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rawis954 · Jan 28, 2012, 05:15 PM

I need someone with information on how the baker act works to give me some insight. Recently I have a mental breakdown and hear some voices. I told the police and they baker acted me. The hospital classified me as scizophrenic and want me to take medication and I refused. They came into my room after 4 days and gave me a **** and that point I realized if I wanted out I had to take meds so I did I got out ten days later. Is it legal for them to hold you for that long. My question is I have to see a phyciatrist for medication if I don't want to go and don't want the medication can they baker act me. I feel like it should be my choice to take the medication if I want right, or wrong. I feel like I had a breakdown and was misdiagnosed now they are trying to tell me I NEED the medication or ill be super paranoid well news flash I don't take them and I am fine so ha. But if they find out I am off the medication or just refuse to take it because it makes me fat its my choice. Please someone shed some light on my situation.

Fr_Chuck · Jan 28, 2012, 08:13 PM

Ok, you may think you are fine, but to be honest, people who are paranoid and scizophrenic always think they are fine when they don't take their meds.

But yes, they may hold you for the first medical check, then if they believe you could be a danger to yourself or others, they can hold you till you are considered safe enough to reenter society.

And yes, if they feel you have become a danger again, they may pick you up for a evaluation, and * three days I think * did not look it up and it has been a few years since we did this to someone. But during that time, if the eval shows you are a danger you are keep and treated with evals on a regular basis.

But if you are not well, and could be a danger it is really not your choice, since the idea is, your mental state is not well enough to make a proper choice.

You will need to go to a doctor, and be evaluated and proven not to need the medication. That can be given to these other doctors to end it.

rawis954 · Jan 30, 2012, 09:11 PM

Its not that I think I am fine I don't have scizophrenia I had a breakdown that was mis interpreted as scizophrenia. MY scenario is say I don't have health insurance to pay for my meds how can they baker act you for neglect. (they could say you're a harm to yourself?) so I would have to talk to a different psychiatrist and get a medical evaluation saying that I don't have scizophrenia? And then the other doctors and counselors can't baker act me for refusing their meds?

Wondergirl · Jan 30, 2012, 09:28 PM

Hearing voices? What do they say?

Why do you think meds will make you fat?

rawis954 · Jan 31, 2012, 06:57 AM

Nort hearing voices, but they say diabetsneed insulin and I need medicxation. I gained 40 poundsa already on zyprexia. So back to the baker act can they baker act me?

J_9 · Jan 31, 2012, 07:08 AM

In part...

How is an involuntary Baker Act proceeding initiated?

A. A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person to the nearest receiving facility for an examination.

B. A physician, clinical psychologist, psychiatric nurse, or clinical social worker may execute a certificate that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person named in the certificate to the nearest receiving facility for an examination.

C. A court may enter an ex parte (on behalf of one party, without notice) order stating that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person into custody and deliver him or her for an examination.

What steps must be taken to obtain an ex parte order?

A person who has personal knowledge of the behavior of the individual, should give sworn testimony. The individual believed to be suffering from mental illness should be in Leon County. The petitioner(s) must have observed the behavior and must have talked to the individual about obtaining a voluntary examination within a few days. The Clerk's Office will assist with the necessary paperwork.

Because paperwork has to be processed, the petitioners should visit the Clerk's Office by 3:30 p.m. The petitioners should bring a valid photo identification of themselves and should be prepared to provide a specific address for the individual.

Found here... The Baker Act