Reforms to Baker Act would benefit everyone, Florida Today, July 11, 2003, Florida Sheriff's Association

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Florida Today

July 11, 2003

EDITORIAL
Reforms to Baker Act would benefit everyone

Florida's Baker Act was passed in 1971 to protect individuals from being forced into mental institutions, but in reality it often hinders effective care for troubled children and mentally-ill adults who refuse treatment.

That's one reason health-care advocates, along with the Florida Sheriff's Association, are correct in seeking reforms in the Florida Legislature to broaden Baker Act treatment options.

Specifically, a bill that failed to reach the Senate floor this year would let courts order outpatient care in Baker Act cases, including compliance with medication treatments prescribed to manage psychiatric disorders.

Florida is one of only nine states that doesn't allow courts that authority, and it's time to change course.

Currently, Baker Act regulations allow police, mental-health professionals or judges to arrange the temporary confinement of people who present a danger to themselves or others. They must be examined within 72 hours and released if it's determined they no longer present a threat and will not suffer neglect.

While this safeguards those who don't need confinement, it makes little provision for those who need treatment but not necessarily long-term hospitalization to safely return to the community.

The system can work like a revolving door, with patients repeatedly subjected to the Baker Act, then released. Families often can't cope with the behavior of mentally ill relatives or force them to take medications prescribed to control symptoms of psychiatric disorders.

Too often, such patients end up homeless or incarcerated after violent episodes.

Troubled children whose parents can't find or afford counseling are too often caught in this vicious cycle, refused services until a child actually breaks a law and becomes eligible for care under the juvenile justice system.

That cycle costs the state thousands in medical, administrative and court fees. It also ties up the schedules of law enforcement agencies. For instance, the Brevard County Sheriff's Office processed 883 Baker Act reports in 2002, with numbers increasing every year.

Baker Act reform legislation is certain to resurface in the Legislature next year. It should be approved because we're convinced at-risk children, mentally-ill adults and their families will benefit. However, there are two major caveats.

Final legislation must include clear guidelines against abuse of this new power, which should be used only with patients who have repeatedly failed to comply with treatment guidelines and clearly pose a danger to themselves or others.

And money must be identified and tied to the proposal, which advocates claim will actually save taxpayer dollars. That's proven to be the case in other states and can be in Florida with careful implementation of court-ordered outpatient treatment.

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