Dealing with a Family Member with a Mental Health Illness in the Orlando, Florida Area
- July 26, 2021
- ontarget
- Family Law
- baker act, Florida law, mental health
- 0 Comments
Do you have a family member, loved one, or friend who has a mental illness? Are you at wits’ end trying to get them help? Are you concerned for their safety or the safety of others because of their mental health issue? Are you at a loss for what to do to get them the help and treatment that they need? Are you analyzing your options? Do you feel that there are too few places to get services and help for that loved one?
I attended an excellent seminar on these issues sponsored by the Orange County, Florida Bar Association. At that seminar, Marni Stahlman spoke on these issues along with the Baker Act and Hal Marchman Act. She is with the Mental Health Association of Central Florida. They may be able to help you even if the person is uninsured or underinsured. If you need their help, you can call them at (407) 898-0110.
The Baker Act
The Florida Statute that deals with mental health issues is Florida Statute 394.451-394.4789 (BAKER ACT). You may have heard the term “Baker Act.” You may have had to call the police because you were afraid of your loved one and afraid that they would hurt someone because of their behavior. You may be afraid that your loved one is suicidal.
If you are afraid that your loved one is suicidal and a danger to themself or others, you can call law enforcement. We learned at the seminar that the Orlando Police Department and Orange County Sheriff’s Office are trying to send mental health experts with law enforcement with them to deescalate these kinds of situations.
How the Baker Act Works
If law enforcement finds that the individual is a danger to themself or others, they will ask the individual if they want to be voluntarily Baker Acted. That way the individual can get treatment to stabilize them. Even if the individual does not want to be Baker Acted, law enforcement can involuntarily Baker Act the individual if they are a danger to themself or others.
If your family member is Baker Acted, they will be transported to a receiving facility wherein they will be evaluated by a physician, clinical psychologist, or licensed mental health provider. The individual can be held for 72 hours and then must be released, or there must be a hearing to determine if the individual can be committed for treatment.
An individual will be released if they have stabilized in the 72 hours. The receiving facility may petition for involuntary placement of the individual. If they do that, the individual must have a hearing before a judge within 5 days. At the hearing, the individual will be given a public defender to represent them. The State of Florida must prove their case with clear and convincing evidence to keep the individual involuntarily committed.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.