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How can a 11 yr. old be acted when he was taken to this

How can a 11...

How can a 11 yr. old be baker acted when he was taken to this facility and stayed on a voluntary basis and the parents were told they could take him out any time. No doctor has seen him and he has done nothing the time that he has been there but color but when my son and his wife, the childs mother, went to pick him up they baker acted the child.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

FLorida

Lawyer's Assistant: Has anything been filed or reported?

No they had no paper work to show my son when he got to the facility

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just to say again that this was all done on a voluntary bases and they were told he could be taken out at any time.

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Answered in 41 minutes by:
2/18/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,908
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. How did the child come to be placed in the hospital in the first instance? That is, did his parents take him there or was he brought there by law enforcement?

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Customer reply replied 4 months ago
Nike goes to a church run school. He said something about he was going to go home and hurt himself. One of the other parents heard it and said something to the teacher. The teacher gave my son the name of this facility ( not a hospital) to see if they could talk with him and why he said what he did. They took him there on Friday and again they were told if he felt uncomfortable about staying he could leave at any time.

Thanks.

I should preface this by saying I am not a Florida lawyer. But from what I see in Florida's involuntary commitment statute, in order to admit him on an involuntary basis there are events that have to take place, and it doesn't look like they were done from what you're telling me.

Hospitals worry about liability and they may not want to release him if they haven't yet evaluated him and suspect he may be a danger to himself. To lawfully Baker Act him, however, they need either a court order, or a law enforcement officer who brought him in as a danger to himself or others and who filled out specific forms to that effect, or they need a certification from doctors who have examined him within the preceding 48 hours.

You can see the law here and look at the first 3 subsections:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/Sections/0394.463.html

It looks to me as if, armed with that statute, the parents can go to the hospital administrator today and try to demand his release if they can't show the appropriate authorization for his commitment. Otherwise, they'd have to get a mental health rights lawyer tomorrow to deal with this and try to get him released or transferred.

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Customer reply replied 4 months ago
Hi. I'm the mom of the 11 year old child that was "baker acted". My son vented in frustration he wanted to blow his head off. He doesn't have the means to kill himself. My husband and I (Nik's dad) took him to the facility for help to give him coping mechanisms and tools.

Thank you for the reply.

I stand by my answer. By tomorrow the hospital will likely have what they need to keep him for a bit under the Baker Act. But it looks like they didn't have that when you went to bring him home.

If a discussion with hospital administration won't get him out, then you need to get a Mental Health Rights (Baker Act) lawyer involved to make sure his rights are not being violated.

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Customer reply replied 4 months ago
Thank you for your help

You're very welcome.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
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Experience: Active member of the NYS bar since 1989
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