Baker act | psychiatrist | st thomas university

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                           Vanessa Fuentes

                      St. Thomas University

            NUR 620: Psychiatric Management I

                       Dr. Wilson-Romans

                            May 15, 2023

Greeting colleagues,

     An individual may be taken to a receiving facility for involuntary examination under the Florida Baker Act, also known as the Florida Mental health Act (Florida Department of Children and Families, 2023). This act dictates the following: 1) there must be just cause to involuntarily apprehend an individual in society, 2) taking take them into custody beyond their free will, if the danger they pose to themselves.  or others in the society is so grave… or 3). other individuals could be at the utmost level of danger if exposed to this person. Some parameters or indications that help all stakeholders in the wellbeing of such a person in crisis mode (such as outpatient psychiatry clinicians, family, civil emergency personnel and ultimately law enforcement) include: A) It has been deemed that due to a patient’s psychiatric or behavioral health state, they are in need if emergent psychiatric care; and due to that same limiting condition, the person in active crisis refuses; B) the risk-ratio is of high likelihood that if absent an emergent psychiatric evaluation, self-harm or harm to others is inevitable; C) or that if this attempt at a potentially life-saving measure is not conducted, the individual’s prognosis is grim regarding safety, well-being, or right to life (Florida Department of Children and Families, 2023).

     Police will continue to carefully assess a situation where any homeless person in which the community called 911 on, or law enforcement, regarding threats or self-harm (walking into traffic or threatening suicide to an onlooker)/harm to others (stabbing, pyromania etc) (Manet, 2022). If in this context based on rapid assessment including any family, bystanders or other officers present; a person during a mental health crisis is responsive to cues, diffusion and redirection… law enforcement can now have additional tools and community resources on hand to de-escalate a public situation. Perhaps an individual may be acting out alarmingly, but innately, they are attempting to in fact show they desire help. 

     There are some situations where a homeless person finds themselves acting disordered, lude (perhaps undressed), or under the influence in public. There are thousands or perhaps millions of persons that could be behaving the same way at a residence or obscured by the walls that surround them. However, statistically, if a homeless person who has adopted a certain neighborhood or locality to reside; there is already a heightened chance of interaction with public safety officials/law enforcement/rescue personnel, etc. (Florida Department of Children and Families, 2023). While the following regarding Baker Act is applicable to all persons of our society, homeless individuals will be inherently more vulnerable to run-ins with others when they happen to be experiencing an emergency or unstable situation.

     A resource flyer or information plaquard (a sturdy, easier to store) with contacts/addresses to homeless housing, demographics listed of all shelters within an amenable amount of distance, and ways to connect with homeless advocacy groups with a permanent address. 

     Unfortunately, there are too many jurisdictions in the United States where non-threatening homeless individuals are “picked up by the cops.” Their first contact is typically with police and a jailhouse. If there is no criminal offense or further evidence that they require to remain in custody, they are released and the situation continues to perpetuate with a negative impact on all persons involved. 

     An individual may be taken to a receiving facility for involuntary examination under the Florida Baker Act, also known as the Florida Mental health Act (Florida Department of Children and Families, 2023). This act dictates the following: 1) there must be just cause to involuntarily apprehend an individual in society, 2) taking take them into custody beyond their free will, if the danger they pose to themselves or others in the society is so grave… or 3). other individuals could be at the utmost level of danger if exposed to this person. Some parameters or indications that help all stakeholders in the wellbeing of such a person in crisis mode (such as outpatient psychiatry clinicians, family, civil emergency personnel and ultimately law enforcement) include: A) It has been deemed that due to a patient’s psychiatric or behavioral health state, they are in need if emergent psychiatric care; and due to that same limiting condition, the person in active crisis refuses; B) the risk-ratio is of high likelihood that if absent an emergent psychiatric evaluation, self-harm or harm to others is inevitable; C) or that if this attempt at a potentially life-saving measure is not conducted, the individual’s prognosis is grim regarding safety, well-being, or right to life (Florida Department of Children and Families, 2023).

     Police will continue to carefully assess a situation where any homeless person in which the community called 911 on, or law enforcement, regarding threats or self-harm (walking into traffic or threatening suicide to an onlooker)/harm to others (stabbing, pyromania etc) (Manet, 2022). If in this context based on rapid assessment including any family, bystanders or other officers present; a person during a mental health crisis is responsive to cues, diffusion and redirection… law enforcement can now have additional tools and community resources on hand to de-escalate a public situation. Perhaps an individual may be acting out alarmingly, but innately, they are attempting to in fact show they desire help. 

     There are some situations where a homeless person finds themselves acting disordered, lude (perhaps undressed), or under the influence in public. There are thousands or perhaps millions of persons that could be behaving the same way at a residence or obscured by the walls that surround them. However, statistically, if a homeless person who has adopted a certain neighborhood or locality to reside; there is already a heightened chance of interaction with public safety officials/law enforcement/rescue personnel, etc. (Florida Department of Children and Families, 2023). While the following regarding Baker Act is applicable to all persons of our society, homeless individuals will be inherently more vulnerable to run-ins with others when they happen to be experiencing an emergency or unstable situation.

     A resource flyer or information plaquard (a sturdy, easier to store) with contacts/addresses to homeless housing, demographics listed of all shelters within an amenable amount of distance, and ways to connect with homeless advocacy groups with a permanent address. 

     Unfortunately, there are too many jurisdictions in the United States where non-threatening homeless individuals are “picked up by the cops.” Their first contact is typically with police and a jailhouse. If there is no criminal offense or further evidence that they require to remain in custody, they are released and the situation continues to perpetuate with a negative impact on all persons involved.