Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Does anyone know what the requirements are to get someone

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 09:10 PM
Original message
Does anyone know what the requirements are to get someone
"Baker Acted" in the state of Florida. I have tried to look some stuff up but it only made me more confused. If someone knows firsthand tha would be great.:eyes:
Printer Friendly | Permalink |  | Top
porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 09:15 PM
Response to Original message
1. I believe the requirements would be here:
Edited on Fri Oct-21-05 09:17 PM by porphyrian
http://www.dcf.state.fl.us/mentalhealth/laws/bainvex.pdf


You'll need the Adobe Acrobat Reader/plugin to view the page.

From the document:

"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. Because of his or her mental illness the person has refused voluntary examination or is unable to determine whether examination is necessary; and

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.
Printer Friendly | Permalink |  | Top
 
stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 09:21 PM
Response to Reply #1
3. So a person who is possibly destructive to themselves and to others
around them and at times has no wish to live due to the fact of being strung out on intoxicants(DRUGS)- Based on what I read above I am thinking No, but I am not sure. Maybe some advice here??
Printer Friendly | Permalink |  | Top
 
porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 09:40 PM
Response to Reply #3
4. I think there may be a way to do it through involving law enforcement...
...but you might not want to go that route unless the situation's serious. Who are we talking about here? Friend? Relative? How urgent?
Printer Friendly | Permalink |  | Top
 
stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 10:01 PM
Response to Reply #4
6. It is my spouses brother and his wife(they are sperated) is the
one who worried for his and other peoples safety.
Printer Friendly | Permalink |  | Top
 
porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 10:06 PM
Response to Reply #6
7. Yeah, what Corgigal said below.
Contact the Sheriff's department non-emergency line and explain your situation and ask about the Baker Act. It sounds like you might have a situation that qualifies. Either way, they'll let you know. Hopefully, it won't cause you family problems worse than what you already have. If it saves lives, it won't anyway. Good luck and let us know what happens.
Printer Friendly | Permalink |  | Top
 
stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 10:08 PM
Response to Reply #7
8. Thank you and thanks Corgigal
Edited on Fri Oct-21-05 10:08 PM by stop the bleeding
:yourock:
Printer Friendly | Permalink |  | Top
 
ultraist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 10:10 PM
Response to Reply #1
9. Aren't they relative requirements? Must be a spouse or parent? n/t
Printer Friendly | Permalink |  | Top
 
philarq Donating Member (273 posts) Send PM | Profile | Ignore Fri Oct-21-05 09:15 PM
Response to Original message
2. Baker Act is involuntary Psychiatric examination
http://www.dcf.state.fl.us/mentalhealth/laws/index.shtml
http://www.psychlaws.org/PressRoom/faqonbakeract.htm

What are the criteria for involuntary psychiatric exams in Florida?

Florida law permits a mental health professional, law enforcement officer, or judge who issues an ex parte order to initiate an involuntary examination only when a person meets the following criteria:

f there is reason to believe that he or she is mentally ill and because of his or her mental illness:

(a) 1.  The person has refused voluntary examination after conscientious explanation and (a) disclosure of the purpose of the examination; or

(a) 2.  The person is unable to determine for himself or herself whether the examination is (a) necessary; and

(b) 1.  Without care or treatment, the person is likely to suffer from neglect or refuse to      care for himself or herself; such neglect or refusal poses a real and present threat of      substantial harm to his or her well-being; and it is not apparent that such harm may be      avoided through the help of willing family members or friends or the provision of other      services; or

(a) 2.  There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to      himself or herself or others in the near future, as evidenced by recent behavior.
Printer Friendly | Permalink |  | Top
 
Corgigal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 09:42 PM
Response to Original message
5. call your local non emergency
sheriffs office. They serve the baker acts and I'm sure you will get your answers.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Apr 19th 2024, 04:09 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC