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What is Necessary for a Baker Act, an Involuntary Placement in the Orlando, Florida Area

Under section 394.467, Florida Statute (2020), also known as Baker Act, the State must present clear and convincing evidence of statutory criteria before a person may be involuntarily placed for treatment. 

The criteria for involuntary placement under the Baker Act is found in the statute:

1. Criteria – A person may be ordered for involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that:

1. He or she has a mental illness and because of his or her mental illness:

1.a. He or she has refused voluntary inpatient placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of inpatient placement for treatment; or

1. He or she is unable to determine for himself or herself whether inpatient placement is necessary; and

2.a. He or she is incapable of surviving alone or with the help of willing and responsible family or friends, including available alternative services, and without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; or

1. There is substantial likelihood that in the near future he or she will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm; and
2. All available less restrictive treatment alternatives that would offer an opportunity for improvement of his or her condition have been judged to be inappropriate. Section 394.467(1)(a)-(b), Fla. Stat. (2020).

The Baker Act Criteria cannot be established by speculative belief. There must be clear and convincing evidence that without treatment, the patient would pose a real and present threat of substantial harm to him or herself, or likelihood that in the near future he/she will inflict serious bodily harm on him or herself or another, as evidenced by recent behavior. Importantly, conclusory testimony, unsubstantiated by facts in evidence, is insufficient to satisfy statutory criteria by clear and convincing evidence standard. 

If you have more questions regarding a Baker Act 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.