For thousands of Florida parents, the Baker Act has become a nightmare rather than a safeguard. Originally designed as an emergency intervention for those who pose an immediate danger to themselves or others, the law is now widely misused and abused, particularly against children. Families often find themselves blindsided when their child is taken for involuntary psychiatric examination—sometimes without their knowledge or consent.

This article will explore how the Baker Act is failing families, exposing children to unnecessary psychiatric holds, harmful drug treatments, and violations of parental rights.

What is the Baker Act?

The Florida Mental Health Act, commonly known as the Baker Act, allows for the involuntary commitment of individuals deemed to be a danger to themselves or others. Law enforcement officers, medical professionals, and even school resource officers can initiate a Baker Act hold.

The intent may have been to protect individuals in crisis, but the reality is far from that. Instead, the law has become a tool for psychiatric facilities to detain people—especially children—under questionable circumstances, often without genuine justification.

How the Baker Act is Being Abused

Despite its original purpose to protect the rights of those labeled as mentally ill, the Baker Act is widely overused, particularly in cases involving children. Consider these alarming trends:

✅ At it’s peak in 2020/2021, over 39,000 children were Baker Acted each year in Florida—many without parental consent. (The Baker Act and Your Rights)
✅ Despite changes to the law, many children are taken directly from schools without their parents even being informed until after the fact.
✅ Parents often have no legal recourse to stop the involuntary psychiatric hold.
✅ Some children are held for days and even drugged against their parents’ wishes.

Instead of protecting children, the Baker Act often serves to benefit psychiatric facilities financially, as each new admission generates significant revenue. See this article in the New York Times on Acadia Healthcare.

Parental Rights: Are They Being Ignored?

Under Florida law, parents have the right to direct their child’s mental health care. However, the Baker Act is often used to bypass these rights, placing children in psychiatric facilities where:

🔹 Parents cannot immediately remove their child from the facility.
🔹 Children can be forcibly drugged when an “ETO”, short for Emergency Treatment Order, is given by a doctor. This allows drugs to be forcibly administered if the patient is in “trouble”. This can include acting up, shouting, or generally misbehaving.
🔹 Informed consent is ignored, with parents being left out of critical decisions about their child’s mental well-being.

Many parents never even get a phone call until after their child is already in a locked psychiatric ward.

Real-Life Cases: Families Devastated by the Baker Act

One case that made headlines involved a 6-year-old girl in Jacksonville who was Baker Acted from her elementary school for merely throwing a tantrum. The police restrained her, placed her in a patrol car, and took her to a mental health facility—without her mother’s consent.

In another case, a 14-year-old boy was Baker Acted after telling a school counselor he was “stressed about homework.” Instead of offering him support, the school had him removed and committed to a psychiatric facility where he was heavily medicated without parental approval.

These aren’t isolated incidents. This is a growing pattern of systemic abuse that strips parents of their rights and traumatizes children.

You can see current numbers on the Baker Act Dashboard here.

Why Psychiatric Facilities Benefit from the Baker Act

Psychiatric hospitals profit from involuntary commitments. Each new patient means insurance billing, Medicaid claims, and increased revenue for the facility. When children are wrongfully detained:

💰 Facilities can charge thousands of dollars per stay
💰 Drugs forcibly administered under an “Emergency Treatment Order”, further drive profits.
💰 There is little oversight or accountability to prevent unnecessary detentions

Simply put, detaining more children means more money—even when the children shouldn’t be there in the first place.

How You Can Protect Your Child

If you’re a parent in Florida, here’s how you can protect your child from unjust Baker Acting:

✅ Know your rights – Parents have the legal right to direct their child’s mental health treatment.
✅ Fill out a non-consent form and provide it to your school. This will ensure school officials understand that the Baker Act is a last resort, not a disciplinary tool. Use this form here.
✅ Demand informed consent – Any psychiatric evaluation or treatment must involve parental approval.
✅ Take action immediately – If your child has been wrongly Baker Acted, call the Baker Act Abuse Hotline for urgent assistance.(800-782-2878)

Take Action: Stop the Abuse of the Baker Act

The misuse of the Baker Act is not just a legal issue—it’s a human rights violation. Florida families should not live in fear that their child could be forcibly taken away and subjected to psychiatric treatment without consent.

🚨 If your child has been wrongly Baker Acted, call the Baker Act Abuse Hotline now: 800-782-2878.

📢 Want to learn more? Request our FREE INFORMATION KIT on psychiatric abuse and parental rights.

It’s time to hold psychiatric facilities accountable and protect Florida families from unnecessary psychiatric detentions.