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The Baker Act has the right idea but there are too many loop holes for abuse of the Law. And there are abuses.
Be careful with that Baker acting stuff, I did it to a friend of mine as an April fools joke and she got put into the psychiatric unit in the local hospital for like 4 days. When she got out she was pissed. I had to drive her everywhere because they even took her drivers license away. I was definitely the fool in the end.
if you are on probation, can you still do a 5150 baker act, on some one,
thanks jean
It is the equivlent of "5150" in California.
The other answer gave a good explanation Lisa. After reading the information, we can talk further if you like, but more specifics to your question are necessary.
I don't know the specifics on the law, but I know it allows the police to commit a person for a psychiatric evaluation based on a complaint from a citizen. For example, if I called the cops and said you were trying to kill yourself, the police could have you committed for an evaluation.
Again, I don't know all the details, so if anybody does, please clarify.
The Baker Act, which is also known as the Florida Mental Health Act of 1971, was enacted to protect the elderly from being committed to mental health facilities by their greedy relatives, apparently a common occurence at the time in Florida. It is meant to be used when someone is a danger to themselves or others. Only a police officer, a treating physician, a psychologist, psychiatrist, or licensed mental health counselor can have someone Baker Acted. (Of course, if a citizen reports someone as a danger, the police will act on that. Better safe than sorry.) Within 72 hours, the person must be examined by a clinical psychologist at the nearest receiving facility. If they are no longer a danger, they must be released. If they are deemed still to be dangerous, then a petition must be filed by the psychologist with the courts and they will receive a hearing to determine involuntary placement, which is no more than six months. (After that, there needs to be another exam and hearing.) If you want to know exactly what this law is all about, you can find it at http://www.flsenate.gov/statutes/ under Title XXIX, Chapter 394, Part I. (I know all this because I'm earning my degree in mental health counseling.)
To Baker act; Is to take them to a behavioral facility do to the fact that the police officer believes that the person in not mentaly stable and/or a danger to them selves or other persons
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You're reading Has anyone heard of "The Baker Act"? I think it's a law in Florida. It's used in a sentence like I'd Baker Act her
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Thank you
by Little big mouth on June 28th, 2009