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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116828
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My 10 year old son was acting up and t mself to get me

Customer Question

My 10 year old son was acting up and hit himself to get me angry. I called police to come and talk with him as I am a widow and had no one nearby to help me. He is not a trouble maker of mentally ill. The police officer filed a bakers act report and now I cannot see my son and he is at an er that does not have any pediatrician physicians. How to I get to take him home?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under FL law, if the child is committing self abuse and you called the police the police are mandated to take action. This means they must commit him under the Baker Act and he must be observed for 72 hours for them to make a decision. However, if they cannot examine him within 72 hours he must be released or they must go to court to get an order to continue to hold him.
You cannot take him home, HOWEVER, you can find a local psychologist or psychiatrist to see your son to sign off on the Baker Act release or you would have to make arrangements to get him transported for the mental health examination that is now mandated under the Baker Act.
I am afraid that this is the FL law. So if they do not get him examined in 72 hours, you can go to legal aid if you cannot afford an attorney, and they would have to file in court to order his release and that would be the only way you could get him home.