Many people have questions as to their human rights when it comes to involuntary commitment, especially the involuntary commitment of children into psychiatric wards and facilities.
While The Citizens Commission on Human Rights of Florida, does not give legal or medical advice, the following information will help to answer some of the frequently asked questions and will be referenced for the reader’s convenience.
General and important information regarding involuntary commitment and psychiatry
Per “The Florida Senate Interim Project Report 2006-103, “Part I of Chapter 394, F.S., The Florida Mental Health Act also known as ‘the Baker Act’ governs the examination, admission, and treatment of persons for mental illnesses. Although for purposes of involuntary examination, the Baker Act does not differentiate between children and adults, several sections of Chapter 394, F.S., refer specifically to minors.”
This Interim report admits that “unclear and sometimes conflicting interpretations of the Baker Act as it relates to children have evolved over time.” At the time this report was written, a recommendation was made for the Florida Legislature to conduct a study of the legal rights of children under the Baker Act, as was recommended by the Supreme Court Commission on Fairness in 1999”.
Initially the Baker Act was enacted into Legislature in 1971 “in order provide emergency admission for evaluation of persons who because of a mental illness were likely to physically injure self or others.”
The original intent of the Baker Act has been altered to suit the vested interests of the psychiatric community. (more…)
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CCHR Florida