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jberryhill

(62,444 posts)
8. Shrinks usually, but cops can do it too
Tue Feb 20, 2018, 05:32 PM
Feb 2018

All states have variations on the Florida statute, and it is generally used as a verb as in, to "Baker Act" someone:

https://en.wikipedia.org/wiki/Florida_Mental_Health_Act

The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person:

possibly has a mental illness (as defined in the Baker Act).
is in danger of becoming a harm to self, harm to others, or is self neglectful (as defined in the Baker Act).

Examinations may last up to 72 hours after a person is deemed medically stable and occur in over 100 Florida Department of Children and Families-designated receiving facilities statewide.

...

Specific criteria must be met in order to initiate involuntary examination. Among those criteria are the following elements, that by themselves, do not qualify an individual as having met or meeting the criteria:

Reason to believe that the person has a mental illness; refusal of voluntary examination; the person is unable to determine whether examination is necessary. Criteria are not met simply because a person has mental illness, appears to have mental problems, takes psychiatric medication, or has an emotional outburst. Criteria are not met simply because a person refuses voluntary examination. Criteria are not met if there are family members or friends that will help prevent any potential and present threat of substantial harm.

The criteria, as stated in the statute, mentions a substantial likelihood that without care or treatment the person will cause serious bodily harm in the near future. ("Substantial" means ample, considerable, firm or strong.)

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