On Involuntary Commitment In Florida
Updated: Sep 22
Table of Contents
What Is Involuntary Commitment and When Is It Appropriate?
What Is the Baker Act in Florida?
Primary Prevention Strategies
Secondary Intervention
Tertiary Intervention
Recommendations for Getting Support
Frequently Asked Questions
What is Involuntary Commitment and When is it Appropriate?
Involuntary commitment due to psychosis is a disturbing, yet common clinically indicated occurrence meaning patients with specific symptomology may require it for safety reasons. Although the thought of forcing an individual to receive treatment in a locked psychiatric hospital may sound like a horror film, when done with a clinically based approach and compassion, it can be a lifesaving event. If it were not for involuntary commitment, people disabled by chronic mental illness would most likely wander the streets confused and vulnerable, completely unable to attain medication or desperately needed treatment.
While training as a student psychologist, much of my clinical experience was with severe and chronic mental illness due to persistent thought disorders. During my first internship, I was placed at a locked facility for severe mental illness. I was terrified and believed I would have to transfer practicums. As the weeks went by, I started to realize that the initial shock of seeing psychosis firsthand dissipated. It became apparent to me that although this hospital may not be where I saw myself practicing psychology long-term, it was definitely an area that needed more professionals willing to help. From that point on, I made it my mission to learn as much about serious mental illness as I could.
Although there are many different mental disorders which can ultimately lead to psychosis (schizophrenia, bipolar disorder, and substance abuse), unfortunately, if left untreated, the end result is usually involuntary commitment. Being forced to come to a hospital on a locked unit and receive medication can be devastating and even traumatizing for patients. Because this is often a necessary intervention, it is crucial to carry it out in the most humane and professional way possible. I will now address different aspects of involuntary commitment in order to shed light on possible strategies for helping those who need it the most.
In the state of Florida, involuntary commitment is carried out through the Baker Act, a statute first enacted in 1971. The Baker Act allows a judge, a law enforcement officer, or a qualified mental health professional to initiate what's called an involuntary examination. Before someone can be held, there has to be evidence that they have a mental illness as defined by the statute, and that they are a danger to themselves, a danger to others, or unable to care for their own basic needs. The examination period can last up to 72 hours and takes place at one of more than 100 designated receiving facilities across the state. In practice, the Baker Act gives certain professionals the authority to get someone into immediate psychiatric care when waiting simply isn't safe.
Involuntary commitment is particularly relevant and useful to psychologists because it allows mental health professionals the ability to protect their patients when possible danger to themselves or others is a risk. It is also a way for psychologists to protect themselves legally. If a patient discloses that he or she is suicidal, for instance, and plans to ingest a bottle of Tylenol, by utilizing involuntary commitment, the therapist has done everything possible to ensure the patient’s safety. Psychologists obviously cannot go home with patients and this is sometimes the means to know their patient will be out of harm's way for at least 72 hours. Finally, involuntary commitment is particularly helpful to psychologists because it often catalyzes patients into receiving more intensive treatment which may have been needed. Furthermore, because many psychiatric issues are a direct result of the patient’s environment, being Baker Acted forces the individual out of that specific environment which may be harmful and gives them an opportunity to make necessary living changes. Although being Baker Acted may be a necessary intervention for some people, there are many primary prevention strategies which can prevent it from ever happening in the first place or not happening numerous times (Poland & McCormick 1999).
Did you know?
According to the USF Baker Act Reporting Center's most recent annual report, Florida logged more than 161,000 involuntary examinations in a single fiscal year, and roughly one in five involved a minor. The Baker Act isn't a rare, last-resort law. It's used across the state every day, which is exactly why understanding how it works matters for families in South Florida.
What Is the Baker Act in Florida?
The Baker Act gets talked about often in South Florida, but most people only understand pieces of it. Here's what it actually covers.
Who can initiate it. Three types of people can start the process: a judge through a court order, a law enforcement officer who witnesses someone in crisis, or a mental health professional, such as a psychiatrist or psychologist, who has already evaluated the person. Family members cannot initiate a Baker Act on their own, though they can call 911 or a mobile crisis unit to request one.
Baker Act 52 versus Baker Act 32. These two terms come up constantly and cause a lot of confusion. A Baker Act 52 refers to a voluntary admission, meaning the person agrees to the evaluation and treatment. A Baker Act 32 refers to the involuntary process, where the person did not consent and is being held under the legal criteria described above. The distinction matters because it affects a person's rights during the hold and what happens if they want to leave early.
