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What Can You Do If A Family Member is Baker Acted in Florida?

Many people have family members, friends or relatives who were Baker Acted in the State of Florida. The family members are usually frantic when this happens and want to know what they can do. They usually want to know if they can get their relative out of the facility where they were taken when Baker Acted. 

In Florida, when an individual is Baker Acted, the facility may keep the individual for three days. However, the three days do not include weekends and holidays. Many times, the person is Baker Acted by police. However, they may not be technically admitted to the facility until the next day. Thereby, some people remain in the facility for five days because of the weekend or a holiday. 

Most people who are Baker Acted are released after seventy-two (72) hours if they confirm with the facility that they will attend outpatient treatment and take their medication. The Baker Act is there to stabilize someone with mental health issues who are involuntarily committed to a facility in Florida. A person may also voluntarily Baker Act themself in Florida.  

If the facility plans to keep the individual for longer than seventy-two (72) hours, they must petition the court within 5 days to keep the person at the facility. More information regarding this process can be found in Florida Statute 394, which can be read here. The statute specifically defines the procedures for the examination and treatment of individuals with mental illness who pose a risk to themselves or others. 

Any time the individual is being held in the facility, a relative, friend, guardian, or attorney may petition on behalf of the person for habeas corpus to remove the individual from the facility. They can file this petition in a circuit court. The procedure to do this can be found in the statute. You can request a mandatory injunction in your habeas corpus petition to enjoin and prevent the facility from holding your loved one and to immediately release the body (habeas corpus) from the facility. In the Petition for habeas corpus, you are challenging the custody and legality of your loved one’s detention. You are asking the court to decide that your loved one is unlawfully kept at the facility.   

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. on 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.