Baker Act
A Baker Act per Florida Statute 394.455(18) is:
Impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality. Impairment substantially interferes with a person’s ability to meet the ordinary demands of living.
An Involuntary Examination of a student or person must meet the following criteria of Involuntary Examination per Florida Statute 394.463(1):
- Reason to believe person has a mental illness and because of mental illness, person has refused or is unable to determine if examination is necessary, and either:
- Without care or treatment, is likely to suffer from neglect or refuse care to self, and such neglect or refusal poses a real and present threat of substantial harm to ones well-being and it is not apparent that such harm may be avoided through the help of willing family members, friends or the provision of other services: or
- There is substantial likelihood that without treatment the person will cause in the near future serious bodily harm to self or others, as evidenced by recent behavior.
Resources