Blog


Baker Act of children

Category:

By Kyra Gurney Of the Miami Herald Handcuffs and a psych exam for a 7-year-old? Schools do that too often, parents say. A 7-year-old at Miami’s Coral Way K-8 Center was handcuffed, put in the back of a police car and taken to a hospital for an involuntary psychiatric exam after he hit and kicked […]

Read More keyboard_arrow_right


My firm and the Baker Act

Category:

My firm has a process so a person who should not be held under the Baker Act gets discharged quickly. A person should be released if the criteria for a Baker Act examination are not met. If the person has been living independently, has a support system available, and has had no prior mental health […]

Read More keyboard_arrow_right


Baker Act initiation

Category:

Every day someone who lives in Florida or a visitor is taken for involuntary psychiatric examination. Baker Act initiations occur so the POSSIBILITY of an adverse outcome is avoided. A Baker Act initiation often is only to avoid liability by police officers, or emergency room physicians, or mental health professionals. Many Baker Act initiations are […]

Read More keyboard_arrow_right


The Child & The Baker Act

Category:

During the five-year period between 2011 and 2016, the number of children in Florida who were subjected to A Baker Act rose by almost half. During the same time, Florida’s population rose by only 5.5 percent. Several highly-publicized cases involving young children have increased public consciousness. Florida sets no minimum age at which a child […]

Read More keyboard_arrow_right


Competence & Mental Illness

Category:

Mental illness and legal incompetence are not the same; it does not necessarily follow that all mentally ill people are legally incompetent.  Competency certification is a procedure during a Baker Act that can be misunderstood and applied unfairly. Psychiatrists at a Baker Act receiving facility certify competence. What may not be widely known is that someone can be held under a Baker Act […]

Read More keyboard_arrow_right


Competence & Contracts

Category:

An issue when faced with disputes about the meaning of words in a contract, courts may look outside the words to other evidence that speaks to the intent of the parties and whether there was truly a “meeting of the minds.” In the context of health care and informed consent, there may be issues of […]

Read More keyboard_arrow_right