In Florida –
1. YOUR child may be removed from school
2. Transported to a psychiatric facility
3. Held for up to 72 hours WITHOUT YOUR CONSENT OR KNOWLEDGE! – See Video Below
This is too common an Occurrence and can happen to your child. Sign the Petition on right and help us revise the Baker Act Law. *
Protect Your Children by Using a form called a Non-Consent which Informs the School They Must Contact You Before Taking Any Action Under the Baker Act with Your Child. Follow the Steps Below.
1. Click on blue link on right then print or download form. Look above and to right of the form for the print and download buttons.
2. Take the form to a notary, sign it and have it notarized (one form for each child).
3. Make a copy of the form(s) and keep copies for your records.
4. Deliver the form(s) to each child’s school administrator.
5. Please inform other parents and ask them to do the same. This form is available in both English and Spanish on the blue links above.
The Citizens Commission on Human Rights of Florida worked with two attorneys to put together the NON-CONSENT form.
The NON-CONSENT form is meant to prevent, or at least limit, the state’s ability to remove a child from school for psychiatric examination. The notices given in the form put a school on alert that it should not allow a student to be examined without the consent of the parent/guardian. There are certain emergencies in which removal for examination would be allowable, even if this kind of NON-CONSENT form were used. However, the filing of the form would give a school pause before allowing removal for an involuntary psychiatric examination. The form is easy to use, you simply fill it out and get it notarized, then file it with the school. In so doing, you are demanding that your parental rights be respected, that the school call you before taking drastic action that can lead to a very traumatic experience for a child or teen, possible false mental health labels, drugging and potentially thousands of dollars in medical bills.
Below is Current Florida Baker Act Law
1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or the person is unable to determine whether examination is necessary; and
2a) Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or
2b) There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to self or others in the near future, as evidenced by recent behavior.
REFERENCE: Involuntary Examination s. 394.463, F.S. Chapter 65E-5.280, F.A.C. Criteria s. 394.463(1), F.S.
This means that school personnel or the school resource officer have the legal right to remove your child from school grounds, without your permission or knowledge, and send them to a psychiatric facility for examination if they feel your child meets the criteria for involuntary commitment. They are only required to inform you AFTER they have had your child committed and transported to a psychiatric ward.
In 2014, there were a total of 181,471 involuntary examinations initiated which was an almost 82% increase from 2002 to 2014 and 17% (30,850) of the total involuntary examinations were on children.
* Video Source: http://www.wftv.com/news/local/woman-upset-after-officer-baker-acted-9-year-old-s/107160305