Baker Act

In This Article

• Petition Involuntary Services
• Rights of Patients & Habeas Corpus

Petition For Involuntary Services

Once a petition for involuntary services or BA 32 is filed, the facility must file that petition with the court, and a court hearing shall be set and the case heard within five court working days from the filing of the petition. In that court hearing, a magistrate or Circuit Court judge will hear evidence and determine by clear and convincing evidence whether the individual meets the criteria to be held for involuntary inpatient placement in a secure facility or involuntary outpatient services. If during that hearing the State of Florida does not meet its burden of presenting clear and convincing evidence that the patient meets the criteria for involuntary inpatient services, then the patient shall be released.

Criteria For Involuntary Outpatient Services Under Section 394.467 (2)(a) (2024), Florida Statutes.

In order to be ordered into involuntary outpatient services under the Section 394.467(2)(a), Florida Statutes the person must meet the following criteria:

1. The person has a mental illness and, because of his or her mental illness:
   • a. He or she is unlikely to voluntarily participate in a recommended services plan and has refused voluntary services for treatment after sufficient and conscientious explanation and disclosure of why the services are necessary; or
   • b. Is unable to determine for himself or herself whether services are necessary.
2. The person is unlikely to survive safely in the community without supervision, based on a clinical determination.
3. The person has a history of lack of compliance with treatment for mental illness.
4. In view of the person’s treatment history and current behavior, the person is in need of involuntary outpatient services in order to prevent a relapse or deterioration that would be likely to result in serious bodily harm to himself or herself or others, or a substantial harm to his or her well-being as set forth in s. 394.463(1).
5. It is likely that the person will benefit from involuntary outpatient services.
6. All available less restrictive alternatives that would offer an opportunity for improvement of the person’s condition have been deemed to be inappropriate or unavailable.

Criteria For Involuntary Inpatient Placement Under Section § 394.467 (2)(a), Florida Statutes.

In order to be ordered into involuntary inpatient placement under the Fla. Stat. § 394.467(2)(b) the person must meet the following criteria:

1. The person has a mental illness and, because of his or her mental illness:
   • a. He or she has refused voluntary inpatient placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of for treatment; or
   • b. He or she is unable to determine for himself or herself whether inpatient placement is necessary; and
2. • a. Is incapable of surviving alone or with the help of willing, able, and responsible family or friends, including available alternative services, and, without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being;

   or

   • b. Without treatment, there is a substantial likelihood that in the near future the person will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting to cause, or threatening to cause such harm; and
3. All available less restrictive treatment alternatives that would offer an opportunity for improvement of the person’s his or her condition have been deemed judged to be inappropriate or unavailable.

Once the petition is filed, the State of Florida becomes the interested party and therefore, the state attorney’s office of the circuit in which the petition is filed will have the burden of proving that the patient meets criteria.

At that hearing for involuntary treatment services the the patient is entitled to the services of a lawyer in his or her representation as stated in Section 394.467(5), Florida Statutes. That lawyer can be privately retained or one that is appointed to represent the patient. Regardless of the source of payment, the patient’s attorney is entitled access to the petition, records related to the patient, the patient and witnesses relevant to the patient’s case. Additionally, the patient has the right to request an independent examination under Section 394.467(7)(3)(b), Florida Statutes. The court shall then ensure that one is provided if the patient cannot afford one. The independent expert’s report is confidential unless the independent expert is called as a witness.

Please see Section 394.467(7), Florida Statutes, or give Paul Figueroa Law a call if you have additional questions about the hearing on the involuntary services process.