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Can my mother use the Baker Act against me? Florida

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  • Can my mother use the Baker Act against me? Florida

    I am almost 18. I already have plans to move out of my mothers house but she claims that she can use the Baker Act to force me to continue living with her. I have done some research and it appears that the Baker Act is for people with mental health problems and people who are not able to sufficiently take care of themselves. I must point out that my mental health over all is pretty good. Im not into suicide or any of that. I also can take care of myself. I already have a place to live when I move out of state. Can anyone help me with this "mommy issue"?

  • #2
    Originally posted by LeahDollface View Post
    I am almost 18. I already have plans to move out of my mothers house but she claims that she can use the Baker Act to force me to continue living with her. I have done some research and it appears that the Baker Act is for people with mental health problems and people who are not able to sufficiently take care of themselves. I must point out that my mental health over all is pretty good. Im not into suicide or any of that. I also can take care of myself. I already have a place to live when I move out of state. Can anyone help me with this "mommy issue"?
    Your mother would have to call the police claiming that you were in immediate danger of harming yourself, or someone else. The police would come out and based on your statements and demeanor at the time, would decide if you should be taken to a facility or not for observation.

    A couple of years ago there was a big thing about how the police agencies weren't being taught how to recoginize a person who needed to be Baker Acted. That was solved by the state requiring classes for all law enforcement officers. They are trained now to know what to do and how to tell if a person is truly indanger or not.

    If your mother does try, all you have to do is remain CALM, and answer the officer's questions calmly and truthfully. If for some reason, you are taken to a CSU (crisis stabilization unit), a Dr will see you within 24 hrs, the key is to remain calm and try not to make accustaions agaisnt your mother. It will all work out because the Dr will not be able to keep you there unless you show any form of instability.

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    • #3
      emancipation of minor in FL

      My step-child is 16 and requesting emancipation. She has been Baker acted by her mother and I twice in the past. Can she become emancipated in Florida if her mother and I initiate the process or does the fact that she has been Baker acted make that impossible?

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      • #4
        Starting your own thread is very helpful.

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        • #5
          statements and demeanor?

          No. The cops will take you no matter how you act. You could be mid way between volunteer chores for elderly people when they slap handcuffs on you. Not to far from the truth in my case. There was nothing solved before 2005 when Xena posted. I was baker acted in 2009 for dirty dishes, posture at a wedding, and drinking water while laughing. Only remain calm if you want to get stuck with needles. Otherwise, run as fast as you can until you reach the border. Once you are in Georgia or Alabama, you are safe. Don't waste your time trying to fight the cops. They are armed, and a couple of them broke some woman's nose for biting one after being baker acted.



          Once they get the handcuffs on you, your freedom is gone. It doesn't matter what you say, or how you act. They accused me of acting frightened when I was led in to the ward by a cop. After, that they striped me of my cloths. There's no saying "hey, I think that I am ok and this may be a mistake". If a doctor shows up at all, i'd be surprised. The guy that pulled my cloths off when I refused was no doctor, nor was any of the staff. You are just paper work to them. In fact, the person responsible for you being there is likely the only doctor you'll ever see. Attempt the run at the beginning. You just might get away. I wish I did. If it happened to me again, I'd run faster than I have ever run before.
          Last edited by Betty3; 01-05-2011, 09:13 PM.

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          • #6
            healthyperson, please do not reply to old threads - this thread was started in 2008.

            Thanks.
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