The Baker Act allows for a person to be picked up and transported to a crisis stabilization unit for an involuntary psychiatric examination. It is based on the behavioral criteria that the person may be harmful to himself or others. If the person meets these criteria, the judge signs the Emergency Admission Order prepared by the Clerk.
Certified copies of the order are given to the petitioner with instructions to give them to the law enforcement agency having jurisdiction in their area. This gives the agency the authority to take the individual to a receiving facility to be evaluated.
Petition the court
To petition the court for an involuntary psychiatric examination order, the petitioner must have observed the behavior of the person. You must know the address, date of birth, age, height and weight of the person who needs the examination.
The person must be in Miami-Dade County and not in a hospital or jail. To allow time for processing, you must be at Probate Court prior to 3:30 p.m.
A valid photo identification with your signature on it, such as a driver's license, passport, resident alien card or Florida Identification Card is required. There is no filing fee for this petition.
Requesting police transport
The order will be given to the petitioner in a sealed envelope. The petitioner must contact the police, and they will transport the person to the nearest crisis stabilization unit or prearranged private facility.
Alcohol/Drug Abuse Treatment
If you are seeking involuntary treatment for a person with alcohol or drug abuse problems, the forms are available at: Clerk's Office Probate Court (for Adults) or Clerk's Office Juvenile Court Services (for Minors).