Sun Sentinel Broward Edition

Building a better Baker Act, one legislativ­e session at a time

- By David Silvers State Rep. David Silvers, D-West Palm Beach, represents District 89 in the Florida House of Representa­tives.

The Baker Act was groundbrea­king when it first passed in the early 1970s because it created new protection­s for individual­s with mental illness while getting them treatment. Today, it is still a very important part of Florida law for that same reason.

The Baker Act allows individual­s believed to have a mental illness who are dangerous to oneself or others to be deprived of liberty so that they can be medically assessed and stabilized. It’s a complicate­d law, and it interacts with many other laws governing schools, nursing homes and hospitals — places where individual­s may be found in serious need of help.

How the law applies, especially where children are involved, has been a major source of controvers­y, and that was one reason, back in 2017, I passed my first piece of legislatio­n, House Bill 1183, in the Florida House of Representa­tives. The bill created a Baker Act Task Force to investigat­e the use of the Baker Act on minors, with particular focus on children sent for medical evaluation by school authoritie­s. I felt as though I had hit a significan­t milestone in just my first year in the Legislatur­e.

The task force met for six months after the bill was signed into law and provided a list of recommenda­tions to the Legislatur­e.

Once these recommenda­tions were provided, I knew my work on mental health for minors was not done. To the contrary, it had only begun.

In 2019, I filed bills based on several of the task force’s recommenda­tions, House Bills 361 and 363, both of which were passed and signed into law. I followed that up in the 2020 legislativ­e session with House Bill 945, which requires the Department of Children and Families and the Agency for Health Care Administra­tion to identify children who are frequent users of crisis stabilizat­ion services and to meet the behavioral health needs of such children. This bill, signed into law by the governor, also created protocols for Mobile Response Teams for de-escalation of behavioral health events at schools, a measure lauded in a statewide grand jury report assessing our state’s mental health framework.

This year, the Baker Act has continued to be one of my top issues as I proposed House Bill 829, on operation and administra­tion of the Baker Act.

House Bill 829 requires the Department of Children and Families to update and maintain key informatio­n resources that help the hundreds of thousands of law enforcemen­t officers, school administra­tors, clinicians, facility directors and others who implement the Baker Act to understand the law and act correctly. It was also passed and signed by the governor, and it will preserve an individual’s liberty while ensuring those who truly need treatment will get it.

Looking forward to my final year in the House of Representa­tives before being term-limited, I plan on continuing my quest to improve the mental health framework in our state. I filed another bill on this subject this year that did not pass, which would increase behavioral health performanc­e requiremen­ts for Medicaid managed care plans covering children. In 2024, re-filing this bill and making sure children get the help they need will be among my top priorities.

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