Writing a baker act

baker act rights

In our viewpoint, the important points to know are that : A person does have the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others A telephone that allows for free local calls and access to a long-distance service is to be made available as soon as reasonably possible The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially.

Where can I find more information about the Baker Act?

Writing a baker act

Each patient entering treatment shall be asked to give express and informed consent for admission or treatment. She is not a danger to herself or to others. What steps must be taken to obtain an ex parte order? The person is examined at the facility and the staff and doctors there determine any further action. Often we are called on to respond urgently to obtain the release of someone who may have been incorrectly confined to a mental institution without their consent. There are many people who may have serious mental health issues and fail to obtain treatment, who should be involuntarily confined under the Baker Act so that they can receive appropriate treatment. If the person has been living independently for decades, has family and a support system available, and has had no prior mental health problems, the odds are he or she should not be involuntarily confined. How long may a person be held under an ex parte Baker Act order? However, more often they are units in a hospital, usually called a "behavioral health unit. About six months later, the nanny quits and the wife and her husband finally received a solid offer on their house which has been on the market for three years and they will have to move in two weeks. Sometimes this is the only way they will ever be treated.

She feels she is a prisoner, confined without any rights. If required, we are prepared to file an emergency Petition for Writ of Habeas Corpus with the local Circuit Court to have you brought before the judge for an emergency release hearing.

Patients shall have the right to contact and to receive communication from their attorneys at any reasonable time. Seniors living on their own and teenagers are often the "victims" of this.

Wrongful baker act lawyers

If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. Often we are able to obtain a prompt release of the confined person in cases in which the basic requirements for an involuntary confinement under Florida Law do not exist and the patient should not have been confined. For a link to a website which contains additional information and forms for Baker Act cases, including the complete Baker Act and the state regulations agency rules implementing it, click here. We have been involved in working on an expedited basis with the hospital, mental institution or court to obtain the release of individuals who should not be confined or who desire to be released into the custody and care of their family or back to their own independence. He has a plane ticket to leave the next day. As a result, he or she rants and raves and threatens the doctors and staff with litigation or refuses to talk to them. Receiving Facilities for our area can be found in this list provided by the Florida Department of Children and Families. An erroneous confinement under the Baker Act can occur for a number of different reasons. Now her husband and kids are at home without a nanny and without mom. Mom is angry and upset because she is not suicidal, feels she has been betrayed by her doctor and is not a threat to herself, her children or anyone else.

If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. However, more often they are units in a hospital, usually called a "behavioral health unit.

can you visit someone who is baker acted
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QUESTIONS AND ANSWERS: BAKER ACT RIGHTS