Involuntary Commitment and how to beat the Baker Act

There is alot of controversy about The Baker Act which is the involuntary commitment act in Florida.  It appears that the United States has a statute that adheres to ensure a pesrson is deemed a danger to themselves or to others and needs a court order before involuntary commitment occurs.  However, the State of Florida has a statute, The Baker Act, that enables anyone to be involuntarily committed for 72 hours without a court order.  A law enforement official (police offer) or any family member or the like can have a doctor state the person should be Baker Acted.

I came acoss this video made by someone who had been involuntarily committed and states she knows how to play the game in order to be discharged.

Check out her detailed video! 

Baker Act Abuse and involuntary commitment

http://intentions.wordpress.com/2008/06/13/baker-act-abuse-and-involuntary-commitment/

UPDATE: If your loved one has been involuntarily commitmented and you wish to help them visit www.cchrflorida.org in the state of Florida visit or check www.cchrint.org worldwide.

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3 Responses to “Involuntary Commitment and how to beat the Baker Act”

  1. Luis A Diaz Says:

    I have been backer acted need help to fight this I am 34 years old ,Allstate agent for 20 years I did not give them any reason please educate me Luis Diaz

  2. Elliander Says:

    One of the biggest problems with laws allowing Involuntary Commitment is the way it is written. As an example, Florida has “The Baker Act” which simply states that if a Psychiatrist feels a client might become a danger to oneself or others, regardless of any evidence that may or may not exist, that Doctor may act with the authority of a Judge and issue an effective court order to have the Police detain the client in their office and transport the client to a mental hospital. At that point the client is entitled to a 72 hour evaluation by another doctor which is considered the second opinion. If that doctor disagrees with the first doctor the client is released, effectively making those 72 hours an example of False Imprisonment. More often the second Doctor would be paid a bonus to keep beds full and so has a financial incentive to “feel” that the client is in need of further evaluation. Then the client has a right to a trial within 30 days before a Judge who can order a release. When it becomes evident that the client intends to do so the typical response is to force drug the patient via injection, which they have the right to do despite an adult patients right to refuse to swallow pills. When it goes to trial, the Judge can order an immediate release making the full 30 days an example of false imprisonment… However, be it 72 hours or 30 days of false imprisonment, the client is not entitled to any reparations. This is because the law is worded as an opinion and not a fact. A client cannot even sue the doctor for malpractice because no facts are required. In effect, a person is held as guilty until proven innocent and although due process appears to exist it is completely backwards… I know because this exact scenario happened to me when I was 18. I lost a job, lost a month of my freedom, and had to be released by court order. The irony is that this law was intended to “strengthen the due process and civil rights of persons in mental heath facilities” but at the same time made it easier to place a person in the same facilities though the history is obviously much worse. Here is a history of the Florida laws: http://www.dcf.state.fl.us/programs/samh/MentalHealth/laws/histba.pdf


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