Florida Baker Act: Attorney? (Part 5)

(Video 5 of 6) A petition has to be filed before the 72 hours expires; otherwise, the facility is holding an individual against their will and are in violation of the Florida Statute. Typically, if a person declines to sign voluntary before the 72 hour expiration, the patient will be inform that a petition is being filed. This typically angers the patient. The underlying emotion of anger is FEAR. In order for a patient to overcome that fear, they usually end up signing voluntary. More times than not, this results in extending their stay a minimum of 2 days. If a petition is filed, a hearing MUST be held within 5 days. One of the professionals that executed the petition must be a witness and the hearing is held at the facility. Typically, the witness is the treating psychiatrist. If there is a hearing, clear and convincing evidence has to be provided to support that a person meets criteria for continued involuntary commitment, then the person could be committed to a mental health facility for up to 6 months. The Public Defender’s responsibility is to represent the Baker Acted person! The Public Defender is the patient's advocate and should be accessed immediately by filling out a WRIT within the first 24 hours of admission. 00:35 Public Defender vs. Private Attorney 01:10 Petition for Involuntary Commitment 01:49 Insurance Coverage influence? 02:20 Voluntary vs. Involuntary Requirements 03:00 Emotion Regulation = Don't let FEAR win 03:35 FEAR tactic 04:03 Filing of Petition Process 05:06 Clear & Convincing Evidence! 06:48 Public Defender's Role