How are voluntary and involuntary Baker Act admissions different?

Voluntary Baker Act Admission

A voluntary Baker Act admission occurs when a person 18 years of age or older, or a parent of a minor, applies for admission to a facility for observation, diagnosis, and treatment.

Involuntary Baker Act Admission

An involuntary Baker Act admission occurs upon a finding by a court that:

  1. A person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary
  2. He/she is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself/others as evidenced by recent behavior
  3. All less restrictive treatment alternatives are not appropriate

Show All Answers

1. What is a Baker Act proceeding?
2. How are voluntary and involuntary Baker Act admissions different?
3. How is an involuntary Baker Act proceeding initiated?
4. What steps must be taken to obtain an ex parte order?
5. What happens after the order is issued?
6. How long may a person be held under an ex parte Baker Act order?
7. Where can I find more information about the Baker Act?