Florida School Toolkit for K-12 Educators to Prevent Suicide
Implementation of the Baker Act is contingent upon the following: Involuntary Examination A person may be taken to a receiving facility for involuntary examination if there is reason to believe that he or she is mentally ill (see F.S. 394.463) and because of his or her mental illness: 1. H e or she has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination or he or she is unable to determine for himself or herself whether an examination is necessary. 2. W ithout care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services or there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior. Transportation Coordination When schools decide that a student needs to be safeguarded with the Baker Act, it is the school’s responsibility to coordinate how a student is transported; however, how the student will be transported is determined by who executes the paperwork. For example, if it is the school resource officer, then law enforcement must transport persons under involuntary status to the nearest receiving facility or hospital. After a school assesses the student for suicide risk, the school could call their local law enforcement officer to initiate the Baker Act. A school may also bring in a third party, such as a mobile crisis team, who could assess the student and arrange for the student to be transported to the facility or hospital. There is considerable variability concerning Baker Act implementation across Florida county school districts, and SMHPs, school administrators and school resource officers are encouraged to review their district policies. Completion of Mandated Forms While schools are not required to have policies for the Baker Act, there are mandated forms for schools if they decide to initiate a Baker Act. These are available on the Florida Department of Education website in English, Creole, and Spanish at myflfamilies.com/service-programs/samh/crisis- services/baker-act-forms.shtml. The handbook for the Baker Act, the Baker Act Handbook and User Reference Guide , is available at myflfamilies.com/service-programs/samh /crisis-services/laws/BakerActManual.pdf. Florida S.T.E.P.S.
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