Reply #2: Baker Act is involuntary Psychiatric examination [View All]

[philarq]

http://www.dcf.state.fl.us/mentalhealth/laws/index.shtml
http://www.psychlaws.org/PressRoom/faqonbakeract.htm

What are the criteria for involuntary psychiatric exams in Florida?

Florida law permits a mental health professional, law enforcement officer, or judge who issues an ex parte order to initiate an involuntary examination only when a person meets the following criteria:

f there is reason to believe that he or she is mentally ill and because of his or her mental illness:

(a) 1.  The person has refused voluntary examination after conscientious explanation and (a) disclosure of the purpose of the examination; or

(a) 2.  The person is unable to determine for himself or herself whether the examination is (a) necessary; and

(b) 1.  Without care or treatment, the person is likely to suffer from neglect or refuse to      care for himself or herself; such neglect or refusal poses a real and present threat of      substantial harm to his or her well-being; and it is not apparent that such harm may be      avoided through the help of willing family members or friends or the provision of other      services; or

(a) 2.  There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to      himself or herself or others in the near future, as evidenced by recent behavior.