The Citizens Commission on Human Rights (CCHR) has raised concerns over the Baker Act's application to children in Florida, labeling it a violation of parental rights. Despite Florida's legislative advancements, including the Parents' Bill of Rights in 2021, which aimed to safeguard parents' authority over their children's mental health, the state continues to see thousands of children subjected to involuntary psychiatric examinations annually.
Florida has been at the forefront of the parental rights movement, with the Parents' Bill of Rights ensuring parents' fundamental rights, including directing their children's mental health care. However, the CCHR points out that the Baker Act's criteria, which include the possibility of intervention by family members, are often overlooked, leading to unnecessary involuntary examinations of children. The number of such cases has decreased by nearly 10,000 per year following the bill's passage, yet the practice persists.
Diane Stein, president of the Florida chapter of CCHR, attributes the ongoing issue to the profitability of Baker Acting and its misuse as a disciplinary measure. With costs averaging $1400 per day, the financial incentives are significant, especially when stays extend beyond the legally mandated 72 hours, as seen in cases like that of Demoree Hadley, an adult who was held for two weeks without meeting the Baker Act criteria.
The CCHR advocates for further legislation to eliminate the Baker Act's use on minors, emphasizing parents' ability to seek help for their children through other means. The organization's call to action underscores the need to protect parental rights and prevent the unnecessary psychiatric examination of children, a practice they argue is both a rights violation and a financial exploitation.
