Florida Baker Act: How to Get Discharged! (Part 4)

(Video 4 of 6) According to 394.469, Fla. Stat.; Fla. Admin. Code R. 65E-5.320, a person is required to be discharged "at any time the person no longer meets the criteria for involuntary placement, unless the person has transferred, by express and informed consent, to voluntary status. If the person being discharged is under a criminal charge, he or she must be transferred to the custody of the appropriate law enforcement agency at the time of release." https://www.flcourts.org/content/down... "At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Each patient held in a facility shall receive a written notice of the right to petition for a writ of habeas corpus." F.S. 394.459(8)(a) When a person is Baker Acted, they have the right to fill out a Writ at any time. They do not have to wait until a petition is filed. Additionally, a family member or friend can fill out a writ on behalf of the person. Parents can do this on behalf of their children that have been Baker Acted. When a Writ is filled out, it MUST be filed as soon as possible. Once the Writ is filed, the public defender's office is notified immediately and the individual will be seen by the public defender within 24 hours. Filing a Writ of Habeas Corpus is the best option for ensuring a patient can be discharged WITHIN the 72 hours of a Baker Act. You can download the Writ of Habeas Corpus by clicking the link below: https://www.myflfamilies.com/service-... You can download a copy of the Request for Discharge by clicking the link below: https://www.myflfamilies.com/service-... 00:44 Discharge Tools 01:43 WRIT of Habeas Corpus 02:11 Difference between Voluntary & Involuntary 02:34 Benefit of signing voluntary? 04:13 Request for Discharge Form 05:21 Discharge Planning Caveat 07:03 How 72 HR turns in to NINE day stay w/ chart 08:55 WRIT after signing voluntary 09:34 How the WRIT works 10:41 5 day stay scenario 11:35 BEST case scenario - Getting Discharged w/i 72 hours 12:26 At the 72 hour mark 14:04 Additional Treatment