one of the following three methods: Most people without a legal background who have heard of the Baker Act associate the law with the involuntary confinement of people whose mental health conditions could lead to immediate harm to themselves and/or others. What is the Baker Act, and What is it Used For? A notable example that illustrates the state of Florida’s struggle with this question is the Baker Act, which is used to get prompt medical care for those who are exhibiting troubling mental health symptoms. The state, whether that is referring to the state of Florida or the general concept of government, deals with a recurring dilemma: keeping the citizens safe and secure while also ensuring their liberties and freedoms are reasonably protected.
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