Committed: Florida's Use Of The Baker Act On Kids

The state’s process for involuntary psychiatric evaluations is getting a major overhaul under new legislation that’s cleared the legislature this year, with advocates saying its long overdue.

For years, some lawmakers have been pushing major rewrites of the Baker and Marchman Acts—two key pieces of law that enable people to be involuntarily committed for psychiatric evaluation. The latest effort is again in trouble. While Republican Sen. Aaron Bean describes his proposal as more of a “tweak” to the system, some stakeholders suggest there’s a lot left undone.

Parents have long fretted about schools’ ability to circumvent them in critical health decisions regarding their children. Now, those loopholes are getting smaller after the legislature approved provisions requiring parents be notified before their child is sent for an involuntary psychiatric exam. It's part of a years-long effort by parents rights groups and mental health advocates to curb the use of the state's Baker Act on children.

More than 37,000 children were sent for involuntary psychiatric exams in the 2018-19 fiscal year. The number has grown every year for the past decade. Lawmakers are aware of it. So are advocates, law enforcement and state agencies. Legislative solutions remain elusive and proposals on the Baker Act this year appear to be going nowhere. The Southern Poverty Law Center is the latest organization to call out the Baker Act’s use on children. WFSU News Director Lynn Hatter recently spoke with the SPLC’s Bacardi Jackson about the organization’s findings.

When it comes to children, Florida's law regarding involuntary commitments for psychiatric treatment is applied inconsistently.

To keep children from being committed under the Baker Act, some schools are addressing early childhood trauma and changing their approach to student discipline.

Data shows children who are committed under the Baker Act often are referred by school officials. School shootings and other incidents have placed more pressure on officials to intervene.

Each year, about 36,000 children in Florida are involuntarily committed for psychiatric evaluations under the state's Baker Act and disabled kids are becoming increasingly ensnared.

The number of children who are taken for involuntary psychiatric evaluations in Florida increases every year. This is the first story in a five-part series about how the state's Baker Act affects children.