What rights a person keeps during the hold. Being examined under the Baker Act does not mean someone loses all their rights. Patients are still entitled to humane treatment, to be informed of their status, and to have contact with an attorney. The hospital cannot hold someone indefinitely without review. At the 72 hour mark, the facility has to either release the person, get their agreement to continue treatment voluntarily, or go to court to request continued involuntary placement.
What it costs. Baker Act examinations happen at designated receiving facilities, many of which accept insurance, Medicaid, or Medicare, and the state also funds care for people without coverage. Costs vary by facility and by the length of stay, so this is worth confirming directly with the receiving facility if you're navigating it for a loved one.
Primary Prevention Strategies
Primary prevention can either come from oneself or the local community. Based on my own clinical experience, I believe that when prevention strategies are utilized across both areas, people who struggle with mental illness maintain the best prognosis. Personal primary prevention skills include but are not limited to attending weekly individual and group therapy, medication management (when prescribed), recognizing and reaching out to support systems, open communication, and charting of particular triggers and symptoms. Many of these activities must be provided by the community itself, or the individual who needs help cannot find it even if they try. This is why the local community has responsibility to offer as many mental health services and resources as possible.
Secondary Intervention
Secondary intervention is short-term activities to manage and minimize a crisis (Poland & McCormick 1999). When involuntary commitment is necessary, it certainly does not mean that the individual will have to be hospitalized forever. In other words, people are no longer locked up and the key thrown away. In today’s society, people are hospitalized for up to 72 hours in order to monitor and assess whether or not they are safe to go home and care for themselves or be cared for by loved ones. In severe cases, some people do not recover right away with medication and therapy, in which case longer-term treatment is necessary. Even in this case though, patients are still assessed every month to six months to evaluate whether or not they are well enough to go home. Furthermore, it should be mentioned here that psychiatric hospitals are no longer places where people are tortured and abused. The government has taken many steps now to ensure the well-being and safety of patients institutionalized.
In any case, secondary interventions after an involuntary commitment occurs are important, whether or not the patient is released from the hospital. While in the hospital, these can include resources offered by the hospital itself, for instance, short-term (crisis intervention-oriented) individual and group therapy, psycho-education classes, medication management, and daily structured activities. While in the hospital, support from family and friends is also important immediately after the crisis has occurred. If the individual is no longer hospitalized after a couple of days, all of the same things are necessary (therapy, education, medication, structure, and support) only it is up to the family and patient to seek this type of intervention for themselves. Either way, the important message is that although primary prevention activities can help to keep someone from being hospitalized involuntarily in the first place, secondary interventions can help to make treatment and recovery more effective and lasting.
Tertiary Intervention
Finally, tertiary intervention is long-term assistance for those most affected by the crisis (Poland & McCormick 1999). It is important to understand that the person being involuntarily committed to a psychiatric hospital is usually not the only person to experience distress. It is upsetting and at times, traumatizing for loved ones as well. Tertiary intervention takes into account not only the patient, but their family and friends as well on a long-term basis. Types of intervention can include long-term individual and group therapy, psycho-education, support groups, and learning to intervene in early stages of relapse. These types of assistance are for the patient, family, and friends.
The topic of involuntary commitment is relevant to South Florida living where so many communities have high rates of chronic addiction, severe mental illness, and homelessness. Baker Act can be a means of preventing crises with permanent consequences from ever happening. For instance, in the Jonesboro case, perhaps if the student’s teachers and loved ones had noticed that he needed help earlier on, they would have been able to intervene by getting him the treatment he so desperately needed. The same can be said for some of the suicide and self-injury cases that we discussed in class. If intervention had occurred earlier, their condition may not have worsened. Of course, no one can prevent natural disasters, but unfortunately, after one does occur, many people are in need of significant help. If prevention and planning take place before the disaster does, then fewer people may have a psychological breakdown afterward.
Furthermore, in the case of natural disasters, involuntary commitment can sometimes save people’s lives. While completing my training in Fort Lauderdale and Miami, I worked with several people displaced from Hurricane Katrina. At the time, the hospital was the only place they had to go while they tried to cope with such a great loss and got back on their feet.
