This was my response when asked what being Baker Acted entails. There are many exceptions depending on the individual circumstances, but this is a general explanation:
Baker Acting consists of lots of "well, if this happens, than this can happen..." The bottom line is the hospital can keep a person for 72 hours if deemed by a qualified professional the person is a harm to self or others. Most psychiatric hospitals only have visiting hours twice per week, so what they are saying about she can't see him makes sense. There are even designated phone times. The tricky part is once a person is in a mental facility, technically, they CAN keep him for more than 72 hours because he is now under the care of a psychiatrist. They rarely tell you that part when you are Baker Acted. On the flip side, the psychiatrist can release him before 72 hours lapse if the doc disagrees with whoever Baker Acted the individual.
How about when you volunteer to be re evaluated without any suicidal thoughts or harm to others ? I have to go thru admission like normal hospitalization. I'm I still prisoner baker act type?
ReplyDeleteGood question - unless you are deemed a danger to yourself or others, they cannot Baker Act you. The key is if you have a plan to kill yourself, they will Baker Act you to keep you safe. Also, if you are behaving irrationally or 'out of touch with reality', they can Baker Act you. Hope this helps...
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