CCHR Challenges Baker Act's Impact on Florida Children and Parental Rights

The Citizens Commission on Human Rights (CCHR) has raised significant concerns regarding the application of Florida's Baker Act to children, framing it as a direct violation of parental rights. This critique emerges even as Florida has positioned itself as a leader in the parental rights movement through legislative measures like the Parents' Bill of Rights enacted in 2021, which was designed to affirm and protect parents' authority over their children's education, health, and welfare, including mental health care. Despite these advancements, the state continues to report thousands of children undergoing involuntary psychiatric examinations each year under the Baker Act, a law permitting involuntary examination for individuals deemed a danger to themselves or others.

While the Parents' Bill of Rights aimed to safeguard parental decision-making, the CCHR argues that the Baker Act's criteria are frequently bypassed. The law allows for intervention by family members or others if an individual appears to meet the criteria for examination, but the commission contends that these provisions are often overlooked, leading to unnecessary involuntary examinations of minors. Data indicates a reduction in such cases by nearly 10,000 annually following the bill's passage, yet the practice persists, suggesting ongoing systemic issues. For more information on the Baker Act, visit https://www.floridahealth.gov/licensing-and-regulation/mental-health/index.html.

Diane Stein, president of the Florida chapter of CCHR, attributes the continued use of the Baker Act on children to its profitability and misuse as a disciplinary tool. With costs averaging $1400 per day for psychiatric holds, financial incentives are substantial, particularly when stays exceed the legally mandated 72-hour period. This is exemplified in cases like that of Demoree Hadley, an adult who was held for two weeks without meeting the Baker Act criteria, underscoring potential abuses. The CCHR highlights that such extended stays amplify costs and raise ethical concerns about exploitation. Details on involuntary examination procedures can be found at https://www.myflfamilies.com/service-programs/samh/baker-act.

The CCHR is advocating for additional legislation to prohibit the Baker Act's application to minors entirely, emphasizing that parents have alternative avenues to seek help for their children without resorting to involuntary measures. The organization's stance underscores a broader need to protect parental rights and prevent what it views as unnecessary psychiatric examinations of children, which it argues constitute both a rights violation and a form of financial exploitation. This call to action reflects ongoing debates about balancing child safety with parental autonomy in mental health care. Further resources on parental rights in Florida are available at https://www.flsenate.gov/Laws/Statutes/2021/1014.01.