Navigating Involuntary Holds in Florida: A Guide for Patients, Friends, & Families
When someone you love is going through a mental health crisis, it can feel frightening and overwhelming. In Florida, you may hear the term “Baker Act” and wonder what it means.
The Baker Act is Florida’s law that allows a person to be taken to a psychiatric facility for evaluation and treatment, even if they do not agree, when there is serious concern for their safety or the safety of others. This process is commonly called an involuntary hold.
While it may feel scary, the purpose of the Baker Act is not punishment — it is to provide safety, stabilization, and access to treatment during a crisis. This guide explains the different types of involuntary holds in Florida, what families can expect, and how you can support your loved one.
What Is the Baker Act?
The Baker Act is part of Florida Statutes, Chapter 394. It gives professionals the legal authority to place someone in a psychiatric facility when there is reason to believe they have a mental illness and:
They may cause serious harm to themselves (for example, suicidal behavior),
They may cause serious harm to others (for example, violent threats or actions), or
They are unable to care for themselves to the point of serious risk.
Step-by-Step: What Families Can Expect
Crisis Point
A loved one shows suicidal behavior, makes violent threats, or is unable to care for themselves.
A call to 911, law enforcement, or a mental health professional may trigger an evaluation.
Initiating a Baker Act
The law allows:
Law enforcement officers
Judges (through an ex parte order)
Certain licensed mental health professionals: physicians, ER physicians in designated hospitals, clinical psychologists, psychiatric nurses, licensed clinical social workers, licensed mental health counselors, and licensed marriage/family therapists.
Transport to a Receiving Facility
The person is taken to a designated Baker Act receiving facility for evaluation.
Families should ask staff which facility their loved one has been taken to.
Involuntary Examination (Up to 72 Hours of Clinical Services)
The person may be held for up to 72 hours of clinical services (not just clock hours) for psychiatric evaluation and crisis stabilization.
During this time, staff assess whether they meet criteria for release, voluntary treatment, or further involuntary care.
After the Examination
Release: If the person no longer meets Baker Act criteria.
Voluntary treatment: If they agree to sign in voluntarily.
Petition for Involuntary Placement: If continued inpatient or outpatient care is needed, the facility may petition the court.
Court Involvement
A judge must hold a hearing within 5 court days of the petition being filed.
The patient has the right to a lawyer (appointed if they cannot afford one), to present evidence, and to attend the hearing.
If the judge approves, the person may be ordered to involuntary inpatient treatment or outpatient placement for up to 6 months, with possible extensions.
Types of Involuntary Holds in Florida
Baker Act Involuntary Examination (Up to 72 Hours of Clinical Services)
Purpose: Emergency psychiatric evaluation and stabilization.
Who Can Initiate: Law enforcement, judges (ex parte order), or specific licensed mental health professionals.
Duration: Up to 72 hours of clinical services.
Involuntary Inpatient Placement
Purpose: Court-ordered inpatient psychiatric treatment.
Process: Facility petitions the court; hearing held within 5 court days.
Duration: Up to 6 months, with possible extensions.
Involuntary Outpatient Placement (Assisted Outpatient Treatment, AOT)
Purpose: Court-ordered treatment in the community.
Process: Facility petitions the court; hearing required.
Duration: Up to 6 months, with renewals possible.
Note: Outpatient placement is legally available but used far less often than inpatient placement.
Patient Rights Under the Baker Act
Even when placed under the Baker Act, patients have rights:
To receive written notice of why they are being held
To consult with a lawyer (appointed if needed)
To attend and speak at court hearings
To present evidence and call witnesses
To humane treatment and the least restrictive environment
To refuse certain treatments unless there is an emergency or court order
How Families Can Support a Loved One
Offer Reassurance
Let your loved one know you care and that this is about safety, not punishment.
Stay Involved
Ask the facility where your loved one has been taken.
Write down names of staff, doctors, and caseworkers.
Provide Useful Information
Share history, medications, or recent concerns with staff. Even if they cannot share details with you, your input is important.
Ask About Visits
Facilities may allow visits or phone calls; check rules for each center.
Plan for Aftercare
Ask about discharge planning, outpatient therapy, and support programs.
Take Care of Yourself
Supporting a loved one in crisis is stressful. Seek your own support through friends, family, or NAMI groups.
Common Questions Families Ask
How long can someone be held under the Baker Act?
Up to 72 hours of clinical services for the initial examination.
Can they be released sooner?
Yes. If doctors decide the person no longer meets Baker Act criteria, they can be released before 72 hours.
Who can Baker Act someone in Florida?
Law enforcement, judges (ex parte order), and specific licensed mental health professionals, including ER physicians in designated hospitals.
What happens after 72 hours?
The person may be released, agree to voluntary treatment, or the facility may petition the court for involuntary inpatient or outpatient placement.
Does a Baker Act go on someone’s criminal record?
No. It is a civil and medical process, not a criminal charge.
Is outpatient treatment common?
It is legally available but less commonly ordered than inpatient treatment.
Final Thoughts
Having a loved one placed under the Baker Act in Florida can be frightening. You may feel powerless or unsure of what comes next.
Remember:
The Baker Act is meant to protect your loved one and others during a crisis.
Your loved one still has rights and dignity.
You can play an important role by staying calm, informed, and supportive.
With the right knowledge and resources, you can help your loved one move from crisis toward recovery.