After investigating the topic of involuntary commitment and severe mental illness, I have learned many things. Number one, being Baker Acted or forced to go to the hospital for psychosis is not necessarily a bad thing. It can help people to finally get the treatment they desperately need. I have also learned that it can be prevented by following certain primary prevention activities such as therapy, medication, support, and asking for help. The most important thing I have learned about this topic is that anyone can be involuntarily committed. People with severe mental illness are often committed to psychiatric hospitals at numerous times in their lives. Unfortunately, other people, for instance, some going through a divorce or a death in the family can have an emotional breakdown which can result in drug abuse, violence, and suicidal ideation. In these cases, even though the individual may have never even been in mental health counseling, it is important for family and friends to recognize the severity of their condition.
Many times people avoid involuntary commitment because of shame, fear of hurting their loved one, or even denial. Sometimes the kindest thing one can do for their loved one is recognize when the situation has gotten out of control. When people avoid necessary hospitalization because of cost, embarrassment, or denial, too often one or even more people can wind up injured or dead. In reality, if a loved one is endangering themselves or others, the family and friends have an obligation to let somebody know.
Recommendations to Psychologists
Recommendations to psychologists are as follows: Number one, psychologists need to have as much knowledge as possible about involuntary commitment or Baker Act for psychosis and severe mental illness. Although school and of course the licensing exam covers these issues, it is up to each psychologist as a professional to maintain up-to-date information regarding this topic so that they are helping people in the most appropriate way possible. Number two, family and friends are not the only people who avoid involuntary commitment. Psychologists too have some reservations about hospitalizing patients. The psychologists may feel that they are breaking confidentiality or causing more trauma for the patient. If carried out accordingly, the Baker Act is a tool for psychologists in Florida to better serve their patient’s needs, even if the patient is resistant or unaware of it at the time.
If you or someone you know has questions about when it is appropriate or necessary to go to the hospital or request a Baker Act, please contact MorMindful Therapy & Psychiatry at 561-460-1885 and we will do our best to give you additional information about what options and resources are available to you. After hospitalization, voluntary or involuntary, an aftercare treatment plan should be created which the providers at MorMindful are equipped and ready to do.
Frequently Asked Questions
1. What is the Baker Act in Florida?
The Baker Act is Florida's mental health statute, first enacted in 1971, that allows a judge, law enforcement officer, or qualified mental health professional to initiate an involuntary psychiatric examination for someone believed to have a mental illness and to be a danger to themselves, a danger to others, or unable to care for their own basic needs. It authorizes up to 72 hours of evaluation at a designated receiving facility.
2. Can I request an involuntary commitment for a family member myself?
Family members cannot personally sign someone into a Baker Act hold, but you can request an evaluation. Calling 911, contacting a mobile crisis unit, or asking a treating clinician to file the paperwork are the usual paths. If your loved one is already in outpatient care, their therapist or psychiatrist at a practice like MorMindful's psychiatry team can help assess whether that level of intervention is appropriate. (Link "MorMindful's psychiatry team" to https://www.mormindful.com/services/psychiatry-medication-management)
3. How long does an involuntary commitment last?
The initial examination period is capped at 72 hours. After that window, a receiving facility must either release the person, have them agree to voluntary treatment, or petition a court for continued involuntary inpatient placement. Most people are reassessed well before the 72 hours are up.
4. Is being Baker Acted the same as being arrested?
No. An involuntary examination is a medical and psychiatric process, not a criminal one. It does not create an arrest record, though it is documented in a person's medical history. The goal is safety and stabilization, not punishment.
5. What happens after someone is released from an involuntary hold?
Discharge planning should always include an aftercare plan, which typically means outpatient therapy, psychiatric medication management, and support from family. Continuity of care matters here: a person leaving a locked facility without a follow-up appointment already scheduled is far more likely to end up back in crisis.
6. Can children be involuntarily committed under the Baker Act?
Yes. Minors can be examined under the Baker Act, and state data shows this happens tens of thousands of times a year in Florida. Because the criteria and the emotional impact are different for a child than an adult, families navigating this should look for a provider experienced specifically in child and adolescent psychiatry, not just general adult care. (Link "child and adolescent psychiatry" to https://www.mormindful.com/services/child-psychiatry)
7. What can I do to prevent a mental health crisis before it reaches this point?
Consistent outpatient therapy, staying on prescribed medication, staying connected to a support system, and tracking early warning signs are the main protective factors. If someone has already had one involuntary examination, ongoing psychiatric care and therapy significantly lower the odds of it happening again.
Supervising Licensed Psychologist
Owner at MorMindful Therapy & Psychiatry
