The Baker Act is a legal process meant to help people who have a severe mental health issue. This can mean that the person is involuntarily held against their will so that they can be adequately assessed and treated to help ensure their safety. There are many factors that go into the decision to initiate a Baker Act. Talking to a mental health professional can help clarify aspects of your particular situation.
Law enforcement officers, mental health professionals, ARNPs, and doctors can initiate a Baker Act. The Baker Act also allows family and friends to petition the court to initiate the act, this is often called an “Ex Parte Baker Act”.
Your local county clerk of court can help direct you to forms that walk you through the process for your particular county. Some lawyers specialize in helping with this as well.
In many instances of an Ex Parte Baker Act, law enforcement will be ordered to take the person into custody and transport them to the nearest receiving facility. This can be any time of the day or night.
The Baker Act is meant to help people with a mental health issue. There is another law that is designed to help people with a substance use issue, that is the Marchman Act. Often times it can be difficult to decide which one might help your loved one. Talking with a counselor can help you with your specific situation. If you have any questions please reach out.
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