Florida Girl Abuses Baker Act: DCF Creates Better System to Fix Failures
2024-04-14
Disclaimer: This article was written for informational purposes only and includes personal details with my daughter's approval.
On The Books
On March 21, 2024, the Department of Children and Families (DCF) announced the kick-off of The Baker Act data dashboard. This modernizing initiative for systemwide reporting will increase access and transparency between participating care facilities.
Modernization efforts will improve the mental health system of care in Florida. -- DCF
The Baker Act
The Florida Mental Health Act of 1971 is referred to as the "Baker Act." The act allows for short-term, inpatient voluntary and involuntary examination, inpatient voluntary and involuntary admissions for assessment and treatment of a mental illness, and involuntary outpatient treatment for mental illness.
The name originated from Florida's state representative, Maxine Baker, who served from 1963 to 1972. She had a strong desire to assist people with mental health issues and sponsored the bill while serving as chair of the House Committee on Mental Health.
The Florida Baker Act focuses on crisis services for individuals facing challenges in mental illness.
Involuntary Examinations
As defined in Florida Statutes 394.455 in great detail, specific criteria must be met to initiate an involuntary mental health examination. One satisfied does not qualify for an involuntary assessment - all must be met as determined by a qualified professional.
This is a small sampling of the language in the law, as written:
"has a mental illness as defined in section 394.455, Florida Statutes, and is refusing voluntary examination after conscientious explanation and disclosure of the purpose of the examination OR is unable to determine for himself/herself whether the examination is necessary
AND
without care or treatment, said individual is likely to suffer from neglect or refuse to care for himself/herself, and such neglect or refusal poses a real and present threat or substantial harm to his/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
there is a substantial likelihood that without care or treatment, the individual will cause serious bodily harm to self and/or others in the near future, as evidenced by recent behavior."
Once an individual has met the criteria, they receive mental health examinations in the short-term window of up to 72 hours. There are over 100 DCF-designated facilities statewide.
The New Dashboard
The Backer Act dashboard was created to better serve those with mental health challenges. The data provided will identify areas of high use, and repeat admissions, and offer reasons for where and why initiations occur as regional and geographic trends are revealed.
Transparency, including demographics, will be updated on the dashboard weekly - as opposed to the original annual reporting process.
DCF Secretary Harris stated, “With the most comprehensive, publicly available dashboard in the nation, this improved access to information will help gain insight into evaluations for emergency mental health stabilization, empowering the Department and mental health providers to be more proactive and versatile in our approach to providing preventive mental health services.”
Transparency of data is critically important for Florida’s system of care. -- Melanie Brown-Woofter, Florida Behavioral Health Association (FBHA) President and CEO.
Key features of the dashboard include:
an enhanced user-friendly interface,
mobile-friendly access,
data download capability, and
state-of-the-art security measures to protect sensitive information.
The goal is to afford better opportunities for partners and stakeholders to access quality data with ease. The enhancements will assist in making informed community-level decisions regarding crisis care.
From the Trenches Commentary
Mental illness is not an indication of intellectual ability. My daughter's mental health challenges interfered with structured learning environments leaving her holding a tenth-grade education, now close to 30 years old.
I lost count of how many Baker Acts she's had and all the facilities she's been admitted to for a few days a pop.
Her first experience being "Baker-Acted" at roughly 14 years old resulted in discomfort. She recounted the hard wooden make-shift cots, 'scary' patients, and a lackluster interaction with health care professionals.
But, the Melbourne, Florida, street-savvy survivor in her turned it into a weekend away. She learned the ropes quickly. What to say to deputies, any authority, and behaviors to draw out for added drama, that would ensure her being carted away.
The facilities she used often (as if they had a revolving door) were "Circles of Care." Her exams and discharge were consistently approached and none yielded forward progress or wellness.
"The mission of Circles of Care is to promote and provide high-quality mental health, alcohol, drug abuse, and related services to its customers through its hospital-based and State and County contracted programs."
For our family, The Baker Act was better in theory than practice. The new Baker Act dashboard may be a step in the right direction if viewed as a building block toward better mental health services.
Patients aren't data or numbers. People require engaged counselors with a vested interest in wellness.
Florida is facing workforce shortages across 161 facilities that provide mental health services and across 32 counties, according to the U.S. Health Resources and Services Administration. -- Florida Phoenix
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